Key holding or allegation
LG Hamburg dismissed the claim relying on the research TDM framework; OLG Hamburg affirmed and held section 44b TDM applicable to the image-analysis activity, finding the natural-language reservation insufficiently machine-readable, with section 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.
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 the reproduction made during dataset preparation was covered by German TDM exceptions and whether a rights reservation was machine-readable.
What the court did not decide
The courts did not establish a categorical rule that subsequent foundation-model training is lawful TDM; the BGH description itself distinguishes dataset creation from later training.
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
Hearing scheduled: BGH hearing scheduled on the copyright/TDM issues arising from copying a photograph during creation of an AI-training-related dataset.