New Copyright Exception for Text and Data Mining for Scientific Research Purposes –- a Pyrrhic Victory for Open Science?

For over a decade, the European scientific community has been battling for redefining the copyright framework to make it more adapted for data-intensive research. In an effort to address this issue, EU Directive 2019/790 on copyright in the Digital Single Market introduced an exception for Text and Data Mining (TDM) for the purposes of scientific research; the text has recently been transposed or is in the process of transposition in the national laws of EU Member States. While the new exception does facilitate TDM by research organisations, it can also be criticised for its limited list of beneficiaries, for the uncertainties surrounding data archiving and sharing, or for its unclear relation with technological protection measures that can be implemented by content owners. Perhaps most importantly, however, the exception can disincentivise open licensing of research data, a precondition of Open Science.

In this talk, the author will present the content of the new TDM exception for scientific research in the EU, discuss its potentially negative impact on Open Science and suggest institutional strategies to prevent it from materialising.