The Text and Data Mining Exception in the Proposal for a Directive on Copyright: Why the European Union Needs to Go Further than the Laws of Member States

Abstract

The European Union is currently debating the adoption of a copyright exception for text and data mining (TDM). Some member states have jumped the gun by adopting their own TDM exception. From the various possible options, the European Union should adopt the broadest possible TDM exception, to boost the international competitiveness of its knowledge economy – notably against countries with copyright laws more favourable to research and innovation such as the US or even a post-Brexit Britain.

La version française de cet article peut être consultée à: https://ssrn.com/abstract=3239374.

Keywords: copyright, exceptions, text and data mining, fouille de données, COM(2016) 593 final, Directive 2001/29, SI 2014/1372, CDPA s29A, Loi n° 2016-925, CPI article L. 122-5 10°, Brexit