<aside> 💡 For more detailed information please refer to the the full guide: Articles 3-4: Text and data mining
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Although Big Data, AI and data mining is ubiquitous in the modern world, only a few European countries have limitations and exceptions which allow these activities where clearing rights is required but not appropriate or at all proportionate. These exceptions have been introduced to support innovation in modern data markets within the European Union.
What can be done?
Reproduction of copyright works and other subject matter and extraction and/or re-utilization of the whole or of a substantial part of the contents of a work subject to the sui generis database right.
For which purposes?
Article 3
Text and data mining for scientific research purposes, including most commercial ones
Article 4
Text and data mining for any purpose, including commercial ones
What content can be used?
Article 3
Works and other subject matter, including databases but prima facie excluding software
Article 4
Works and other subject matter, including databases and software
Who can make those uses?
Article 3
Anyone who has lawful access to content via a cultural heritage institution, educational establishment or a research organization
Article 4
Anyone who has lawful access to content and who is not prevented from data mining by contract, or if on the open web, by machine readable expressions of terms of use.e.g. robots.txt protocol.
For free or paid?
Article 3
For free
Article 4
Unclear
How long can the derived data be stored?
Article 3
No limits
Article 4
As long as necessary for the purposes of text and data mining
Are the exceptions protected against contract override?
Article 3
Yes
Article 4
No
Are the exceptions protected against technological override?
Article 3
Yes
Article 4
Yes