The Nature Of Text And Data Mining In Copyright Law

Text and Data Mining(TDM)is a unique text analysis and data processing technology in the era of big data.Due to its technical characteristics,it is involved in Text and Data Mining of copyright-related works such as text or recording and video recording.The large-scale copying of works and the uploading of fragments have brought controversy over copyright law.At present,some countries represented by Europe and the United States are based on the huge public interest brought by Text and Data Mining,and Text and Data Mining has been liberalized at the level of rational use,but some restrictive conditions are still imposed,limiting the scope of fair use to the scope of using Text and Data Mining techniques based on public interest purposes,while the nature of Text and Data Mining is not clear,there is still a rights-based license agreement model.Given the controversy caused by Text and Data Mining,it is due to new problems brought about by the emergence of new technologies.This thesis will try to use incentive analysis method from the perspective of utilitarianism to study it's nature in the Copyright law.The first part of this thesis will introduce Text and Data Mining technology,limit the article discussion object and analyze the step flow of Text and Data Mining.The main processes of Text and Data Mining technology are: preparation stage,mining stage and result expression stage.The paper analyzes its copyright risk.The second part will explore the copyright dilemma that Text and Data Mining are facing.Firstly,it will discuss the Text and Data Mining to break the current copyright rules.Then the Text and Data Mining will make the purpose of copyright law impossible.The paper concludes that the implementation of Text and Data Mining technology in accordance with the current copyright rules will result in the result of unbalanced interests.The third part compares and analyzes the current international response to Text and Data Mining behaviors.The license agreement model still does not deviate from the existing copyright specific rule framework,and will be divided into conditional models by comparing the influential Text and Data Mining system policy to whether to allow commercial use of Text and Data Mining technology.versus The conditional model is combed,and the two models are compared.The root cause of the different attitudes towards commercial use of Text and Data Mining technology is that the public interest is different.The fourth part will be the technical essence of Text and Data Mining.It analyzes the economic impact of the copyright owner and the public law value and industrial value,and demonstrates that the implementation of the technology concerns "and its major public interest" and will not bring substantial damage to the right holder.It has a copyright law.The legitimacy of the above,combined with the third part of the argument,concluded that the unconditional model is more reasonable in positioning the public interest in the big data industry;the fifth part is the focus of the discussion,this part will be based on the previous discussion on Text and Data Mining The legal nature of the clarification,as the implementation of Text and Data Mining technology does involve copyright disputes,in order to clarify the boundaries of rights and achieve the predictability of transactions,it should be characterized within the scope of copyright law,based on the text of the fourth part of this paper.And Text and Data Mining can bring huge public benefits and not to copyright owners The conclusion that the field brings substantial damage,the first part to the third part of this part starts from the rational use of the system,and discusses that Text and Data Mining should be fair use behavior.The last section of this part is the main innovation of this article,from copyright.The nature,function and other aspects of commercial use of Text and Data Mining should also be considered reasonable use,that commercial use of Text and Data Mining technology will not cause substantial damage to the right holder,but will stimulate additional investment with additional income.Bringing greater social benefits and contributing to the development of big data industry;the sixth part concludes that for China,for copyright-related disputes involving text and data mining,incentive analysis methods can be adopted in judicial decisions.The interpretation of the approach,within the scope of the existing fair use system,the commercial use of Text and Data Mining is also included in the scope of exceptions,to promote the development of China's big data industry under the "Internet +" background.