The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market - Legal Aspects

Christophe Geiger; Giancarlo Frosio; Oleksandr Bulayenko

doi:10.2139/ssrn.3160586

The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market - Legal Aspects

Christophe Geiger, Giancarlo Frosio, Oleksandr Bulayenko

Research output: Working paper › Discussion paper

Abstract

This research paper reproduces the study commissioned to CEIPI by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs (JURI-Committee). It provides an analysis of the European Commission’s Proposal to introduce in Article 3 a mandatory exception to copyright allowing to carrying out text and data mining of protected works, assesses its positive and negative impacts and provides some suggestions for possible improvements. Advantages of introducing an “open clause” in EU copyright law on top of an enumerated list of limitations and exceptions to address some of the related problems are also reviewed.

Original language	English
Number of pages	33
DOIs	https://doi.org/10.2139/ssrn.3160586
Publication status	Published - 20 Apr 2018
Externally published	Yes

Publication series

Name	CEIPI Research Paper No. 2018-02

Keywords

copyright, EU, reform, text and data mining, artificial intelligence, technology, intellectual property, right to research, exceptions, limitations, fair use

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10.2139/ssrn.3160586Licence: Unspecified

Cite this

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title = "The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market - Legal Aspects",

abstract = "This research paper reproduces the study commissioned to CEIPI by the European Parliament{\textquoteright}s Policy Department for Citizens{\textquoteright} Rights and Constitutional Affairs at the request of the Committee on Legal Affairs (JURI-Committee). It provides an analysis of the European Commission{\textquoteright}s Proposal to introduce in Article 3 a mandatory exception to copyright allowing to carrying out text and data mining of protected works, assesses its positive and negative impacts and provides some suggestions for possible improvements. Advantages of introducing an “open clause” in EU copyright law on top of an enumerated list of limitations and exceptions to address some of the related problems are also reviewed.",

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AB - This research paper reproduces the study commissioned to CEIPI by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs (JURI-Committee). It provides an analysis of the European Commission’s Proposal to introduce in Article 3 a mandatory exception to copyright allowing to carrying out text and data mining of protected works, assesses its positive and negative impacts and provides some suggestions for possible improvements. Advantages of introducing an “open clause” in EU copyright law on top of an enumerated list of limitations and exceptions to address some of the related problems are also reviewed.

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The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market - Legal Aspects

Abstract

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Keywords

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