The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market – Legal Aspects

Authors: Christophe Geiger, Giancarlo Frosio and Oleksandr Bulayenko

Abstract: This research paper reproduces the study commissioned to CEIPI by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs (JURI-Committee). It provides an analysis of the European Commission’s Proposal to introduce in Article 3 a mandatory exception to copyright allowing to carrying out text and data mining of protected works, assesses its positive and negative impacts and provides some suggestions for possible improvements. Advantages of introducing an “open clause” in EU copyright law on top of an enumerated list of limitations and exceptions to address some of the related problems are also reviewed.

Citation: Geiger, Christophe and Frosio, Giancarlo and Bulayenko, Oleksandr, The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market – Legal Aspects (March 2, 2018). Centre for International Intellectual Property Studies (CEIPI) Research Paper No. 2018-02.

Full Text on SSRN: https://ssrn.com/abstract=3160586