Künstliche Intelligenz und Urheberrecht

The article deals with the question of the applicability of § 60d UrhG for the creation of open training data sets for AI model training. The background is the first ruling in the LAION case of training data sets for AI models by the LG Hamburg, Urt. v. 27.09.2024, (310 O 227/23). The article provides an overview over the question of the definition of »open-source AI models« and discusses the applicability of the exception of § 60d UrhG to open training datasets. Finally, a proposal for a regulation of § 60d UrhG and a compensation for § 44b UrhG are made to provide legal certainty.