Fabian Reinholz

In the legal dispute Thomson Reuters v. Ross, a US court decides for the first time whether feeding an AI with copyrighted content is permitted under the Fair Use Doctrine. The District Court of Delaware says no, but not categorically, but rather on a case-by-case basis. In the present case, Ross is felled by the fact that it wanted to place its own competing product on the market with the help of information from a well-known US case law database. The decision is therefore not suitable as a "top or bottom" template for future cases. However, it opens up exciting perspectives and provides a breath of fresh air in the debate on AI and copyright.

A look at the US Copyright Office's assessment of copyright protection for AI products.

In episode 69 of HÄRTING|fm, Fabian Reinholz, long-standing partner at Härting Rechtsanwälte, is our guest. This edition of the litigation series focusses on three IP disputes.

Fair financial burden sharing or a dam break for the financing of public security policy? In its judgement last Tuesday, the Federal Constitutional Court ruled that the levying of fees for police operations at high-risk matches at the expense of the DFL in the form of the Bremen fee schedule is constitutional. Is the decision correct? Is the confirmed procedure for charging fees in Bremen a fair distribution of the financial burden or is it a breach of the dam for the private financing of public security policy? An overview:

The Hamburg Regional Court, in the so-called Laion case, has become the first German court to rule on whether copyright is infringed when training artificial intelligence (AI). It has dismissed the lawsuit of a photographer, ruling that the use of his photo is justified under the text and data mining exception outlined in § 60d of the German Copyright Act (UrhG).

Thanks to the Madrid Agreement concerning the international registration of trade marks, a single application can be filed to obtain international protection for a national or EU trade mark that has already been applied for or registered in the other member states of the Agreement. This now applies to 130 countries around the world, including the United States, Australia, Canada, China, Japan, Switzerland and the United Kingdom. Qatar has now also officially joined the World Intellectual Property Organisation (WIPO).

The US Copyright Office recently ruled again that artworks created by artificial intelligence are not protected by copyright, upholding its practice of not registering AI-generated art as a copyright work.

The most important information on trade mark registration in the US

A number of exciting questions arise in trademark law in connection with the increased use of trademarks in virtual spaces.