Text and Data Mining in the Proposed Copyright Reform: Making the EU Ready for an Age of Big Data?

48 IIC - International Review of Intellectual Property and Competition Law (2018)

Posted: 26 Oct 2018

See all articles by Christophe Geiger

Christophe Geiger

Luiss Guido Carli University

Giancarlo Frosio

Queen's University Belfast - School of Law

Oleksandr Bulayenko

Université de Strasbourg - CEIPI; Institute of Information Law (IViR)

Date Written: July 5, 2018

Abstract

This opinion aims at examining the Text and Data Mining (TDM) process and its legal aspects in the context of the Commission’s proposal for a Directive on Copyright in the Digital Single Market, which introduces in its Art. 3 a mandatory exception to copyright allowing for the carrying out of text and data mining of protected works. The discussion starts with the examination of several critical questions. At which stage of the TDM process are intellectual property rights affected? Do already existing exceptions and limitations apply to some TDM activities and techniques? What are the problems faced by researchers in applying them? This paper then considers the potential of a new mandatory TDM exception to drive innovation in the EU. The advantages of introducing an ‘‘open clause’’ on top of an enumerated list of exceptions to address some of the related problems are also reviewed. The study provides an in-depth analysis of the Commission’s Proposal, assesses its positive and negative impacts, and provides some suggestions for possible improvements. It concludes by recommending a more ambitious reform with regard to TDM in order to get the EU into shape for the age of Big Data.

Keywords: copyright, TDM, text, data mining, reform, EU, European law

Suggested Citation

Geiger, Christophe and Frosio, Giancarlo and Bulayenko, Oleksandr, Text and Data Mining in the Proposed Copyright Reform: Making the EU Ready for an Age of Big Data? (July 5, 2018). 48 IIC - International Review of Intellectual Property and Competition Law (2018), Available at SSRN: https://ssrn.com/abstract=3260037

Christophe Geiger

Luiss Guido Carli University ( email )

Department of Law, Via Parenzo, 11
Rome, Roma 00198
Italy

HOME PAGE: http://giurisprudenza.luiss.it/docenti/cv/353993

Giancarlo Frosio (Contact Author)

Queen's University Belfast - School of Law ( email )

Main Site Tower, Queen's University Belfast
Belfast, BT7 1NN
United Kingdom

Oleksandr Bulayenko

Université de Strasbourg - CEIPI ( email )

7 rue de l'Ecarlate
CS 20024
Strasbourg, 67082
France

HOME PAGE: http://www.ceipi.edu

Institute of Information Law (IViR)

Rokin 84
Amsterdam, 1012 KX
Netherlands

HOME PAGE: http://https://www.ivir.nl/

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