From infringement to exception: why the rules on data mining in Europe need to change | CREATe

"This paper considers how the relationship between UK and EU copyright and database law and data mining affects three important industries: the pharmaceutical sector, law enforcement and marketing. It concludes that data mining is prima facie infringing. The legal exception and defences currently available are at best insufficient and at worst not applicable to data mining. Such legal uncertainty is likely to have a chilling effect on data mining in Europe.

The paper concludes by considering potential legislative and regulatory solutions to ensure that data miners in Europe are able to achieve the potential benefits that data mining offers."