Communia has started a series of blogposts aimed at presenting Teresa Nobre´s comparative analysis of the implementation of the 2019 Copyright Directive across the EU (well in 26 MS, since Poland has yet to implement the Directive). The first one of the series is the analysis of research exceptions.
The blog post discusses the implementation of the EU’s Directive on Copyright and Related Rights in the Digital Single Market (DSM Directive) at the end of 2023. The main focus is on the impact of Articles 3 and 4 of the DSM Directive, which introduced mandatory exceptions and limitations to copyright for text and data mining (TDM) for scientific research purposes and other general purposes.
The analysis reveals that most EU Member States have broadened the legal framework beyond TDM, with 19 adopting broader scientific research exceptions. Additionally, several Member States expanded sharing rights for scientific research materials and improved access to technically protected materials (TPMs) for TDM. The article also discusses the implementation of machine-readable opt-outs for TDM, with 11 Member States requiring this method. The overall assessment indicates that most Member States have enhanced their copyright frameworks for research, and is responding to the research community’s needs.
See blog here: https://communia-association.org/2024/02/05/the-post-dsm-copyright-report-research-rights/
