Article 4—Exception or Limitation for Text and Data Mining

2021 ◽  
pp. 60-92
Author(s):  
Eleonora Rosati
Keyword(s):  
Data Mining ◽  
Cultural Heritage ◽  
Subject Matter ◽  
Digital Technologies ◽  
Internal Market ◽  
Member States ◽  
Exceptions And Limitations ◽  
Fair Balance ◽  
Text And Data Mining ◽  
Copyright Directive

This chapter focuses on Article 4 of Directive 2019/790, the European copyright directive, which require Member States to provide for an exception or limitation for reproductions and extractions of works and other subject matter for the purposes of text and data mining. It talks about digital technologies that permit new types of uses that are not clearly covered by the existing Union rules on exceptions and limitations in the fields of research, innovation, education, and preservation of cultural heritage. It also describes the optional nature of exceptions and limitations that could negatively impact the functioning of the internal market. The chapter discusses the exceptions and limitations provided in Directive 2019/790 that seek to achieve a fair balance between the rights and interests of authors, other rightholders, and users. It clarifies that text and data mining can be carried out in relation to mere facts or data that are not protected by copyright.

Article 3—Text and Data Mining for the Purposes of Scientific Research

2021 ◽  
pp. 25-59
Author(s):  
Eleonora Rosati
Keyword(s):  
Data Mining ◽  
Best Practices ◽  
Cultural Heritage ◽  
Subject Matter ◽  
Scientific Research ◽  
Single Market ◽  
Member States ◽  
Research Organisations ◽  
Text And Data Mining ◽  
Copyright Directive

This chapter focuses on the laws about text and data mining for scientific researchstipulated under Article 3 of the Directive 2019/790 or copyright directive of the Digital Single Market in Europe. It examines the legislation that require Member States to provide an exception for reproductions and extractions made by research organisations and cultural heritage institutions on text and data mining of works or other subject matter for the purposes of scientific research. It also stresses that copies of works or other subject matter on text and data mining will be stored with an appropriate level of security and retained for the purposes of scientific research. The chapter talks about rightholders, which are allowed to apply measures to ensure the security and integrity of the networks and databases. It mentions Member States that encourage rightholders, research organisations, and cultural heritage institutions to define commonly agreed best practices concerning the application of the obligation and measures on text and data mining.

Article 18—Principle of Appropriate and Proportionate Remuneration

2021 ◽  
pp. 360-367
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
End User ◽  
Member States ◽  
Rights And Interests ◽  
To Receive ◽  
Fair Balance ◽  
Copyright Directive

This discusses Article 18 of the European copyright directive, Directive 2019/790, which sets forth the principle of appropriate and proportionate remuneration. It instructs Member States to ensure that authors and performers are entitled to receive appropriate and proportionate remuneration their exclusive rights are licensed or transferred for the exploitation of their works or other subject matter. It also highlights the liberty of Member States to use different mechanisms and take into account the principle of contractual freedom and a fair balance of rights and interests. The chapter clarifies that authors and performers tend to be in the weaker contractual position when they grant a licence or transfer their rights for the purposes of exploitation in return for remuneration. It explains how protection does not arise where the contractual counterpart acts as an end user and does not exploit the work or performance itself.

Article 5—Use of Works and Other Subject Matter in Digital and Cross-Border Teaching Activities

2021 ◽  
pp. 93-127
Author(s):  
Eleonora Rosati
Keyword(s):  
Member State ◽  
Subject Matter ◽  
Teaching Activities ◽  
Sole Purpose ◽  
Exceptions And Limitations ◽  
Fair Compensation ◽  
Electronic Environments ◽  
Article 5 ◽  
Fair Balance ◽  
Copyright Directive

This chapter analyzes Article 5 of Directive 2019/790, copyright directive of the Digital Single Market in Europe. It discusses the use of works and other subject matter for the sole purpose of illustration for teaching through secure electronic environments that occur solely in the Member State where the educational establishment is founded. It also mentions the task of Member States to provide fair compensation for rightholders for the use of their works or other subject matter. The chapter explores the exceptions and limitations outlined in Directive 2019/790, which seek to achieve a fair balance between the rights and interests of authors, other rightholders, and users. It cites the protection of technological measures established in Directive 2001/29/EC that remains essential to ensure the protection and the effective exercise of the rights granted to authors and to other rightholders under the Union law.

Article 8—Use of Out-of-commerce Works and Other Subject Matter by Cultural Heritage Institutions

2021 ◽  
pp. 158-202
Author(s):  
Eleonora Rosati
Keyword(s):  
Cultural Heritage ◽  
Subject Matter ◽  
Single Market ◽  
Equal Treatment ◽  
Communication To The Public ◽  
The Public ◽  
Collective Management ◽  
Management Organization ◽  
Copyright Directive

This chapter talks about Article 8 of Directive 2019/790, the European copyright directive in the Digital Single Market, which outlines provisions on the use of out-of-commerce works and other subject matter by cultural heritage institutions. It mentions the collective management organization that may conclude a non-exclusive licence for non-commercial purposes with a cultural heritage institution for the reproduction, distribution, and communication to the public or making available to the public of out-of-commerce works or other subject matter that are permanently in the collection of the institution. It also mentions the guarantee that all rightholders have equal treatment in relation to the terms of the licence. The chapter points out the liberty of rightholders to exclude their works or other subject matter from the licensing. It describes a work or other subject matter that is deemed to be out-of-commerce when it can be presumed that is not available to the public through customary channels of commerce.

Article 2—Definitions

2021 ◽  
pp. 23-24
Author(s):  
Eleonora Rosati
Keyword(s):  
Data Mining ◽  
Subject Matter ◽  
Scientific Research ◽  
University Research ◽  
Public Access ◽  
Educational Activities ◽  
Analytical Technique ◽  
Content Sharing ◽  
Definition Of ◽  
Text And Data Mining

This chapter provides the definition of terms covered in Article 2 of Directive 2019/790 regarding copyright in the Digital Single Market in Europe. It begins with the term 'research organisation', which means a university, research institute, or any other entity that conduct scientific research or carry out educational activities involving the conduct of scientific research. It also explains text and data mining, which is an automated analytical technique that analyses text and data in digital form in order to generate information about patterns, trends, and correlations. The chapter defines cultural heritage institution as a publicly accessible library or museum, an archive, or a film or audio heritage institution, while press publication means a collection of literary works of a journalistic nature. It describes the tasks of an online content-sharing service provider, such as providing information society service that store and give public access to a large amount of copyright-protected works or other protected subject matter uploaded by its users.

Article 22—Right of Revocation

2021 ◽  
pp. 400-407
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Single Market ◽  
Member States ◽  
Different Types ◽  
The Right ◽  
Copyright Directive

This chapter discusses Article 22 of Directive 2019/790, a European copyright directive in the Digital Single Market, which focuses on the right of revocation. It clarifies the right of the author or performer to revoke in whole or in part the licence or the transfer of rights where there is a lack of exploitation of that work or other protected subject matter. It also looks at specific provisions for the revocation mechanism in the national law that takes into account specificities of the different sectors and the different types of works and performances. The chapter cites the task of Member States to exclude works or other subject matter from the application of the revocation mechanism if such works or other subject matter usually contain contributions of a plurality of authors or performers. It explores the options of authors or performers to terminate the exclusivity of their contract instead of revoking the licence or transfer of the rights.

Article 11—Stakeholder Dialogue

2021 ◽  
pp. 215-218
Author(s):  
Eleonora Rosati
Keyword(s):  
Cultural Heritage ◽  
Subject Matter ◽  
Stakeholder Dialogue ◽  
Member States ◽  
Collective Management ◽  
Relevant Stakeholder ◽  
And Function

This chapter highlights Article 11 of the European copyright order, Directive 2019/790, concerning stakeholder dialogue. It obliges Member States to consult rightholders, collective management organisations, and cultural heritage institutions in each sector before establishing specific requirements. It also encourages regular dialogue between representative users' and rightholders' organisations, collective management organisations, and any other relevant stakeholder organisations on a sector-specific basis to foster the relevance and usability of licensing mechanisms. The chapter discusses the appropriate safeguards for all rightholders that are introduced by Directive 2019/790 for the use of out-of-commerce works or other subject matter. It also considers the licensing mechanisms established by this Directive in making sure that out-of-commerce works, or other subject matter are relevant and function properly.

Article 1—Subject Matter and Scope

2021 ◽  
pp. 16-22
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Legal Framework ◽  
Internal Market ◽  
Cross Border ◽  
Proper Functioning ◽  
Exceptions And Limitations ◽  
High Level

This chapter explains that Directive 2019/790 lays down rules harmonise the Union law applicable to copyright and related rights in the framework of the internal market, particularly digital and cross-border uses of protected content. It analyses the Directive's rules on exceptions and limitations to copyright and related rights and the facilitation of licences. It also looks at rules that aim to ensure a well-functioning marketplace for the exploitation of works and other subject matter. The chapter reviews directives that have been adopted in the area of copyright and related rights that contribute to the functioning of the internal market, provide a high level of protection for rightholders, facilitate the clearance of rights, and create a framework in which the exploitation of works and other protected subject matter can take place. It points out how a harmonised legal framework contributes to the proper functioning of the internal market, and stimulates innovation, creativity, investment and production of new content.

A Taxonomy of Training Data

2021 ◽  
pp. 221-242
Author(s):  
Benjamin Sobel
Keyword(s):  
Machine Learning ◽  
Data Mining ◽  
Routine Activities ◽  
Training Data ◽  
Positive Development ◽  
Machine Learning Applications ◽  
Exceptions And Limitations ◽  
Low Threshold ◽  
The Right ◽  
Text And Data Mining

Many machine learning applications depend on unauthorized uses of copyrighted training data. Scholars and lawmakers often articulate this problem as a deficiency in copyright’s exceptions and limitations. In fact, today’s predicament results not from inadequate exceptions to copyright, but rather from two systemic features of the regime—the absence of formalities and the low threshold of copyrightable originality—combined with technology that turns routine activities into acts of authorship. This chapter taxonomizes AI applications by their training data. Four categories emerge: (1) public-domain data, (2) licensed data, (3) market-encroaching uses of copyrighted data, and (4) non-market-encroaching uses of copyrighted data. Copyright can only regulate market-encroaching uses, but these uses comprise only a narrow subset of AI, and copyright’s remedies are ill-suited to address them. The chapter concludes with a discussion of solutions to the problems it identifies. It observes that the exception for Text and Data Mining in the European Union’s Directive on Copyright in the Digital Single Market represents a positive development because the exception addresses structural causes of AI’s copyright problems. The TDM provision styles itself as an exception, but it may be better understood as a formality: rights holders must affirmatively reserve the right to exclude materials from training datasets. Thus, the TDM exception addresses a cause of AI’s copyright dilemma. The next step for an equitable AI framework will be to transition towards rules that not only clarify that non-market-encroaching uses do not infringe copyright, but also facilitate remunerated uses of copyrighted works for market-encroaching purposes.

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