| www.eudat.eu | v1.0, July 2014 - Where does the text data mining sit in the copyright limitations system? What is the rationale behind copyright limitations? What are the limitations in international and EU law? This module addresses such questions. Download the presentation and find out. Who is it for?: Researchers, Data Managers, General public.

1. Exponentialgrowth
Legal Issues in Research Data Collection and
Sharing: New statutory limitation for Text
Data Mining - a Pyrrhic victory?
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Exponentialgrowth
Data Mining - a Pyrrhic victory?
Part of an EUDAT series on Legal Issues www.eudat.eu
Content generated by
Pawel Kamocki, IDS Mannheim
V1.0 – July 2014

2. Table of Contents
I. Text and Data Mining (TDM)
II. TDM Copyright limitations
Where does the TDM sit in the copyright limitations system?
Classification of copyright limitations
Rationale behind copyright limitations
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III. Technical Protection Measures (TPMs)
IV. Limitations in international and EU law
V. About EUDAT
Rationale behind copyright limitations

3. I. Text and data mining (TDM)
• the idea has been around since 1950s
• first manual text mining - mid-1980s
• Hearst, Marti A. (1999), Untangling Text Data Mining:
‘In this paper, I have attempted to suggest a new emphasis: the use of large
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‘In this paper, I have attempted to suggest a new emphasis: the use of large
online text collections to discover new facts and trends about the world
itself’.
• MIT Technology Review: 10 Breakthrough technologies 2001

4. I. Text and data mining (TDM)
Hargreaves Review (2011)
…the law can block valuable new
technologies, like text and data mining,
simply because those technologies were not
imagined when the law was formed.
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imagined when the law was formed.
…there should be a change in rules to
enable scientific and other researchers to use
modern text and data mining techniques,
which copyright prohibits.

5. II. TDM Copyright limitations
New copyright exemption in the UK
1) Where a person has lawful access to a copy of a copyright work, copyright
is not infringed where that person makes a copy of the work for the purposes of
carrying out an electronic analysis of anything recorded in the work provided
that:
(a) it is done for the sole purpose of non-commercial research; and
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(a) it is done for the sole purpose of non-commercial research; and
(b) the copy is accompanied by sufficient acknowledgement (unless this
would be impossible for reasons of practicality or otherwise).
(2) Any dealing with a copy made pursuant to section (1) for a purpose other
than the purpose referred to in subsection (1) is an infringement of copyright
and where such a copy is permanently transferred to another the copy shall be
treated as an infringing copy.
(3) To the extent that the term of a contract purports to restrict or prevent the
doing of any act which would otherwise be permitted by this section, that term is
unenforceable
-s. 29A CDPA (entry into force: June 1 2014)

6. II. Where does the TDM sit in the copyright
limitations system?
originality requirement
Copyright ONLY protects
Original works
Usually 70
years after
What belongs
to the
distribution
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idea/expression dychotomy
TDM
is on the border of
the copyright system
Copyright ONLY protects
Expressions
years after
the death of
the author
distribution
chain of
copyrighted
products
20 copyright limitations… but there are few exceptions:

7. II. Classification of copyright limitations
• Statutory exemptions, e.g. citation
(authorization-free, remuneration-free)
• Statutory licenses, e.g. private copy
(authorization-free, with remuneration)
• Compulsory licenses, e.g. in anti-trust cases
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• Compulsory licenses, e.g. in anti-trust cases
(forced authorization, with remuneration)
• Mandatory collective administration, e.g. cable retransmission
(forced authorization, with remuneration)
after L. Guibault (2002), Copyright Limitations and Contracts

8. II. Rationale behind copyright limitations
• To protect constitutional rights
(freedom of speech), e.g. citation
• To regulate industry practice and
competition, e.g. press reviews
• To disseminate knowledge, e.g.
research exception
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research exception
• To respond to market failure, e.g.
cable retransmission
after L. Guibault (2002), Copyright
Limitations and Contracts

9. II. Rationale behind copyright limitations
To protect the Products for the research and educational use of Authorized Users, automated
searches against ProQuest’s systems are not permitted with the exception of
nonburdensome federated search services. Data mining is prohibited.
Linguistics and Language Behavior Abstracts (LLBA), Terms & Conditions, s. 6b
To protect the Products for the research and educational use of Authorized Users, automated
searches against ProQuest’s systems are not permitted with the exception of
nonburdensome federated search services. Data mining is prohibited.
Linguistics and Language Behavior Abstracts (LLBA), Terms & Conditions, s. 6b
Text mining access is provided to subscribers for non-commercial purposes
Access is via the ScienceDirect APIs only
Text mining output adheres to the following conditions:
Text mining access is provided to subscribers for non-commercial purposes
Access is via the ScienceDirect APIs only
Text mining output adheres to the following conditions:
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Text mining output adheres to the following conditions:
1. Output can contain "snippets" of up to 200 characters of the original text
2. Licensed as CC-BY-NC
3. Includes DOI link to original content
Elsevier ’s Terms and Conditions of Text and Data Mining
Text mining output adheres to the following conditions:
1. Output can contain "snippets" of up to 200 characters of the original text
2. Licensed as CC-BY-NC
3. Includes DOI link to original content
Elsevier ’s Terms and Conditions of Text and Data Mining
Institutional Licensees and/or Authorized Users (as defined in the JSTOR Terms and
Conditions of Service) may use Data for Research to perform research activities involving
computational analysis rather than for purposes of understanding the intellectual meaning of
such content…
JSTOR, Terms and Conditions for Use for Journals, Plants…, s. 2.3
Institutional Licensees and/or Authorized Users (as defined in the JSTOR Terms and
Conditions of Service) may use Data for Research to perform research activities involving
computational analysis rather than for purposes of understanding the intellectual meaning of
such content…
JSTOR, Terms and Conditions for Use for Journals, Plants…, s. 2.3

10. II. Rationale behind copyright limitations
To protect the Products for the research and educational use of Authorized Users, automated
searches against ProQuest’s systems are not permitted with the exception of
nonburdensome federated search services. Data mining is prohibited.
Linguistics and Language Behavior Abstracts (LLBA), Terms & Conditions, s. 6b
To protect the Products for the research and educational use of Authorized Users, automated
searches against ProQuest’s systems are not permitted with the exception of
nonburdensome federated search services. Data mining is prohibited.
Linguistics and Language Behavior Abstracts (LLBA), Terms & Conditions, s. 6b
Text mining access is provided to subscribers for non-commercial purposes
Access is via the ScienceDirect APIs only
Text mining output adheres to the following conditions:
Text mining access is provided to subscribers for non-commercial purposes
Access is via the ScienceDirect APIs only
Text mining output adheres to the following conditions:
It is possible to introduce
exceptions that are not
overridable by contracts!
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Text mining output adheres to the following conditions:
1. Output can contain "snippets" of up to 200 characters of the original text
2. Licensed as CC-BY-NC
3. Includes DOI link to original content
Elsevier ’s Terms and Conditions of Text and Data Mining
Text mining output adheres to the following conditions:
1. Output can contain "snippets" of up to 200 characters of the original text
2. Licensed as CC-BY-NC
3. Includes DOI link to original content
Elsevier ’s Terms and Conditions of Text and Data Mining
Institutional Licensees and/or Authorized Users (as defined in the JSTOR Terms and
Conditions of Service) may use Data for Research to perform research activities involving
computational analysis rather than for purposes of understanding the intellectual meaning of
such content…
JSTOR, Terms and Conditions for Use for Journals, Plants…, s. 2.3
Institutional Licensees and/or Authorized Users (as defined in the JSTOR Terms and
Conditions of Service) may use Data for Research to perform research activities involving
computational analysis rather than for purposes of understanding the intellectual meaning of
such content…
JSTOR, Terms and Conditions for Use for Journals, Plants…, s. 2.3
e.g. art 8 Database Directive;
see also: new s. 29A (3) CDPA

11. III. Technical Protection Measures (TPMs)
It is illegal to circumvent TPMs!
Member States shall provide adequate legal protection
against the circumvention of any effective technological
measures. (art. 6 Copyright Directive)
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• How does it relate to copyright limitations?
Copyright limitations are a shield, and not a sword!
In 2008 the French Court of cassation held that the private
copy exception did not entitle the users to circumvent TPMs
in order to make a private copy (Mulholland Drive case, June
19 2008)

12. IV. Limitations in international and EU law (1/4)
international conventions
It shall be a matter for legislation in the countries of the Union to permit
the reproduction of such works in certain special cases, provided that
such reproduction does not conflict with a normal exploitation of the
work and does not unreasonably prejudice the legitimate interests of the
Three-step test (Berne
Convention)
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work and does not unreasonably prejudice the legitimate interests of the
author.
-art. 9(2) of the Berne Convention on the Protection of Literary and
Artistic Works

13. IV. Limitations in international and EU law (2/4)
international conventions Three-step test (Berne
Convention)
EU law Closed list of possible limitations
in the Copyright Directive 2001
This Directive provides for an exhaustive enumeration of exceptions and limitations
-recital 32 of the Copyright Directive 2001
This Directive provides for an exhaustive enumeration of exceptions and limitations
-recital 32 of the Copyright Directive 2001
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-recital 32 of the Copyright Directive 2001
(…) use for the sole purpose of illustration for teaching or scientific research, as long
as the source, including the author's name, is indicated, unless this turns out to be
impossible and to the extent justified by the non-commercial purpose to be
achieved
-research exception in art. 5(3)(a) of the Directive
-recital 32 of the Copyright Directive 2001
(…) use for the sole purpose of illustration for teaching or scientific research, as long
as the source, including the author's name, is indicated, unless this turns out to be
impossible and to the extent justified by the non-commercial purpose to be
achieved
-research exception in art. 5(3)(a) of the Directive

14. IV. Limitations in international and EU law (3/4)
international conventions Three-step test (Berne
Convention)
EU law Closed list of possible limitations
in the Copyright Directive 2001
national law
Internal hierarchy of norms (e.g.
superiority of the Constitution)
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superiority of the Constitution)

15. IV. Limitations in international and EU law (4/4)
international conventions Three-step test (Berne
Convention)
EU law Closed list of possible limitations
in the Copyright Directive 2001
national law
Internal hierarchy of norms (e.g.
superiority of the Constitution)
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superiority of the Constitution)
Little room for new exceptions!

16. V. About EUDAT
a pan-European initiative building a sustainable cross-
disciplinary and cross-national data infrastructure
providing a set of shared services for accessing and
preserving research data
EUDAT is...
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supporting multiple research
communities by working closely
with them to deliver these technical
services as part of the EUDAT
Collaborative Data Infrastructure
(CDI)

17. V. About EUDAT
A truly pan-European Infrastructure
Research Communities
National Data Centres
Technology Providers
Offering permanence,
www.eudat.eu
general data centres
community centres representing all the associated
community data centres
Offering permanence,
persistence, reliability and
long term solutions

18. V. About EUDAT
The EUDAT services suite
www.eudat.eu

19. Contact us for more information
eudat-pmo@postit.csc.fi
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Content generated by
Pawel Kamocki, IDS Mannheim,
kamocki@ids-mannheim.de
Contact us for more information eudat-pmo@postit.csc.fi