Editing Data mining (section)

==Copyright law==

===Situation in Europe===

Under [[Copyright law of the European Union|European copyright]] [[Database Directive|database law]]s, the mining of in-copyright works (such as by [[web mining]]) without the permission of the copyright owner is not legal. Where a database is pure data in Europe, it may be that there is no copyright—but database rights may exist, so data mining becomes subject to [[intellectual property]] owners' rights that are protected by the [[Database Directive]]. On the recommendation of the [[Hargreaves review]], this led to the UK government to amend its copyright law in 2014 to allow content mining as a [[Limitations and exceptions to copyright|limitation and exception]].<ref>[http://www.out-law.com/en/articles/2014/june/researchers-given-data-mining-right-under-new-uk-copyright-laws/ UK Researchers Given Data Mining Right Under New UK Copyright Laws.] {{webarchive |url=https://web.archive.org/web/20140609020315/http://www.out-law.com/en/articles/2014/june/researchers-given-data-mining-right-under-new-uk-copyright-laws/ |date=June 9, 2014 }} ''Out-Law.com.''   Retrieved 14 November 2014</ref> The UK was the second country in the world to do so after Japan, which introduced an exception in 2009 for data mining. However, due to the restriction of the [[Information Society Directive]] (2001), the UK exception only allows content mining for non-commercial purposes. UK copyright law also does not allow this provision to be overridden by contractual terms and conditions.
Since 2020 also Switzerland has been regulating data mining by allowing it in the research field under certain conditions laid down by art. 24d of the Swiss Copyright Act. This new article entered into force on 1 April 2020.<ref>{{Cite web|url=https://www.fedlex.admin.ch/eli/cc/1993/1798_1798_1798/en#art_24_d|title=Fedlex|access-date=2021-12-16|archive-date=2021-12-16|archive-url=https://web.archive.org/web/20211216160549/https://www.fedlex.admin.ch/eli/cc/1993/1798_1798_1798/en#art_24_d|url-status=live}}</ref>

The [[European Commission]] facilitated stakeholder discussion on text and data mining in 2013, under the title of Licences for Europe.<ref>{{cite web|title=Licences for Europe – Structured Stakeholder Dialogue 2013|url=http://ec.europa.eu/licences-for-europe-dialogue/en/content/about-site|website=European Commission|access-date=14 November 2014|archive-date=23 March 2013|archive-url=https://web.archive.org/web/20130323003854/http://ec.europa.eu/licences-for-europe-dialogue/en/content/about-site|url-status=live}}</ref> The focus on the solution to this legal issue, such as licensing rather than limitations and exceptions, led to representatives of universities, researchers, libraries, civil society groups and [[open access]] publishers to leave the stakeholder dialogue in May 2013.<ref>{{cite web|title=Text and Data Mining:Its importance and the need for change in Europe|url=http://libereurope.eu/news/text-and-data-mining-its-importance-and-the-need-for-change-in-europe/|website=Association of European Research Libraries|access-date=14 November 2014|archive-date=29 November 2014|archive-url=https://web.archive.org/web/20141129021244/http://libereurope.eu/news/text-and-data-mining-its-importance-and-the-need-for-change-in-europe/|url-status=dead}}</ref>

===Situation in the United States===

[[US copyright law]], and in particular its provision for [[fair use]], upholds the legality of content mining in America, and other fair use countries such as Israel, Taiwan and South Korea. As content mining is transformative, that is it does not supplant the original work, it is viewed as being lawful under fair use. For example, as part of the [[Google Book Search Settlement Agreement|Google Book settlement]] the presiding judge on the case ruled that Google's digitization project of in-copyright books was lawful, in part because of the transformative uses that the digitization project displayed—one being text and data mining.<ref>{{cite web|title=Judge grants summary judgment in favor of Google Books – a fair use victory|url=http://www.lexology.com/library/detail.aspx?g=a18c5b92-5a20-4d1d-a098-a3095046a88e|website=Lexology.com|date=19 November 2013|publisher=Antonelli Law Ltd|access-date=14 November 2014|archive-date=29 November 2014|archive-url=https://web.archive.org/web/20141129011031/http://www.lexology.com/library/detail.aspx?g=a18c5b92-5a20-4d1d-a098-a3095046a88e|url-status=live}}</ref>