This document discusses the legal issues around text and data mining (TDM) in relation to intellectual property rights (IPRs). It notes that TDM involves bulk access and usage of articles and data, which may infringe on copyright and database rights. Both the content of articles and databases themselves may be protected by these rights. Current exceptions for things like incidental copying and educational use do not clearly apply to TDM. As a result, rights holders claim that TDM requires prior authorization. The document argues that a tailored exception for non-commercial research TDM may be justified, as long as safeguards are in place to prevent redistribution of content.
3. Overview
Copyright
Protectable subject matter
Scope of protection
Sui generis Database right
Protectable subject matter
Scope of protection
IPRs and TDM - Current debates
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4. Problem?
TDM involves access to and usage of
articles and data in bulk which may
infringe IP rights
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5. Copyright
Subject matter of protection
Compilations protected if selection and
arrangement of content is original – ‘author’s
own intellectual creation’
Individual works protected if original
Articles, music, video’s etc.
No protection for facts, ideas etc.
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6. Copyright
Economic rights
Right of reproduction
Any temporary or permanent reproduction by any
means and in any form
Right of communication to the public
Broadcasting, making available
Moral rights
Paternity & Integrity
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7. Copyright
Duration of protection: 70 years p.m. auctoris
Compilation vs. content
Exceptions and Limitations
Incidental and transient reproductions
Quotations
Educational and research use
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8. Sui generis Database right
Subject matter of protection
‘database which shows that there has been
qualitatively and/or quantitatively a substantial
investment in either the obtaining, verification or
presentation of the contents to prevent extraction
and/or re-utilization of the whole or of a substantial
part, evaluated qualitatively and/or quantitatively, of
the contents of that database’.
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9. Sui generis Database right
Right of extraction
The permanent or temporary transfer of all or a substantial
part of the contents of a database to another medium by any
means or in any form
Right of re-utilization
Any form of making available to the public all or a substantial
part of the contents of a database by the distribution of
copies, by renting, by on-line or other forms of transmission.
Repeated and systematic extraction and/or re-
utilization of insubstantial parts of the contents
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10. Sui generis Database right
No incidental and transient copying exception
No quotation exception
But an educational use exception
(b) in the case of extraction for the purposes of illustration
for teaching or scientific research, as long as the source is
indicated and to the extent justified by the non-commercial
purpose to be achieved;
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11. Impact of IPRs on Text and Data Mining
Rights most probably subsist in database and/or
content
Exceptions and limitations hardly applicable
Scientific Publishers claim copyright and database
protection on the content of their database
Result:
TDM not allowed without prior authorization from
rights holder!!!
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12. QUESTION?
Should TDM be subject to the
authorization of the rights holder?
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13. A possible exception?
From a normative perspective: not all technically
possible reproductions should be considered
copyright relevant acts
TDM for non-commercial research purposes does
not encroach upon the normal exploitation of the
work
TDM for non-commercial research purposes does
not unreasonably prejudice the legitimate interests
of the rights holders
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14. Building in safeguards
An exception would not prevent a publisher from:
applying technological measures on their
networks in order to maintain security or stability
offering additional services
An exception would not allow redistribution of the
primary works, or substantial parts of those, which
would remain restricted by copyright
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15. Thank you very much!
For more information
Lucie Guibault
L.Guibault@uva.nl
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