More on Articles 3 and 4 of the new DSM Directive
Yesterday, 2 December 2019 Communia launched the Guidelines for the Implementation of the DSM Directive. Ben White, LIBER and our Dr. Maja Bogataj Jančič, IPI, coauthored guidelines for Articles 3 and 4 of the DSM Directive. Article 3 and 4 introduce exceptions and limitations for text and data mining (TDM). Exceptions allow for reproduction of copyright works and other subject matter and extraction and/or re-utilization of the whole or of a substantial part of the contents of a work subject to the sui generis database right.
Article 3 provides exception for free use of works and other subject matter, including databases for scientific purposes, including most commercial ones. Such use is permitted to anyone who has lawful access to content via a cultural heritage institution, educational establishment or a research organization and the exceptions and limitations are protected against contract and technological override.
Article 4 establishes exception and limitation for use of works and other subject matter, including databases and software for any purpose, including commercial ones. Anyone who has lawful access to content and who is not prevented from data mining by contract, or if on the open web, by machine readable expressions of terms of use (robots.txt protocol) can rely on the exceptions and limitations. Just as Article 3, Article 4 protects the exceptions and limitations against contract and technological override.
Member States can adopt text and data mining exceptions that are broader in scope than Articles 3 and 4 and are still compatible with EU law. This is especially advisable in countries, where there is political willingness to become the leading force in data analytics, machine learning and AI.
For a detailed analysis, please read LIBER and Communia’s guide on Articles 3 and 4.
On 23rd of November, 2021, the European Commission has published two reports in the field of copyright, as required by Directives 2014/26/EU (CRM Directive) and 2019/790 (DSM Directive). They are supported by two studies: Study on emerging issues on collective licensing management in the digital environment, and Study on selected issues relating to the application of the CRM Directive.
A new book “Law and Artificial Intelligence: Issues of Ethics, Human Rights and Social Harm” was published (Institute of Criminology at the Faculty of law in Ljubljana, 2021), the editors of which are prof. dr. Aleš Završnik and dr. Katja Simončič. The author of one of the articles is also dr. Maja Bogataj Jančič, LL.M., LL.M., who wrote an article on the topic of whether artificial intelligence can be an author of a copyright work.
Jožef Štefan Institute is organising GO-DIP workshop series, first of them coming on November 19th, 2021 is revolving around software IP and data agreements. The GO-DIP project aims to increase the competencies of knowledge generators and intermediaries. At 15.10 dr. Maja Bogataj Jančič, LL.M., LL.M. will be lecturing in the Workshop: Development of a checklist for model digital IP agreements. Welcome!
2nd GPAI Summit will occur from 11-12 November, 2021 in Paris, France. Leading international AI experts from civil society, academia, industry and governments, including ministerial-level delegates from GPAI’s Membership, will come together for GPAI’s annual event. This public-facing event will include reporting on the ten Working Groups’ study topics, including the reporting of Data Governance Working Group (DG WG). Public conferences will be broadcasted live on GPAI’s Youtube channel. Welcome!