Author: Paul Keller
So far, the focus in the implementation discussion has been on the implementation of Article 17 and to a lesser degree Article 15 of the DSM directive. In this overview we are looking at how Member States are treating other provisions (focussing on the ones that have been covered in last year’s implementation study). This concerns the Articles 3 & 4 (Text and data mining), 5 (online educational uses), 6 (preservation by cultural heritage institutions), 8–11 (Access to out-of-commerce works and 14 (protection of the public domain).
Articles 3 & 4 on Text and Data Mining
While the exceptions allowing text and data mining (Article 3 & 4 of the DSM directive) have been among the more controversial provisions during the legislative discussions, they have garnered relatively little attention during the implementation process in the various Member States. The main reasons for this is that the language of both Article 3 (Text and data mining for the purposes of scientific research) and 4 (Exception or limitation for text and data mining) is highly descriptive, providing a clear implementation template for Member States. Given that the vast majority of Member States do not have existing exceptions relating to text and data mining, most Member States have so far opted to implement these new provisions as new stand-alone exceptions into their copyright acts.mehr lesen