Does Copyright Require Authorization to Use Data “Subsisting in Copyright Works?” | infojustice

"The World Intellectual Property Organization in Geneva has requested comments on a series of questions about whether “use of the data subsisting in copyright works without authorization for machine learning constitute an infringement of copyright?” I have joined other copyright experts in a submission to WIPO commenting on their questions. This note explains in more detail some of my reservations about use of the phrase “use of the data subsisting in copyright works without authorization” in WIPO’s questions and in our general thinking about the relation between copyright and text and data mining."