The Munich Regional Court I treats memorised musical works within an AI model as reproductions, limits the text-and-data-mining exception and attributes certain AI-generated outputs to the model provider. This article offers an initial assessment of the judgment, which is currently under appeal.
Thema: Copyright
The Munich Regional Court I held that protected musical works had been reproduced in the AI model and in generated outputs. Offering the music generator could also constitute communication to the public. The text and data mining exception did not cover the incorporation of protected works into the model parameters. The court also rejected fair use for training activities carried out in the United States.