Text and Data Mining in the Proposed Directive: Where Do We Stand? - Kluwer Copyright Blog
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The global research community generates over 1.5 million new scholarly articles per year. Text and data mining (TDM) enables individuals to analyse such large amounts of data, to categorise that data, and to unravel the underlying patterns in order to attain new knowledge, and to create new databases. That being said, utilisation of TDM in research and innovation is possible only if the applicable legal framework delivers precise rules that promote adoption of TDM for researchers, businesses and other beneficiaries. The Proposal for a Directive on Copyright in the Digital Single Market, published on 14 September 2017, addresses legal uncertainty as regards TDM practices within the European Union by introducing a mandatory exception for TDM in Article 3. The proposed exception applies only to non-commercial research organisations that mine content to which they have lawful access for scientific research purposes. Article 3(2) of the Proposal further stipulates that the exception shall not be overridden by contracts. This blog post briefly analyses the proposed exception and its legislative trail, including the amendments proposed by several committees of the European Parliament.