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/u/spez finds out
(lemmy.blahaj.zone)
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this post was submitted on 09 Jun 2023
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Translation: (1) Text and data mining is the automated analysis of one or more digital or digitized works in order to obtain information, in particular about patterns, trends and correlations.
(2) Reproduction of lawfully accessible works for text and data mining is permitted. The reproductions must be deleted when they are no longer required for text and data mining.
(3) Uses pursuant to subsection (2) sentence 1 shall only be permitted if the rights holder has not reserved them. A reservation of use for works accessible online is only effective if it is made in machine-readable form.
None of that says anything about creating profitable derivative work. In fact is specifies patterns, trends and correlations, which does not lead me to believe it is protecting visual works created from this data, those kind of things are only used to inform things, like information science.
Algorithms trained with that training data are considered to make new works, so your only change to stop your work getting into a Algorithm is by going against the ones that make the training data. And they will always pull the science card.
Where are algorithms considered as being new and legally allowed derivative works in relation to visual works of art?
Germany.
And respectively, the algorithm muches up the training data so extremely that less than 0,1% of a training data picture is inside the result, therefore its legally a new work, however that work itself doesn't fall under copyright protection because that is only a thing for human art. And as already stated, the training data is harvested according to the law i mentioned.