自2020年5月法律科技巨头汤森路透(Thomson Reuters)对ROSS Intelligence使用其旗下Westlaw中的数据用于训练AI的行为提起版权侵权诉讼[1]至今,图书、图片、音乐等版权方已基于AI训练数据的行为在全球提起几十起版权侵权诉讼,各受理法院均未对未经授权使用版权材料用于AI训练是否构成版权侵权做出实质性判决。
2024年9月27日,德国汉堡地区法院(The Hamburg Regional Court)对Laion案做出裁决[2],这是全球首例就AI训练是否构成版权侵权问题予以明确的裁决,该案中,原告的版权侵权诉讼主张因被告的行为符合德国《版权及邻接权法》(UrhG)规定的用于科学研究目的的文本和数据挖掘的例外而被法院驳回。
a. 追求非商业目的;
b. 将全部利润再投资于科学研究;或
c. 根据国家批准的授权为公共利益行事。
Laion案的判决是否为最终判决目前还暂无定论,但作为全球首例AI训练数据版权侵权案的裁决仍对实践具备重要指导意义。由于UrhG第60d条第44b条是对欧盟《数字单一市场版权指令》(以下简称“DSM指令”)的第3条和第4条的转换,该裁决对其他欧盟国家文本和数据挖掘的适用将同样产生重大影响。从裁决内容看,法院倾向于为非商业目的的AI训练行为保留合法空间以促进新科技的发展,但具备商业目的的AI训练行为是否存在UrhG第44b条的适用空间仍有待相关判决予以进一步明确。
[1] Thomson Reuters Enterprise Centre GmbH v. ROSS Intelligence Inc., 1:20-cv-00613, (D. Del.)
[2] Hamburg Regional Court, Germany [2024]: Robert Kneschke v. LAION e.V., Case No. 310 O 227/23
[3] Section 44a Temporary acts of reproduction Those temporary acts of reproduction are permitted which are transient or incidental and constitute an integral and essential part of a technical process and whose sole purpose is to enable a transmission in a network between third parties by an intermediary or a lawful use of a work or other protected subject matter to be made and which have no independent economic significance.
[4] Section 44b Text and data mining (1) ʻText and data miningʼ means the automated analysis of individual or several digital or digitised works for the purpose of gathering information, in particular regarding patterns, trends and correlations. (2) It is permitted to reproduce lawfully accessible works in order to carry out text and data mining. Copies are to be deleted when they are no longer needed to carry out text and data mining. (3) Uses in accordance with subsection (2) sentence 1 are permitted only if they have not been reserved by the rightholder. A reservation of use in the case of works which are available online is effective only if it is made in a machine-readable format.
[5] Section 60d Text and data mining for scientific research purposes (1) It is permitted to make reproductions to carry out text and data mining (section 44b (1) and (2) sentence 1) for scientific research purposes in accordance with the following provisions. (2) Research organisations are authorised to make reproductions. ʻResearch organisationsʼ means universities, research institutes and other establishments conducting scientific research if they 1. pursue non-commercial purposes, 2. reinvest all their profits in scientific research or 3. act in the public interest based on a state-approved mandate. The authorisation under sentence 1 does not extend to research organisations cooperating with a private enterprise which exerts a certain degree of influence on the research organisation and has preferential access to the findings of its scientific research. (3) The following are, further, authorised to make reproductions: 1. libraries and museums, insofar as they are accessible to the public, and archives or institutions in the field of cinematic or audio heritage (cultural heritage institutions), 2. individual researchers, insofar as they pursue non-commercial purposes. (4) Those authorised in accordance with subsections (2) and (3) and pursuing noncommercial purposes may make reproductions made pursuant to subsection (1) available to the following persons: 1. a specifically delimited circle of persons for their joint scientific research and 2. individual third persons for the purpose of monitoring the quality of the scientific research. The making available to the public must be terminated as soon as the joint scientific research or the monitoring of the quality of the scientific research has been concluded. (5) Those authorized under subsections (2) and (3) no. 1 may retain reproductions made pursuant to subsection (1), thereby taking appropriate security measures to prevent unauthorised use, for as long as they are needed for the purposes of the scientific research or the monitoring of the quality of the scientific findings. (6) Rightholders are authorised to take necessary measures to prevent the security and integrity of their networks and databases being put at risk on account of reproductions made in accordance with subsection (1). S
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