Not only Russian copyright, broadcast and digital law
Preservation by cultural heritage institutions (CHIs) faces legal uncertainty in the new technological environment. As in many cases preserving works requires copying them, the societal importance of preservation is reflected in national exceptions to the reproduction right for preservation purposes, which implement an optional EU exception for “specific acts of reproduction” by certain institutional users.
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The impact of Option 4 on research organisations in relation to legal certainty and transactions costs is similar to Option 3. Differently from the other options, because of the broader scope of application of the exception, Option 4 would specifically benefit researchers in commercial companies as they would no longer need a specific licence to mine content to which they have lawful access to.
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Similar positive impact on researchers as under Option 2 as regards both legal certainty and reduction of transaction costs, as a result of the introduction of an exception harmonised at EU level. Additional positive impact as this option would remove the legal uncertainty and the grey area as regards the research projects carried out by public organisations with a possible commercial outcome, including in cooperation of these organisations with private partners (PPPs).
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Mandatory exception covering text and data mining for non-commercial scientific research purposes
Legislative intervention introducing a harmonised exception would increase legal certainty and reduce rights clearance costs. Researchers would be able to mine scientific publications subscribed to by their institution in full legal certainty as long as this is done for non-commercial scientific research. In addition, transaction costs for public interest research organisations could be considerably reduced.
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Fostering industry self-regulation initiatives without changes to EU legal framework
Public interest research organisations could potentially benefit from more legal certainty as a result of a convergent industry approach to TDM fostered by the Commission through structured stakeholder dialogues. This could also limit to some extent the right-clearance costs. However, the effectiveness of this option is largely dependent on the willingness of the different parties to reach mutually satisfactory solutions.
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Text and Data Mining (TDM) is a term commonly used to describe the automated processing (“machine reading”) of large volumes of text and data to uncover new knowledge or insights. TDM can be a powerful scientific research tool to analyse big corpuses of text and data such as scientific publications or research datasets. Copyright issues contribute to the slow development of TDM in EU research.
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Mandatory exception for digital uses for the purpose of illustration for teaching, including across borders
Option 2 would bring a high degree of legal certainty to educational establishments and teachers across all MS. This could lead in the short term to an increased use of illustrative resources and an enriched learning environment for students. The actual impacts on education institutions would vary between MS, depending on how the optional teaching exception has been implemented so far and on the licensing mechanisms in place.
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Baseline
No policy intervention. In MS where digital uses are not clearly allowed under the national teaching exception, this option would consist in relying on market developments (e.g. further development of collective licensing schemes, publishers’ digital offers) to offer solutions that allow teachers and students to use protected content in teaching activities supported by digital tools or taking place online. At the same time, certain MS could decide to amend their national exceptions – based on the optional teaching exception in Article 5(3)a of the InfoSoc Directive, which allows digital uses – to clarify the extent to which certain digital uses are covered in their MS.
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