Latest leak on EU copyright reforms including TDM and its scope – commercial included.

Statewatch is a non-profit organisation founded in 1991 that monitors the state and civil liberties in the European Union.

Yesterday evening, it released the following tweet:-

The document itself (PDF) is 182 pages in length and the section relating to text and data mining (TDM) can be found in pages 93 – 108.

INTRO

4.3. TEXT AND DATA MINING
4.3.1. What is the problem and why is it a problem?
Problem: Researchers are faced with legal uncertainty with regard to whether and under which conditions they can carry out TDM on content they have lawful access to.
Description of the problem: Text and Data Mining (TDM) is a term commonly used to
describe the automated processing (“machine reading”) of large volumes of text and data to uncover new knowledge or insights. TDM can be a powerful scientific research tool to analyse big corpuses of text and data such as scientific publications or research datasets.

Continued

It has been calculated that the overall amount of scientific papers published worldwide may be increasing by 8 to 9% every year and doubling every 9 years. In some instances,more than 90% of research libraries’ collections in the EU are composed of digital content. This trend is bound to continue; however, without intervention at EU level, the legal uncertainty and fragmentation surrounding the use of TDM, notably by research organisations, will persist. Market developments, in particular the fact that publishers may increasingly include TDM in subscription licences and develop model clauses and practical tools (such as the Cross-Ref text and data mining service), including as a result of the commitments taken in the 2013 Licences for Europe process to facilitate it may partly mitigate the problem. However, fragmentation of the Single Market is likely to increase over time as a result of MS adopting TDM exceptions at national level which could be based on different conditions.

Four options are suggested on TDM reform.

Option 1 – Fostering industry self-regulation initiatives without changes to the EU legal framework.

Option 2 – Mandatory exception covering text and data mining for non-commercial scientific research purposes.

Option 3 – Mandatory exception applicable to public interest research organisations covering text and data mining for the purposes of both non-commercial and commercial scientific research.

Option 4 – Mandatory exception applicable to anybody who has lawful access (including both public interest research organisations and businesses) covering text and data mining for any scientific research purposes.

The  recommendation is for option 3 which allows Public Interest Research Organisations (Universities and research institutes) to mine for Non-Commercial AND Commercial purposes. This appears mainly to support industrially funded research.  On the whole it seems to be slight progress.

Option 3 is the preferred option. This option would create a high level of legal certainty and reduce transaction costs for researchers with a limited impact on right holders’ licensing market and limited compliance costs. In comparison, Option 1 would be significantly less effective and Option 2 would not achieve sufficient legal certainty for researchers, in particular as regards partnerships with private operators (PPPs).Option 3 allows reaching the policy objectives in a more proportionate manner than Option 4, which would entail significant foregone costs for rightholders, notably as regards licences with corporate researchers. In particular, Option 3 would intervene where there is a specific evidence of a problem (legal uncertainty for public interest organisations) without affecting the purely commercial market for TDM where intervention does not seem to be justified. In all, Option 3 has the best costs-benefits trade off as it would bring higher benefits (including in terms of reducing transaction costs) to researchers without additional foregone costs for rightholders as compared to Option 2 (Option 3 would have similar impacts on right holders but through a different legal technique i.e. scope of the exception defined through the identification of specific categories of beneficiaries rather than through the “non-commercial” purpose condition). The preferred option is also coherent with the EU open access policy and would achieve a good balance between copyright as a property right and the freedom of art and science.

Some reactions thus far via social media.

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Published by

steelgraham

Scotland's (main, but not only) #OpenScience #OpenAccess #OpenData #OpenSource #OpenKnowledge & #PatientAdvocate Loves blogging http://figshare.com/blog Glasgow, Scotland.

One thought on “Latest leak on EU copyright reforms including TDM and its scope – commercial included.”

  1. It seems like there would be an additional option instead of the non-commerical/commerical split. The EU could have a law whereby results of mining have to be published under an open license if the mining happens without the approval of the content holder.

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