Asia Pacific Law Review

(2020) 27(2) Asia Pacific Law Review 198-217

23 Pages Posted: 26 Sep 2019 Last revised: 12 Jun 2024

See all articles by Eleonora Rosati

Eleonora Rosati

Stockholm University, Faculty of Law

Date Written: September 12, 2019


Text and data mining (TDM) may be performed in a variety of fields and for different purposes. Among other things, TDM techniques may be used to 'train' Artificial Intelligence (AI), also for the purpose of AI-driven creativity. In this context, copyright restrictions might be in place, even if copies made of pre-existing content are only used internally and are instrumental to the creation of something 'new'. Recently, in the context of the Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive), the European Union (EU) legislature introduced two new mandatory exceptions for TDM. This article discusses the interplay between TDM and AI creativity by focusing, first, on the potential and technicalities of TDM and the interplay with legal restrictions. Second, it reviews the copyrightrelated issues facing TDM and the debate underlying the adoption of this new piece of EU legislation. Third, it reflects on the future of AI creativity in Europe. This article concludes that, even despite the adoption of two new mandatory TDM exceptions in the DSM Directive which are now to be transposed by individual EU Member States, copyright restrictions might continue affecting and restricting significantly the possibility of undertaking TDM activities in Europe.

Keywords: Copyright, artificial intelligence (AI), text and data mining (TDM), Europe, Directive 2019/790

Suggested Citation

Rosati, Eleonora, Asia Pacific Law Review (September 12, 2019). (2020) 27(2) Asia Pacific Law Review 198-217, Available at SSRN:

Eleonora Rosati (Contact Author)

Stockholm University, Faculty of Law ( email )

S-106 91 Stockholm

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics