Research On Fair Use Of Works Of Authorship In Data Mining For The Purpose Of Scientific Research

Data mining is the automated processing of digital materials in order to uncover new knowledge or insights,and is an important research tool in digital age.The key problem of the data mining issue is the conflict between public interests of science development and private interests of copyright owners under the traditional copyright law.The process of data mining includes reproduction,adaptation and so on,which would probably cause infringement if the materials mined are under copyright protection.Moreover,we could not use fair use rule to raise a plea under the current copyright law.Creating a fair use rule for data mining for the purpose of scientific research conforms to legal justice and could maximize economic efficiency.In aspect of philosophy of law,the legitimacy of fair use lies in its interest balancing function which ensures the justice of copyright law.The first reason why data mining coincides with the justice of fair use is because it ensures the freedom of scientific research and regains interests balance.In aspect of the economics of law,the legitimacy of fair use lies in its promoting the spread of knowledge and adding value by lowering transaction cost.Data mining helps increase integrated social interest and meanwhile do not impair copyright owners' interests.Thus,it is in conformity with the principle of "minimize cost,maximize efficiency",which is the second reason why it coincides with the justice of fair use.The legal scope of a fair use rule for data mining for the purpose of scientific research shall include at least threre elements:subject,purpose and ways of use.As for subject,it is inappropriate to limit research organization as the sole subject,but shall include as much creative subjects as possible.As for purpose,the scientific purpose restriction is reasonable but shall have specific limitaions with ways of use.And the non-commercial purpose shall be replaced by "not impair copyright owner's interest".As for ways of use,lawful access is the premise of fair use,and users shall not be supposed to acknowledge resources,and they should have the right to use the mining results freely.