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Presentation by Lucie Guilault (UvA) from the 'Prefect Swell' workshop on text and data mining on the 27th of September 2013
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Legal aspects of text and data mining
Lucie Guibault
British Library, 27 September 2013
Institute for Information Law
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Overview
Copyright
Protectable subject matter
Scope of protection Sui generis Database right
Protectable subject matter
Scope of protection IPRs and TDM - Current debates
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Problem?
TDM involves access to and usage of articles and data in bulk which may infringe IP rights
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Copyright
Subject matter of protection
Compilations protected if selection and
arrangement of content is original – ‘author’s
own intellectual creation’
Individual works protected if original Articles, music, video’s etc.
No protection for facts, ideas etc.
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Copyright
Economic rights
Right of reproduction Any temporary or permanent reproduction by any
means and in any form
Right of communication to the public Broadcasting, making available
Moral rights
Paternity & Integrity
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Copyright
Duration of protection: 70 years p.m. auctoris
Compilation vs. content Exceptions and Limitations
Incidental and transient reproductions
Quotations
Educational and research use
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Sui generis Database right
Subject matter of protection
‘database which shows that there has been qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents to prevent extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database’.
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Sui generis Database right
Right of extractionThe permanent or temporary transfer of all or a substantial part of the contents of a database to another medium by any means or in any form
Right of re-utilizationAny form of making available to the public all or a substantial part of the contents of a database by the distribution of copies, by renting, by on-line or other forms of transmission.
Repeated and systematic extraction and/or re-utilization of insubstantial parts of the contents
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Sui generis Database right
No incidental and transient copying exception No quotation exception But an educational use exception
(b) in the case of extraction for the purposes of illustration
for teaching or scientific research, as long as the source is
indicated and to the extent justified by the non-commercial
purpose to be achieved;
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Impact of IPRs on Text and Data Mining
Rights most probably subsist in database and/or content
Exceptions and limitations hardly applicable Scientific Publishers claim copyright and database
protection on the content of their database Result:
TDM not allowed without prior authorization from
rights holder!!!
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QUESTION?
Should TDM be subject to the authorization of the rights holder?
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A possible exception?
From a normative perspective: not all technically possible reproductions should be considered copyright relevant acts
TDM for non-commercial research purposes does not encroach upon the normal exploitation of the work
TDM for non-commercial research purposes does not unreasonably prejudice the legitimate interests of the rights holders
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Building in safeguards
An exception would not prevent a publisher from:
applying technological measures on their
networks in order to maintain security or stability
offering additional services An exception would not allow redistribution of the
primary works, or substantial parts of those, which would remain restricted by copyright
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