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

Geiger, Christophe; Frosio, Giancarlo; Bulayenko, Oleksandr

doi:10.2139/ssrn.3160586

Cited by 66 publications

(21 citation statements)

References 14 publications

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“…3 Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market COM 2016 593 final. See further, Margoni and Dore (2016) and Geiger et al (2018). 46 , p. 17.…”

Section: Copyright Law On Blockchains: Between New Forms Of Rights… 83mentioning

confidence: 99%

Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0

Finck

Moscon

2018

IIC

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This article examines the potential and limitations of blockchain technology and blockchain-based smart contracts in relation to copyright. Copyright has long been enforced through technological means, specifically Digital Rights Management. With the emergence of blockchains, many are now predicting a new era regarding the administration and enforcement of copyright through computer code. The article introduces the technology and related potential and limitations while stressing its capacity to act as a form of normative ordering that can express public or private objectives.

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Section: Copyright Law On Blockchains: Between New Forms Of Rights… 83mentioning

confidence: 99%

Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0

Finck

Moscon

2018

IIC

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“…However, those limitations do not apply in the fields of software and databases. Fore more information see Bottis et al 2019, Geiger et al 2018 Art. 7(1) of Directive (EU) 2019/790.…”

Section: Measures To Adapt Exceptions and Limitations To The Digital mentioning

confidence: 99%

The dark side(s) of the EU Directive on copyright and related rights in the Digital Single Market

Ferri

2020

China-EU Law J

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The article examines some pivotal aspects of Directive (EU) 2019/790, which is the new legislative act adopted by the European Union to adapt copyright to the evolving digital environment. Indeed, this measure is meant to have considerable implications on the European plane and is supposed to influence, at least in part, also the relations between the EU and third States in the field of copyright. The Directive shall be transposed by mid 2021, but the time is ripe for a first assessment and some reflections. The analysis primarily investigates the relationship between Digital Single Market and EU copyright law and focuses on the most controversial issues of a long-awaited piece of legislation that so far has been widely criticized. In particular, the article explores three new key points: mandatory exceptions and limitations to right holders’ exclusive rights, press publishers’ rights, and platforms’ liability.

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“…The thirst for data in the AI sector has prompted considerable legal interest around the world in creating text and data-mining (TDM) exceptions to copyright infringement (Geiger et al 2018). The data scraping discussion thus now also takes place in the shadow of broader concerns over rights to access and reuse data for AI research and processes.…”

Section: Literature Reviewmentioning

confidence: 99%

Ownership and control over publicly accessible platform data

Scassa

2019

OIR

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Purpose The purpose of this paper is to examine how claims to “ownership” are asserted over publicly accessible platform data and critically assess the nature and scope of rights to reuse these data. Design/methodology/approach Using Airbnb as a case study, this paper examines the data ecosystem that arises around publicly accessible platform data. It analyzes current statute and case law in order to understand the state of the law around the scraping of such data. Findings This paper demonstrates that there is considerable uncertainty about the practice of data scraping, and that there are risks in allowing the law to evolve in the context of battles between business competitors without a consideration of the broader public interest in data scraping. It argues for a data ecosystem approach that can keep the public dimension issues more squarely within the frame when data scraping is judicially considered. Practical implications The nature of some sharing economy platforms requires that a large subset of their data be publicly accessible. These data can be used to understand how platform companies operate, to assess their compliance with laws and regulations and to evaluate their social and economic impacts. They can also be used in different kinds of data analytics. Such data are therefore sought after by civil society organizations, researchers, entrepreneurs and regulators. This paper considers who has a right to control access to and use of these data, and addresses current uncertainties in how the law will apply to scraping activities, and builds an argument for a consideration of the public interest in data scraping. Originality/value The issue of ownership/control over publicly accessible information is of growing importance; this paper offers a framework for approaching these legal questions.

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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

Cited by 66 publications

References 14 publications

Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0

Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0

The dark side(s) of the EU Directive on copyright and related rights in the Digital Single Market

Ownership and control over publicly accessible platform data

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