Learn essential legal literacies (copyright, contracts, privacy, ethics & policy, and special use cases/statutes), for supporting text data mining (TDM) research.

1. Copyright & Fair Use for Digital Projects
Librarian Legal Literacies
for Text Data Mining
Office of Scholarly
Communication Services
Rachael Samberg, J.D., MLIS
Maria Gould, M.A., MLIS

2. OVERVIEW

3. What you can do,
not what you can’t

4. Do you have
any stories?

5. The Basics
“Text mining is the use of automated tools, techniques or
technology to process large volumes of digital content
that is often not well structured - to identify and
select relevant information; to extract information from
the content, to identify relationships within / between /
across documents and incidents or events for
meta-analysis.”
- from Text & Data Mining - A Librarian Overview by Ann
Oakerson (2013)

6. TDM
Literacies
Other
Statutes
Contracts
PrivacyCopyright
Ethics &
Policy

7. Copyright

8. Public Domain
Federal Census Data
Trip to the Moon, film still,
1902

9. Facts & Ideas
Nicholas Mazza,
Poetry therapy: Toward a
research agenda for the 1990s,
The Arts in Psychotherapy,
Volume 20, Issue 1,1993,51-59,

10. Content Data about the content
TDM researchers can use copyrighted content!

11. Fair Use
17 U.S.C.§ 107
“The fair use of a
copyrighted work…for
purposes such as
criticism, comment,
news reporting,
teaching…, scholarship,
or research, is not an
infringement of
copyright.”

12. Four-Factor Balancing Test
1. Purpose & character of use
“Transformativeness” often
dominates
2. Nature of copyrighted work
Whether factual/scholarly work
3. Amount and substantiality
Size & importance of portion
vs. whole
4. Effect on potential market
Whether it supplants market for
original

13. Authors Guild v. HathiTrust
755 F.3d 87 (2d Cir. 2014)
Textual analysis that digital
library enabled was
transformative under factor
one, and overall fair
Authors Guild v. Google
804 F.3d 202 (2d Cir. 2015)
Creation of full-text
searchable database with
“snippet view” and “ngram
viewer” were fair uses

14. From research
to publishing

15. - Sovereign
immunity re:
copyright
- Willfulness
(17 U.S.C.
§ 504(c)(2))
Risk

16. ● May be fair to digitize to
conduct text data mining
● May not be fair to republish
large portions of (c) content
within final publication
● May not be fair to circulate
digitized texts / corpus
● Up to researcher to decide
Takeaways

17. Contracts

18. Database Agreements
Challenges:
- Terms
- Visibility

19. Archives
Agreement
“I understand that
permission to publish, or
otherwise publicly use,
materials . . . must be
[granted by library]
I understand further that
the University makes no
representation that it is
the owner of the
copyright... and that
permission to publish must
also be obtained from the
owner of the copyright.”

20. Website Terms
“If you intend to
quote extensive
amounts of text, use
other original
content, or
reproduce images
from this site,
please contact us
for permission.”

21. CDL’s Model Database Language
Authorized Users may use the Licensed Materials to
perform and engage in text and/or data mining
activities for academic research, scholarship, and
other educational purposes... and may utilize and
share the results of text and/or data mining in their
scholarly work and make the results available for use
by others, so long as the purpose is not to create a
product for use by third parties that would substitute
for the Licensed Materials.

22. CDL Model License: Preserving Fair Use
Notwithstanding the foregoing, nothing in this
agreement shall otherwise restrict uses of the
material that would be fair use pursuant to 17 U.S.C.§
107 et seq.

23. Privacy

24. Protects the
subjects
(people)

25. Ethics &
Policy

26. - Indigenous
knowledge
- Cultural heritage
materials
- Endangered species
protection

27. Other
Statutes

28. - Computer Fraud &
Abuse Act
- Digital Rights
Management (DRM) &
Digital Millennium
Copyright Act
Statutes

29. - International
intersections
- Moral rights
Special Cases

30. Exercise

31. Copyright & Fair Use for Digital Projects
THANK YOU!
Let’s talk more…
E-mail:
schol-comm@berkeley.edu
Twitter: @UCB_scholcomm