The legal perspective- Lucie Guibault, University of Amsterdam
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The legal perspective- Lucie Guibault, University of Amsterdam

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Presentation by Lucie Guilault (UvA) from the 'Prefect Swell' workshop on text and data mining on the 27th of September 2013

Presentation by Lucie Guilault (UvA) from the 'Prefect Swell' workshop on text and data mining on the 27th of September 2013

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The legal perspective- Lucie Guibault, University of Amsterdam The legal perspective- Lucie Guibault, University of Amsterdam Presentation Transcript

  • Legal aspects of text and data mining Lucie Guibault British Library, 27 September 2013 Institute for Information Law
  • Text and Data Mining – 2013 2
  • Overview  Copyright  Protectable subject matter  Scope of protection  Sui generis Database right  Protectable subject matter  Scope of protection  IPRs and TDM - Current debates Text and Data Mining – 2013 3
  • Problem? TDM involves access to and usage of articles and data in bulk which may infringe IP rights Text and Data Mining – 2013 4
  • 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. Text and Data Mining – 2013 5
  • 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 Text and Data Mining – 2013 6
  • Copyright  Duration of protection: 70 years p.m. auctoris  Compilation vs. content  Exceptions and Limitations  Incidental and transient reproductions  Quotations  Educational and research use Text and Data Mining – 2013 7
  • 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’. Text and Data Mining – 2013 8
  • 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 Text and Data Mining – 2013 9
  • 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; Text and Data Mining – 2013 10
  • 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!!! Text and Data Mining – 2013 11
  • QUESTION? Should TDM be subject to the authorization of the rights holder? Text and Data Mining – 2013 12
  • 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 Text and Data Mining – 2013 13
  • 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 14Text and Data Mining – 2013
  • Thank you very much! For more information Lucie Guibault L.Guibault@uva.nl Text and Data Mining – 2013 15