Contribution to the French CSPLA on the text and data mining exception with a view to transpose the directive into French law in France

On 29 October 2020, EARE sent its contribution to the French High Council for Literacy and Artistic Property (CSPLA) on the text and data mining exception with a view to transpose the Directive into French law in France.

In its contribution EARE welcomed the adoption of articles 3 and 4 of Directive 2019/790, considering that they will provide much-needed clarity for all entities at the forefront of the research and innovation ecosystem in Europe.

Article 4 will be particularly useful in supporting the development and growth of artificial intelligence in the European Union. It will promote data analysis and “big data” applications, opening up new commercial opportunities for innovators in Europe.

To ensure that the transposition of articles 3 and 4 of the directive in France meets the objectives of the European institutions, EARE would like to highlight the following points, which are essential to guaranteeing efficient, secure and fair access to and use of data in Europe:

– The new exceptions created by Article 3 and 4 should expressly permit access to facilitate text and data mining.

– Strict and clear limitation to the reserved rights of content owners should be in place.

– Maintaining a sufficient level of protection for content owners should not exclude the right of beneficiaries of these exceptions to store temporary copies of work made as part of data-mining activities, for as long as it is necessary for text and data mining purposes.

To read EARE’s full contribution to the French CSPLA on the text and data mining exception with a view to transpose the directive into French law, check here.