Date: Thursday 28 October 2021
Time: 14:00 - 16:00 (CEST)
Venue: CLARIN virtual Zoom meeting
A full overview of the Café sessions scheduled can be found on the CLARIN Café page.
Language researchers have to deal with a number of legal topics in order to make sure their research does not violate the rights of other stakeholders. One of the most important topics in this context is copyright legislation. The Directive on Copyright in the Digital Single Market (the DSM Directive) was therefore awaited with great interest by the CLARIN community. It contains several provisions that can impact language resources and research infrastructures, including – probably most importantly – statutory exceptions for Text and Data Mining (TDM). The ‘right to mine’, i.e. the possibility to analyse copyright-protected material using digital methods without having to ask right holders for permission (and, usually, pay for it), is something that the scientific community in general, and the CLARIN community in particular, fought for for over a decade. The relevant articles of the DSM Directive are a product of many years of legislative developments, with national exceptions adopted in the UK, France and Germany (in 2014, 2016 and 2017, respectively), with limited success. The proponents of broad TDM exceptions often highlighted that, compared to their US counterparts, who are free to mine copyright-protected content under the flexible 'fair use' doctrine, European researchers were put at a serious disadvantage.
Today, many EU countries have already transposed the DSM Directive in their national legal systems; in other countries the transposition is still ongoing, which is understandable in the socio-economic context shaped by the COVID-19 pandemic. It is therefore timely to discuss whether the TDM exceptions in the DSM Directive meet the expectations of the language research community.
In this edition of the CLARIN Café, organised by the CLARIN Committee on Legal and Ethical Issues, legal experts and seasoned practitioners from the CLARIN community will explain the content of the TDM exceptions, try to provide insights into their rationale, and analyse their impact on language resources and research infrastructures.
Together with our audience, we will try to answer the question of whether we are really witnessing ‘the end of history’ when it comes to intellectual property issues in language research.