Position Statement of the Max Planck Institute for Innovation and Competition on the Proposed Modernisation of European Copyright Rules Part B Exceptions and Limitations (Art. 3 – Text and Data Mining)

11 Pages Posted: 20 Jan 2017  

Reto Hilty

Max Planck Institute for Innovation and Competition; University of Zurich; Ludwig Maximilian University of Munich

Heiko Richter

Max Planck Institute for Innovation and Competition, Students

Date Written: January 14, 2017

Abstract

In Article 3 of the “Proposal for a Directive on copyright in the Digital Single Market COM(2016) 593 final” the European Commission suggests an exception for text and data mining (TDM). While, in principle, a clear legal framework for TDM is to be welcomed, the proposed provisions are to be criticized regarding their scope and the applied regulatory method. This Position Statement develops an alternative proposal: Since TDM is to be seen as a normal use of works and other protected subject-matter, a field exemption is suggested allowing everyone to carry out TDM related to lawfully accessible works or other subject-matter. This includes the permission to extract contents of databases and to make reproductions for the sole purpose of TDM. Moreover, research organizations also need to carry out TDM regarding content to which they do not have lawful access. The proposal includes a specific provision obliging rightholders who market works or other subject-matter primarily for research purposes to provide datasets suitable for TDM only, for which they may request a reasonable payment.

Keywords: access, EU copyright, extraction, field exemption, implied license, normal use, reproduction, research organizations, text and data mining

Suggested Citation

Hilty, Reto and Richter, Heiko, Position Statement of the Max Planck Institute for Innovation and Competition on the Proposed Modernisation of European Copyright Rules Part B Exceptions and Limitations (Art. 3 – Text and Data Mining) (January 14, 2017). Max Planck Institute for Innovation & Competition Research Paper No. 17-02. Available at SSRN: https://ssrn.com/abstract=2900110 or http://dx.doi.org/10.2139/ssrn.2900110

Reto Hilty (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, 80539
Germany

HOME PAGE: http://www.ip.mpg.de

University of Zurich

Rämistrasse 74/7
Zürich, CH-8001
Switzerland

Ludwig Maximilian University of Munich

Munich, 80539
Germany

Heiko Richter

Max Planck Institute for Innovation and Competition, Students ( email )

Marstallplatz 1
München, Bayern 80539
Germany

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