This document discusses the legal issues around text and data mining (TDM) in relation to intellectual property rights (IPRs). It notes that TDM involves bulk access and usage of articles and data, which may infringe on copyright and database rights. Both the content of articles and databases themselves may be protected by these rights. Current exceptions for things like incidental copying and educational use do not clearly apply to TDM. As a result, rights holders claim that TDM requires prior authorization. The document argues that a tailored exception for non-commercial research TDM may be justified, as long as safeguards are in place to prevent redistribution of content.

1. Legal aspects of text and data mining
Lucie Guibault
British Library, 27 September 2013
Institute for Information Law

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3. 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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4. Problem?
TDM involves access to and usage of
articles and data in bulk which may
infringe IP rights
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5. 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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6. 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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7. 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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8. 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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9. Sui generis Database right
 Right of extraction
The 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-utilization
Any 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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10. 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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11. 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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12. QUESTION?
Should TDM be subject to the
authorization of the rights holder?
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13. 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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14. 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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15. Thank you very much!
For more information
Lucie Guibault
L.Guibault@uva.nl
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