by Lucie Guibault, Associate Professor, Institute for Information Law, University of Amsterdam

1. Legal Perspective
Horizon 2020
Coordination and Support Action
GARRI-3-2014 Scientific Information in the Digital Age: Text and Data Mining (TDM)
Project number: 665940
Legal Perspective
FutureTDM
Reducing Barriers and Increasing Uptake of Text and Data Mining for Research Environments
using a Collaborative Knowledge and Open Information Approach
FTDM workshop/Brussels
27 september 2016

2. Legal Perspective
2
 Unclarity of applicable rules
 Is TDM covered by copyright at all? Should it?
 Restrictiveness of existing copyright exceptions
 Most research exceptions too narrow
 Cross-border differences in the law
Current statutory framework & TDM

3. Legal Perspective
 Open Access material freely minable
 Not all minable material licensed under OA:
 Some under strict licence/ TDM forbidden;
 Some through API/ TDM limited;
 Some without a licence/ TDM unknown;
 Problems of interoperability of licences
Licensing practices & TDM

4. Legal Perspective
EU Reform: Scope of exception for TDM
 Beneficiary?
 ‘Research Organisation’ – other, like ‘lawful user’?
 Purpose of use?
 Commercial/ non-commercial research?
 Minable material?
 Unrestricted? Or ‘only those associated with scientific
publication’?