iCLIC Data Mining and Data Sharing Workshop (Part 1) - FutureTDM

"Going beyond the TDM exception she outlined other impacts the proposal would have on research. For example, the EC proposes a new 20-years lasting 'neighbouring right' [for press publishers], which applies retroactively and can therefore cause problems even for already existing scholarly works. [The STM Association, also aiming to tighten conditions concerning the 'lawful access'-condition of the proposed TDM exception, aims to get this neighbouring right extended to STM publishers]. This new right would apply even to non-copyrighted works, which is one way how TDM activities could be affected by it. Her résumé: we are still far away from an improvement for Open Science.

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The EC proposal is now to be discussed by the European Parliament and the Council of the EU, and another question during the Q&A was about the Council's stand with regard to an EU-wide TDM exception, as expressed in the recent Council Conclusions. While the Conclusions endorse a broader exception by not limiting it to a particular type of beneficiary, it was pointed out that in the document it sounds like limited by type of content, which would be more like the French approach. However, this language might be just because those Conclusions are particularly about research and Open Science."