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Use of copyright-protected photographs for training artificial intelligence: Decision of the Hanseatic Higher Regional Court
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Background of the legal dispute
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At the center of the hearing before the Hanseatic Higher Regional Court (OLG) Hamburg (Case No.: 5 U 104/24) was the question of whether photographs may be used for machine training of artificial intelligence without the express consent of the author. A professional photographer brought an action after his work was used in an AI training database for image-generation applications.
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Positions of the parties
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The claimant argued that integrating his photograph into an AI database constituted an act of use that infringed his exclusive rights as the author. He also considered it an impermissible reproduction and making available to the public of his work. The defendants disputed this, invoking the provisions on text and data mining pursuant to Section 44b of the German Copyright Act (UrhG), which create a privileged legal framework for the—also automated—analysis of copyright-protected content.
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Assessment by the Higher Regional Court
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The OLG Hamburg upheld the defendants’ argument and relied primarily on Section 44b UrhG. According to this, the reproduction of works for the purpose of text and data mining is permissible provided that the rights holder has not made an express reservation. In the present case, the photographer had not made such a reservation; therefore, the use within an AI training database was deemed permissible. The court considered the statutory requirements to be met and therefore dismissed the action.
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Relevance of the decision
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This decision makes clear that copyright-protected photographs can generally be used for AI-licensed applications, provided that the rights holder has not expressly reserved such use within the meaning of Section 44b(3) UrhG. The decision thus has significant implications for rights holders as well as for companies that depend on automated data analyses in the field of artificial intelligence.
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It should be noted that the court’s decision is based on the specific circumstances of the individual case, and that legal issues surrounding the relationship between copyright law and artificial intelligence continue to be further clarified on an ongoing basis by both the legislator and the courts.
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If legal questions or uncertainties arise in connection with the use of copyright-protected works for AI applications, an individual assessment on a case-by-case basis is recommended. For more in-depth advice or where there is a specific need for regulation, MTR Legal is happy to assist you under legal advice in copyright law.
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