Key holding or allegation
LG Hamburg dismissed the claim under the research TDM framework; OLG Hamburg affirmed and held §44b TDM applicable to the image-analysis activity, finding the natural-language reservation insufficiently machine-readable, with §60d also supporting the result.
Why it matters
Leading European national authority on dataset-preparation TDM and opt-out formalities in the generative-AI ecosystem; BGH review is pending.
Facts
LAION downloaded a photograph while analysing image-text correspondence in creating an image-text dataset that could later be used for generative-AI training.
Issues before the court
Whether reproduction during dataset preparation was covered by German TDM exceptions and whether a rights reservation was machine-readable.
What the court did not decide
The BGH has not issued a merits ruling. The case concerns dataset preparation and does not categorically resolve later foundation-model training or model memorisation.
Procedural timeline
LG Hamburg
First-instance merits judgment: Claim dismissed under the German TDM/research framework for copying used in automated image-text analysis during dataset creation.
Hanseatisches OLG
Appellate merits judgment: Appeal dismissed; section 44b TDM held applicable to the image-analysis activity and natural-language reservation held insufficiently machine-readable; section 60d also supported the result.
Bundesgerichtshof
Oral hearing held / judgment scheduled: BGH held the revision hearing on the TDM and rights-reservation issues and scheduled delivery of judgment for 17 Dec 2026.