GENERATIVNA VEŠTAČKA INTELIGENCIJE JE OBUHVAĆENA IZUZETKOM ZA RUDARENjE TEKSTA I PODATAKA? – PRESUDA POKRAJINSKOG SUDA U HAMBURGU LAION

Abstract

Generative artificial intelligence, as a form of artificial intelligence, represents one of the greatest challenges that copyright law has ever faced. The possibility of using artificial intelligence to create works of art that can rival works created by authors could lead to a complete collapse of human creativity and potentially change copyright as we know it. In the midst of these social changes, the Hamburg District Court (Landsgericht Hamburg) issued a first-instance judgment in the case Kneschke v. LAION, a dispute between copyright holder and the company that is taking part in developing artificial intelligence. The analysis of this judgment, as one of the first of its kind, represents a significant source of knowledge in the field of intellectual property law, which is why it deserves great attention in comparative theory. In the following paper, the author will present the most significant elements of the judgment and conduct an analysis of it, and then try to predict the possible consequences that this judgment may lead to.