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 2 December 2019, Communia published the Guidelines for the implementation of the DSM Directive. Ariadna Matas and Paul Keller have produced a Guide to Articles 8 through 11 of the DSM Directive, which govern the use, digitalisation and making available online of Out of Commerce Works (OOCWs) by Cultural Heritage Institutions (CHIs).
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.
Yesterday Communia released the guidelines for implementation of the Directive on copyright and related rights in the digital single market (DSM directive). These guidelines explain different provisions of the new DSM Directive and make suggestions on what to advocate for during the implementation process of those provisions in the EU Member States.
The “Neues Museum” in Berlin keeps amongst its collection of ancient Egypt works a more than 3000 years old bust of Nefertiti, the wife of pharaoh Amenophis IV. Recently, the museum has scanned the statue with the help of 3D technology and recreated a digital copy. This replica was then made available under the terms of Creative Commons BY-NC-SA licence. This means that the rights have to be attributed to the museum, the work can be used for non-commercial purposes only and that it has to be shared under the same licence. Is this permitted?