Text and Data Mining exception to copyright

Post Hargreaves, the gummint (specifically the Intellectual Property Office) wants to change copyright law to introduce a new exception to permit text and data mining, initially for STM publications (learned journals &c) but possibly for other content also.

But it can't because it is bound by the terms of the 2001 Copyright Directive, which lists allowable exceptions to copyright (which must also be subject to the Berne three-step test, which arguably a TDM exception could never pass).

Whether the gummint is right or wrong, that's a concrete example for you.

They're now lobbying at EU level to re-open the 2001 Directive. Unlikely to succeed for the next couple of years as Barnier is for strong copyright; but with Google on their side don't count them out (Google hates copyright).

Posted By: Old Man, May 3, 09:57:14