Τhe Exception of Text and Data Mining from the Academic Libraries Standpoint

Abstract

Directive 2019/790/EU (DSM Directive) aims to adapt and supplement the Union copyright framework in order to address the needs and challenges that are constantly arising in the digital environment. Given the importance of text and data mining (TDM) techniques not only with respect to the digital economy but also with regard to their benefits for the research and innovation, DSM Directive introduced the exception of TDM. Academic libraries are among the beneficiaries of the mandatory TDM exception for the purposes of scientific research. This paper analyses in detail the legal infrastructure of TDM exception as provided in Article 3 of the DSM Directive, elucidating at the same time the different notions included therein and addressing certain challenges regarding its application. Further, this paper aims at shedding light on the impact of the TDM exception on libraries and the benefit pursued by them, while in the last part the outcome and results reached through questionnaires and interviews in the framework of the research project "The exception of text and data mining in copyright law regarding Academic Libraries" realized in Greece are described and analyzed thoroughly. In view of the above, concrete recommendations and conclusions are provided with respect to the new TDM exception.