CIPIL Evening Seminar: 'Memorization & Regurgitation in European and German Copyright Law'

Speaker: Dr Julia Möller-Klapperich, Freie Universität Berlin

Abstract: Art is, first and foremost, something deeply personal, yet at the same time a form of communication that is relevant to society. Copyright law therefore balances between the interests of the artist and those of society. If something has relevance within a market economy, it can in general be monetised. Whilst innovation is increasingly understood politically as the ability to capitalise a personal or societal need, the democratising effect that characterises art as a human phenomenon and as a space for societal resonance is visibly eroding, giving way to a digitalisation-driven centralisation of what is publicly perceptible and, with it, a concentration of power on an unprecedented scale. Legal science must counter this development, to develop meaningful concepts of innovation through interdisciplinary discourse, and to design legal rules that take appropriate account of the social functions of art and AI.

The issue of memorisation lies at the heart of this conflict and is therefore highly controversial. The European Commission has recently launched a consultation on the challenges and way forward regarding the impact of technology on copyright. While the legislature is assessing the situation, courts — including those in Germany — must decide on various cases based on current legislation. It remains unclear whether representing information extracted from copyright-protected works in an AI model constitutes a reproduction under copyright law. In two notable rulings, German courts have ruled in favour of a collecting society that initiated legal proceedings against AI providers. The decisions focus on establishing the facts and proving a physical reproduction as depicted in the model. However, the problem is that due to the technical functioning of the model, this physical reproduction cannot be identified within it. For this reason, the literature considers that, at least in a technical sense, no reproduction has taken place. This talk attempts to shift the discussion from establishing the facts to legal interpretation in cases where the facts cannot be sufficiently clarified. This approach is based on the balance of interests embodied in copyright law. Furthermore, the allocation of responsibilities between the courts and the legislature in addressing unclear technological issues is considered in the assessment. 

Biography: Dr. Julia Möller-Klapperich, LL.M., is the Academic Director of the Master's programme in Business, Competition and Regulatory Law at Freie Universität Berlin, where she is also a Habilitandin. She holds a Master's degree from Dresden University of Technology and a PhD from the Technical University of Freiberg. Prior to joining FU Berlin, she was a research associate at the Scads.AI AI competency centre Dresden/Leipzig. Her main research focus is the regulation of emerging technology markets.

A small drinks reception will take place in G24 after the event. 

This event is a hybrid event - to attend online you must register via Zoom.

Enquiries to: cipil@law.cam.ac.uk