Text and Data Mining (TDM)

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Reproduction (right of), Text and Data Mining (TDM)

(Washington College of Law), (Luiss Guido Carli University), and (Institute for Information Law (IViR))/ /Leave a comment

Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We and other members of the Global Expert Network on Copyright User Rights contributed…

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

(Institute for Information Law (IViR))/ /Leave a comment

Art. 2(2) of the DSM Directive defines ‘text and data mining’ as “any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations”. Text and data mining (TDM) generally refers to the computer-based analysis of large bodies…

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

, (Université Catholique de Louvain)/ /1 Comment

The use of artificial intelligence (AI) tools raises possible issues of bias, discrimination and transparency that need to be investigated by (legal) researchers. But AI tools can also support the implementation of legal principles and rules. This is the case with smart disclosure systems (SDSs). The latter refers “to the timely release of complex information…

Case Law, CJEU, Digital Single Market, Enforcement, European Union, Exceptions and Limitations, Germany, Infringement, Legislative process, Liability, Netherlands, Originality, Press Publishers ’ Right, Text and Data Mining (TDM)

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As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2019 to all of our readers, as well as reflect on developments in copyright over the past year.  Last year was a busy one in the copyright world, with a number of landmark CJEU decisions,…

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

(Berkeley Law School)/ /Leave a comment

Forthcoming in the November 2018 issue of Communications of the ACM, a computing professionals journal, is a column entitled “Legally Speaking: The EU’s Controversial Digital Single Market Directive” by Professor Pamela Samuelson, Berkeley Law School. The editors of Communications of the ACM have given permission for this column to be pre-published for the Kluwer Copyright…

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

(IViR)/ /Leave a comment

The global research community generates over 1.5 million new scholarly articles per year. Text and data mining (TDM) enables individuals to analyse such large amounts of data, to categorise that data, and to unravel the underlying patterns in order to attain new knowledge, and to create new databases. That being said, utilisation of TDM in…

Canada, Case Law, CJEU, Communication (right of), Conference, European Union, Exceptions and Limitations, Fair Use, Infringement, Making available (right of), Switzerland, Text and Data Mining (TDM)

, , (Sigma Legal)/ /Leave a comment

Last week we published the first part of a two-part article summarising the essence of the presentations at the annual IP conference organised by the University of Geneva on February 22, 2017 (programme available here). This is the second part of the article, discussing the remaining presentations. 4. Scope of copyright: hyperlinking and framing as…

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

(Institute for Information Law)/ /Leave a comment

Recently, the Commission published a draft of the Commission’s impact assessment “on the modernisation of EU copyright rules”  and a draft for a new directive “on copyright in the Digital Single Market” were leaked. Yesterday, the Commission launched the long-awaited proposal for this directive, which includes an exception for reproductions made by research organisations to…

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

(Hellenic Copyright Organization)/ /Leave a comment

Our era is the era of ‘Big Data’. The proliferation of data that we have experienced in recent years is unprecedented, and its volume only grows. Some numbers: we create 2.5 quintillion bytes of data every day and 90% of the data in today’s world has been created in the last two years. The volume…

Case Law, European Union, Infringement, Legislative process, Netherlands, Text and Data Mining (TDM)

(Institute for Information Law)/ /1 Comment

It is beyond dispute that Anne Frank’s diary is of great historical value. A recent Dutch court decision confirms this, in a case that perfectly illustrates the tension between freedom of scientific research and the enforcement of copyright. On the 23rd of December 2015, the District Court of Amsterdam handed down its ruling in a…