The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market - Legal Aspects
34 Pages Posted: 11 Apr 2018 Last revised: 3 Nov 2018
Date Written: March 2, 2018
This research paper reproduces the study commissioned to CEIPI by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs (JURI-Committee). It provides an analysis of the European Commission’s Proposal to introduce in Article 3 a mandatory exception to copyright allowing to carrying out text and data mining of protected works, assesses its positive and negative impacts and provides some suggestions for possible improvements. Advantages of introducing an “open clause” in EU copyright law on top of an enumerated list of limitations and exceptions to address some of the related problems are also reviewed.
Keywords: Text and Data Mining; TDM; Proposed Directive on Copyright; Digital Single Market; Intellectual Property
JEL Classification: K11
Suggested Citation: Suggested Citation