“…46 Given that certain uses in TDM may not be subject to copyright laws, GenAI models researchers and developers may not need to worry about any copyright and related rights issues. 47 As it has been argued by Geiger, Frosio and Bulayenko: 48 this activity [TDM] is outside the scope of exclusive rights and that any restriction would amount to undermine the underlying rationales of copyright protection and result in an inadmissible restriction of freedom of expression and information as protected by e.g. the European Court of Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union.…”
Section: Can Big Data Be Protected By Copyright and Related Rights?mentioning
confidence: 99%
“…Second, the Directive focuses on harmonizing the legislation of the Member States through a mandatory solution, in which a unified framework for TDM activities under the EU CDSM Directive will accelerate innovation by encouraging EU-wide, coordinated, bigger research programs. 72 However, the new reform continues to have negative consequences. 73 This section will include notable scholars' remarks, responses, and criticisms.…”
Section: The New Tdm Exceptions: Analysis Responses and Critiques Fro...mentioning
confidence: 99%
“…82 Higher prices, TDM fees, and the availability of the resource for licensing may result in lower quality and/or quantity of TDM. 83 To summarize, the new TDM exceptions regime has severe flaws: as Quintais points out, the scope of the articles is too narrow and "this regime will probably not lead to simplification and harmonization of the system of exceptions in EU copyright law, as it continues to allow significant cherry-picking by the Member States." 84 The Article's emphasis on "reproduction and extraction" has been seen as potentially problematic for communicating TDM outcomes, especially for GenAI models that work with Natural Language Processing (NLP) such as ChatGPT-4, which is trained on a variety of copyright-protected data sets (i.e., texts) and potentially involves reproduction in part, those models cannot be distributed or communicated publicly since reproducing a work, as little as 11 consecutive words, could be protected by copyright.…”
Section: The New Tdm Exceptions: Analysis Responses and Critiques Fro...mentioning
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.
“…46 Given that certain uses in TDM may not be subject to copyright laws, GenAI models researchers and developers may not need to worry about any copyright and related rights issues. 47 As it has been argued by Geiger, Frosio and Bulayenko: 48 this activity [TDM] is outside the scope of exclusive rights and that any restriction would amount to undermine the underlying rationales of copyright protection and result in an inadmissible restriction of freedom of expression and information as protected by e.g. the European Court of Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union.…”
Section: Can Big Data Be Protected By Copyright and Related Rights?mentioning
confidence: 99%
“…Second, the Directive focuses on harmonizing the legislation of the Member States through a mandatory solution, in which a unified framework for TDM activities under the EU CDSM Directive will accelerate innovation by encouraging EU-wide, coordinated, bigger research programs. 72 However, the new reform continues to have negative consequences. 73 This section will include notable scholars' remarks, responses, and criticisms.…”
Section: The New Tdm Exceptions: Analysis Responses and Critiques Fro...mentioning
confidence: 99%
“…82 Higher prices, TDM fees, and the availability of the resource for licensing may result in lower quality and/or quantity of TDM. 83 To summarize, the new TDM exceptions regime has severe flaws: as Quintais points out, the scope of the articles is too narrow and "this regime will probably not lead to simplification and harmonization of the system of exceptions in EU copyright law, as it continues to allow significant cherry-picking by the Member States." 84 The Article's emphasis on "reproduction and extraction" has been seen as potentially problematic for communicating TDM outcomes, especially for GenAI models that work with Natural Language Processing (NLP) such as ChatGPT-4, which is trained on a variety of copyright-protected data sets (i.e., texts) and potentially involves reproduction in part, those models cannot be distributed or communicated publicly since reproducing a work, as little as 11 consecutive words, could be protected by copyright.…”
Section: The New Tdm Exceptions: Analysis Responses and Critiques Fro...mentioning
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.
“…3 Vease Flynn et al (2020); también, Flynn et al (2021). En Europa ver Geiger et al(2018a); Hugenholtz (2019); Quintais (2020); para TDM en los Estados Unidos ver Sag (2019); Sag (2009); Carroll (2019); ver en forma general Okediji (2017); Litman (1994).…”
Section: Introductionunclassified
“…323-343. e-ISSN: riales a los que se accede legalmente. Finalmente, las disposiciones contractuales creadas por los titulares de derechos no pueden anular los usos no comerciales garantizados en el artículo(Geiger et al, 2018a). Sin embargo, las dos excepciones no son igualmente sólidas, ya que el uso comercial del artículo 4 puede estar restringido por acuerdos privados(Hugenholtz, 2019), como veremos en la sección siguiente.…”
Existe una creciente atención y discusión sobre cómo las leyes nacionales o los acuerdos internacionales deberían permitir o impedir el derecho fundamental a la investigación por medio de la minería de textos y datos, y la inteligencia artificial. Este artículo examina cómo las leyes de derechos de autor están empezando a regular la materia. Las más recientes modificaciones legislativas comprenden la inclusión de nuevas excepciones y limitaciones en las normas de reproducción, almacenamiento, y comunicación pública de las obras.El análisis indica que las normas aprobadas o utilizadas para regular la minería de textos y datos (TDM) varían en su contenido y objetivo de un país a otro, lo que empieza a generar un entorno internacional variado, inadecuado e incompatible para el desarrollo de proyectos de investigación basados en minería de textos y datos e inteligencia artificial. Este artículo concluye con reflexiones centradas en el derecho a la investigación, la inteligencia artificial, la minería de textos y datos, y la creación de nuevas limitaciones y excepciones en las leyes de derechos de autor.
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