The exception for text and data mining (TDM) in the proposed Directive on Copyright in the Digital Single Market : legal aspects : in-depth analysis

This in-depth analysis, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Legal Affairs (JURI-Committee), is a contribution to the workshop on "Text and data mining" held on 22 February 2018 in Brussels. It provides an analysis of the Commission's Proposal (which introduces in Article 3 a mandatory exception to copyright allowing to carry out text and data mining of protected works), assesses its positive and negative impacts and provides some suggestions for possible improvements. Advantages of introducing an "open clause" on top of an enumerated list of exceptions to address some of the related problems are also reviewed.