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August 2, 2023
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Exclusive CEPIC Webinar on the Robert Kneschke v.LAION case in Germany

Exclusive CEPIC Webinar

On 25th July the AI working group and the Board of CEPIC attended an exclusive information webinar on the Robert Kneschke v.LAION case.

This case, filed in the Hambourg Court, was brought by photographer Robert Kneschke against the AI training database LAION. Photographer Kneschke had asked LAION to remove his photographs. Instead he received a threatening negating letter and an invoice amounting to 900, - € for lawyers fees. This is how LAION had chosen to react to a legitimate request based on Art. 60 d of the German Copyright Act.  LAION, "a non-profit organization with members from all over the world, aiming to make large-scale machine learning models, datasets and related code available to the general public" nevertheless claims that the free training of data occurs on the basis of the now EU-wide exception for research organisations (art.44 b of German Copyright Act). They also say that no reproduction of Roberst's disputed images in the sense of copyright law has taken place.

Sebastian Deubelli (from the (law firm representing R.Kneschke) disputes both claims.

The case is relevant beyond the borders of Germany for many reasons.

  • Art. 60d  and 44b implement into German law the Text and Data Mining exceptions of art. 3 and 4 of the EU Copyright Directive. Copyright laws in other EU Member States have integrated these provisions as well;
  • Beyond the visual media industry the case will be the first test of the opt-out provisions provided by the Directive and its various national implementations;
  • Beyond the EU the case will provide useful rationale for similar cases

Meeting Attendants: 
Sebastian Deubelli, Juliette Bimbaud, Sylvie Fodor, Sergi Grigno, Florian Koempel, Mark Milstein, Paul Seheult, Emily Shelley, Anna Skurczynska, Valérie Théveniaud-Violette, Christina Vaughan, Stephan Werder, Nancy Wolff

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