Download UK-planned exception

Text and data mining for
non-commercial research: the UK’s
planned exception to copyright
UK Government
22 April 2013, Brussels
Importance of Copyright
• The copyright system is an important part of the UK’s social
and economic infrastructure
• Copyright is key to the business model of many businesses
• This system supports world-class content industries, which
together make up around 3% of the UK’s economy and
contributes to the UK’s wealth, export performance and
cultural significance on the world stage
• Consumers have gained from greater choice and availability of
content services
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Background to the proposal
November 2010: UK Prime Minister commissioned an
independent review of Intellectual Property and Growth, led
by Professor Ian Hargreaves.
November – May 2010: the Hargreaves Review gathers evidence
and meets a wide range of stakeholders
May 2011: the Review delivers its report to UK Ministers.
Recommendations include:
- a Digital Copyright Exchange to improve licensing for
copyright works
- a UK-level exception to copyright to support use of text and
data mining for non-commercial research
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Why consider an exception to copyright for these new
technologies?
• Text and data mining technologies do not appear to be well
supported by the current UK implementation of the research
exception, which was established before the technologies
became widely available
• Not clear how the technologies are treated within other
states, UK Government focused on domestic action
• Using technologies to find new relationships between facts
does not undermine the primary market for access to
research works
• Text and data mining have the potential to deliver significant
public benefits in terms of increased research at lower cost
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Consultation
August 2011: UK Government responds to Hargreaves Review,
agreeing to its recommendations
December 2011: UK Government launches consultation on this
and a number of other proposals to update the UK copyright
framework
December 2012: UK Government publishes “Modernising
Copyright: A modern, robust and flexible framework”,
confirms the UK Government will legislate to create an
exception to copyright to support text and data mining for
non-commercial research in the UK
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Why UK research organisations believe an exception to
copyright is appropriate
• Researchers want to use text and data mining technologies to
read works to which they already have legitimate access, for
instance by paid subscription
• Copyright was not established to limit the use of technology to
read works, and it should not be extended to do that
• Copyright has traditionally focused on restricting uses of
expressions, not of facts
• It is not necessary to restrict text and data mining in order to
incentivise creation of further works, and liberalising the use of
text and data mining can ultimately produce more new
research works
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UK Government commitment
• The Government proposes to amend the UK Copyright,
Designs and Patents Act 1988 Act so that it is not an
infringement of copyright for a person who already has a right
to access a work (whether under a licence or otherwise) to
copy the work as part of a technological process of analysis
and synthesis of the content of the work for the sole purpose
of non-commercial research.
• This will enable key research without undermining publishers’
control over IT systems or commercial exploitation.
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Safeguards
• The exception will not prevent a publisher from applying
technological measures on their networks in order to
maintain security or stability
• The exception does not prevent publishers from offering
additional services
• The exception will not allow redistribution of the primary
works, or substantial parts of those, which would remain
restricted by copyright
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Next steps
• UK Government will publish draft regulations for technical
review in the near future
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