In this first of our series of briefings on the DSM Directive,
we look at the two new mandatory exceptions to copyright for text
and data mining.
Directive (EU) 2019/790 on Copyright in the Digital Single
Market (the "DSM Directive") was agreed
at EU level on 17 April 2019 and is due to be transposed into
national law by Member States by 7 June 2021. Companies engaged in
the exploitation of copyright works should therefore be considering
the upcoming changes to copyright law.
In this briefing we look at the two new mandatory exceptions to
copyright for text and data mining
("TDM"). These exceptions, which are
contained in Articles 3 and 4 of the DSM Directive, will need to be
carefully navigated by users of TDM and by rightholders, as they
are narrowly framed and will likely give rise to legal debate as to
their precise limits.
