Data analytics (TDM)
Over the past decades, and specially over the last years, the »Big Data« phenomenon has become ubiquitous, and one of the main factors for Artificial Intelligence (AI) development and algorithm learning. This is done by big companies as well as researchers by relying on automated computer analysis of structured and unstructured digital information and its processing, so that they extract data, which is in turn transformed into different information or algorithms. This process is called data analytics.
Article 3Text and data mining for the purposes of scientific research1. Member States shall provide for an exception to the rights provided for in Article 5(a) and Article 7(1) of Directive 96/9/EC, Article 2 of Directive 2001/29/EC, and Article 15(1) of this Directive for reproductions and extractions made by research organisations and cultural heritage institutions in order to carry out, for the purposes of scientific research, text and data mining of works or other subject matter to which they have lawful access.2. Copies of works or other subject matter made in compliance with paragraph 1 shall be stored with an appropriate level of security and may be retained for the purposes of scientific research, including for the verification of research results.3. Rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective.4. Member States shall encourage rightholders, research organisations and cultural heritage institutions to define commonly agreed best practices concerning the application of the obligation and of the measures referred to in paragraphs 2 and 3 respectively.
Article 4Exception or limitation for text and data mining1. Member States shall provide for an exception or limitation to the rights provided for in Article 5(a) and Article 7(1) of Directive 96/9/EC, Article 2 of Directive 2001/29/EC, Article 4(1)(a) and (b) of Directive 2009/24/EC and Article 15(1) of this Directive for reproductions and extractions of lawfully accessible works and other subject matter for the purposes of text and data mining.2. Reproductions and extractions made pursuant to paragraph 1 may be retained for as long as is necessary for the purposes of text and data mining.3. The exception or limitation provided for in paragraph 1 shall apply on condition that the use of works and other subject matter referred to in that paragraph has not been expressly reserved by their rightholders in an appropriate manner, such as machine-readable means in the case of content made publicly available online.4. This Article shall not affect the application of Article 3 of this Directive.
- broad exceptions,
- no specific measures regarding secure storage of data,
- appropriately short response period for when TDM is technologically blocked,
- remote access to analogue materials for the purposes of TDM,
- allowing sharing of TDM outputs.
- dr. Maja Bogataj Jančič talked about TDM in her lecture »Authorship of Professional and Scientific Papers« at University of Maribor,
- dr. Maja Bogataj Jančič spoke about TDM at the online event »Ethics and human rights in AI development and use«,
- TDM was one of the topics of this year’s Open Knowledge Day 2021,
- A Call for International Action for Right to Research,
- LIBER calls for open access to knowledge during the pandemic,
- Publishers can easily block the new TDM exception,
- More on Articles 3 and 4 of the new DSM Directive,
- As part of the Another Open Knowledge Day 2019, Ben White talked about TDM at the »Copyright law for librarians« workshop.