Abstract
A deeper look into the EU Text and Data Mining exceptions: Harmonisation, data ownership, and the future of technology
Highlights
The Directive on Copyright in the Digital Single Market (CDSM)[1] incorporates a number of provisions (32 Articles and 86 Recitals) intended to modernise EU copyright law and to make it “fit for the digital age”.2 The Directive’s reach is impressive: it covers exceptions and limitations (Arts. 3-6), out-of-commerce-works and licensing practices (Arts. 8-12); the reproduction of works of visual art in the public domain (Art. 14), and a whole chapter dedicated to the fair remuneration of authors and performers (Title IV, Ch. 3).[3]
That if Art. 5(1) is only available when a certain use is not restricted by applicable legislation, the recognition that text and data mining (TDM) is a reserved use of rightholders, means that temporary acts of reproduction performed for TDM purposes outside the scope of Art. 3&4 CDSM are not permitted any longer as they do not meet the condition of lawful use
Whereas it will not always be possible to understand why certain conclusions were reached by the Artificial Intelligence (AI), an open, accountable and verifiable approach will ensure that the same substantive and procedural guarantees of fairness, accountability and rule of law that have emerged in our societies over centuries of legal culture will not be obfuscated behind the unintelligible complexity of statistical inference.[67]
Summary
The Directive on Copyright in the Digital Single Market (CDSM)[1] incorporates a number of provisions (32 Articles and 86 Recitals) intended to modernise EU copyright law and to make it “fit for the digital age”.2 The Directive’s reach is impressive: it covers exceptions and limitations (Arts. 3-6), out-of-commerce-works and licensing practices (Arts. 8-12); the reproduction of works of visual art in the public domain (Art. 14), and a whole chapter dedicated to the fair remuneration of authors and performers (Title IV, Ch. 3).[3]. This paper focusses on one specific intervention, the introduction of two exceptions for text and data mining in the Directive on Copyright in the Digital Single Market (CDSM).
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