Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Monday, March 6, 2017

Hilty and Richter on the Position Statement of the Max Planck Institute for Innovation and Competition on the Proposed Modernisation of European Copyright Rules Part B Exceptions and Limitations @MP_Innovation

Reto Hilty and Heiko Richter, both of the Max Planck Institute for Innovation and Competition, have published Position Statement of the Max Planck Institute for Innovation and Competition on the Proposed Modernisation of European Copyright Rules Part B Exceptions and Limitations (Art. 3 – Text and Data Mining) as the Max Planck Institute for Innovation & Competition Research Paper No. 17-02. Here is the abstract.

In Article 3 of the “Proposal for a Directive on copyright in the Digital Single Market COM(2016) 593 final” the European Commission suggests an exception for text and data mining (TDM). While, in principle, a clear legal framework for TDM is to be welcomed, the proposed provisions are to be criticized regarding their scope and the applied regulatory method. This Position Statement develops an alternative proposal: Since TDM is to be seen as a normal use of works and other protected subject-matter, a field exemption is suggested allowing everyone to carry out TDM related to lawfully accessible works or other subject-matter. This includes the permission to extract contents of databases and to make reproductions for the sole purpose of TDM. Moreover, research organizations also need to carry out TDM regarding content to which they do not have lawful access. The proposal includes a specific provision obliging rightholders who market works or other subject-matter primarily for research purposes to provide datasets suitable for TDM only, for which they may request a reasonable payment.

Download the paper from SSRN at the link.

http://lawprofessors.typepad.com/media_law_prof_blog/2017/03/hilty-and-richter-on-the-position-statement-of-the-max-planck-institute-for-innovation-and-competiti.html

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