Text and Data Mining (TDM)

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)

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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)

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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)

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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)

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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)

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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…

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

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On December 9th 2015 the Commission revealed its plans for the modernisation of copyright law. The target is to adapt copyright law to technological challenges and to make it more European, digital friendly and functional in an EU digital single market. The Commission’s strategy focuses on the three key areas which have been identified by…

Database right, European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of), Text and Data Mining (TDM)

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…and they show overwhelming support for the introduction of a mandatory copyright exception for text and data mining for both commercial and non-commercial purposes. Back in September, we launched a blog poll on the potential introduction of a mandatory text and data mining exception. We asked our blog readers their views on the following statements:…

Database right, European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of), Text and Data Mining (TDM)

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In the September 3rd edition of Science∣Business, Julia Reda, German Pirate Party member of the European Parliament (MEP) sitting on the EP Justice Committee, was said to be confident that a mandatory text and data mining (TDM) deal could be introduced for researchers. This should come as music to the ears of the members of…