ABSTRACT
The Copyright in the Digital Single Market Directive introduced two text and data mining exceptions (Articles 3 and 4). This paper explores the need for, and the rationale of, these new Articles, as well as critiques thereof and potential alternatives. It proposes that an exception based on non-enjoyment should instead be introduced, which would also be well-aligned with continental copyright approaches and the philosophical tenets underlying the field. It offers a short case study on text and data mining during the COVID-19 pandemic to illustrate the relevance of the discussion.
Kollár, Péter, Mind if I Mine? A Study on the Justification and Sufficiency of Text and Data Mining Exceptions in the European Union (July 1, 2021).
First posted 2022-01-26 18:00:08
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