Text and Data Mining (TDM)

Artificial Intelligence (AI), Legislative process, Liability, Text and Data Mining (TDM)

(University of Szeged)/ /1 Comment

The booming industry of generative artificial intelligence (AI) is facing its first regulatory attempt in China. On April 11th, the Cyberspace Administration of China released a draft of the Regulation for Generative Artificial Intelligence Services (the ‘draft Regulation’) for public consultation, which includes 21 articles detailing the proposed regulatory framework for the generative AI industry….

Artificial Intelligence (AI), European Union, Exceptions and Limitations, Fair Use, Legislative process, Liability, Text and Data Mining (TDM), USA

(Institute for Information Law (IViR))/ /3 Comments

TLDR   Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular,…

Artificial Intelligence (AI), CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Text and Data Mining (TDM), USA

(Washington College of Law) and (SciencesPo)/ /1 Comment

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. “Text and data mining” (“TDM”)…

CDSM Directive, European Union, Fair Use, Infringement, Text and Data Mining (TDM), United Kingdom, USA

(Institute for Information Law (IViR))/ /1 Comment

As generative machine learning (ML) systems become more mainstream, the discussion about copyright and ML input is back in the spotlight. At the heart of this discussion is the question of whether authors, creators, and other rightholders need to give permission before their works can be used as input for generative ML systems that produce…

Brazil, Exceptions and Limitations, Legislative process, Text and Data Mining (TDM)

, (Brazilian Copyright Institute (IBDAutoral))/ /Leave a comment

Introduction: Brazilian Copyright Framework and the existing L&Es Brazil has signed most Intellectual Property (IP) law Treaties, but notably it has not adhered to the WIPO Copyright or the WIPO Phonogram and Performance Treaties. The main national legal instrument for copyright is the Brazilian Copyright Law (Law n. 9.610/98), which is complemented by the software…

Digital Single Market, European Union, Exceptions and Limitations, Text and Data Mining (TDM)

(Luiss Guido Carli University) and (University College Dublin)/ /Leave a comment

This contribution was posted first on 17 January 2023 on  The Digital Constitutionalist under the title: Safeguarding the Constitutional Role of Media as Fourth Estate of Democracy: Copyright as a Regulatory Framework for Freedom of Expression and Access to Information Online.   In September 2022, the European Commission published its draft European Media Freedom Act…

CDSM Directive, Digital Single Market, European Union, Germany, Legislative process, Text and Data Mining (TDM)

, , (NORDEMANN)/ /Leave a comment

In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Secondly, the legislature felt obliged, in response to certain CJEU…

Artificial Intelligence (AI), CDSM Directive, European Union, Exceptions and Limitations, Legislative process, Text and Data Mining (TDM), United Kingdom

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

As previously reported, between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The outcome of the consultation is supposed to inform the government with respect to a potential legislative reform of the UK…

Artificial Intelligence (AI), CDSM Directive, Digital Single Market, European Union, Legislative process, Text and Data Mining (TDM)

(University of Cyprus)/ /Leave a comment

Almost 3 years after the adoption of the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. During a fervent period of failed timely implementation efforts on many fronts (see here), MS need to be vigilant and ensure that the delicate balances…