Opinion of the CEIPI on the European Commission's Proposal to Reform Copyright Limitations and Exceptions in the European Union

Geiger, Christophe; Frosio, Giancarlo; Bulayenko, Oleksandr

doi:10.2139/ssrn.3053983

Cited by 3 publications

(1 citation statement)

References 13 publications

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“…80 By denying lawful access, relevant rightholders can effectively prevent certain parts of existing work, for example, from ever being subject to TDM. 81 Others have challenged the requirement of lawful access, fearing that rightholders may incorporate TDM in their pricing and further escalate overall costs. 82 Higher prices, TDM fees, and the availability of the resource for licensing may result in lower quality and/or quantity of TDM.…”

Section: The New Tdm Exceptions: Analysis Responses and Critiques Fro...mentioning

confidence: 99%

Text and data mining exceptions in the development of generative AI models: What the EU member states could learn from the Japanese “nonenjoyment” purposes?

Dermawan

2023

World Intellectual Property

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The European Union (EU) text and data mining (TDM) provisions are a progressive move, but the horizon is still uncertain for both generative artificial intelligence (GenAI) models researchers and developers. This article suggests that to drive innovation and further the commitment to the digital single market, during the national implementation, EU Member States could consider taking the Japanese broad, all‐encompassing and “nonenjoyment‐based” TDM as an example. The Japanese “nonenjoyment” purposes, however, are not foreign to the European continental view of copyright. A similar concept can be found under the German concept of “Freier Werkgenuss” or enjoyment of the work. A flexible TDM exception built upon the German notion of nonenjoyment purposes could become an opening clause to foster innovation and creativity in the age of GenAI. Moreover, the article argues that an opening clause allowing TDM with “nonenjoyment” purposes could be permissible under the so‐called three‐step test. This article further suggests, if there is no political will to safeguard “the right to read should be the right to mine” and to provide a welcoming environment for GenAI researchers and developers, when shaping the legal interpretation through national case law, the EU Member States could consider the following: (1) advocate for 72 h of response if technological protection measures (TPMs) are preventing TDM, and (2) Robot Exclusion Standard (robot.txt) as a warning when TDM is not allowed on a website. It is now in the hands of the EU Member States, whether to protect the interests of rightholders or to create a balance between safeguarding “the right to read should be the right to mine,” protecting rightholders exclusivity, and creating a supportive environment for the GenAI models researcher and developers.

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Section: The New Tdm Exceptions: Analysis Responses and Critiques Fro...mentioning

confidence: 99%

Text and data mining exceptions in the development of generative AI models: What the EU member states could learn from the Japanese “nonenjoyment” purposes?

Dermawan

2023

World Intellectual Property

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The New Mandatory Teaching Exception or Limitation (Article 5 of the CDSM Directive): Ensuring Its Application in the Digital and Cross-Border Environment(s) While Losing the Way to Harmonization?

Despotidou

2021

EU Internet Law in the Digital Single Market

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Text and Data Mining in the Proposed Copyright Reform: Making the EU Ready for an Age of Big Data?

Geiger

Frosio

Bulayenko

2018

IIC

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Opinion of the CEIPI on the European Commission's Proposal to Reform Copyright Limitations and Exceptions in the European Union

Cited by 3 publications

References 13 publications

Text and data mining exceptions in the development of generative AI models: What the EU member states could learn from the Japanese “nonenjoyment” purposes?

Text and data mining exceptions in the development of generative AI models: What the EU member states could learn from the Japanese “nonenjoyment” purposes?

The New Mandatory Teaching Exception or Limitation (Article 5 of the CDSM Directive): Ensuring Its Application in the Digital and Cross-Border Environment(s) While Losing the Way to Harmonization?

Text and Data Mining in the Proposed Copyright Reform: Making the EU Ready for an Age of Big Data?

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