ALLEA publishes statement on “The Text and Data Mining Exception”

ALLEA calls, in a statement published on 15 November 2017, for a broader exception for Text and Data Mining (TDM) in the proposed Directive on copyright in the Digital Single Market. The position, prepared by the ALLEA Permanent Working Group Intellectual Property Rights, responds to a European Commission Directive on copyright in the Digital Single Market, currently under trilogue discussion between the European Council, the European Parliament and the European Commission and which will be voted on by the European Parliament at the end of November.

The paper, titled “The Text and Data Mining Exception and the Enhancement of Access to Scientific Information in Europe”, states that while Article 3 of the Directive provides a mandatory exception to copyright and database right allowing for TDM, the proposed exception is still “too narrowly defined”, according to the expert group. The current proposed legislation would not apply (i) when the results are used for publication, (ii) to independent researchers unaffiliated with research organisations, (iii) to information providers or journalists, and (iv) to private foundations or for-profit entities involved in joint research projects.

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