The Fate of Text and Data Mining in the European Copyright Overhaul

"The current European Digital Single Market copyright negotiations involve more than just the terrible upload filter and link tax proposals that have caused so much concern—and not all of the other provisions under negotiation are harmful. We haven't said much about the text and data mining provisions that form part of this ambitious legislative agenda, but as the finalization of the deal is fast approaching, the form of these provisions is now taking shape. The next few weeks will provide Europeans with their last opportunity to guide the text and data mining provisions to support coders rights, open access, and innovation. Text and data mining, which is the automated processing and analysis of large amounts of published data to create useful new outputs, necessarily involves copying at least some of the original data. Often, that data isn't subject to copyright in the first place, but even when it is, copies made in the course of processing generally fall within the scope of the fair use right in the United States...."