Kamocki, Paweł --- "The argument for ‘non-consumptive use’ in the EU: how copyright could be redefined to allow text and data mining" [2018] ELECD 1148; in Pistorius, Tana (ed), "Intellectual Property Perspectives on the Regulation of New Technologies" (Edward Elgar Publishing, 2018) 237

Book Title: Intellectual Property Perspectives on the Regulation of New Technologies

Editor(s): Pistorius, Tana

Publisher: Edward Elgar Publishing

ISBN: 9781786436375

Section: Chapter 9

Section Title: The argument for ‘non-consumptive use’ in the EU: how copyright could be redefined to allow text and data mining

Author(s): Kamocki, Paweł

Number of pages: 22

Abstract/Description:

This chapter examines the copyright implications of text and data mining (TDM). Even though raw facts are traditionally beyond the scope of copyright protection, the collection of data may be protected by both copyright (if it meets the originality criterion) and the sui generis database right (if it is sufficiently structured and meets the threshold of substantial investment), in which case both a copyright holder and a database producer can forbid the use of their datasets for mining. This general picture becomes even more complicated if we consider that some types of data (such as images or texts) can attract copyright protection on its own. This chapter argues that the non-consumptive use doctrine is a technology-neutral way to provide relief for many sorts of activities: TDM, caching, indexing, reverse engineering and various research activities. A broad, technology-neutral research exception is deemed to be an appropriate solution to the problem.