Research On The Transformative Use Of Text And Data Mining

Undoubtedly,data is a strategic resource in the era of big data.As one of the useful tools to deal with big data,text and data mining can copy a large number of text information,discover the hidden data rules,reconstruct valuable data and express it in a visual form.At present,text and data mining(TDM)has been widely used in many fields.However,TDM inevitably involves the use of copyright-protected text materials,and there is a legal risk of copyright infringement.Moreover,the fair use and copyright license agreement can not completely solve this problem.Transformative use is the product of American judicial practice in recent years,which to a certain extent removes the legal obstacles of copyright law to the development of new technologies such as TDM.Combined with the legislation and judicature of China,the dissertation analyzes the applicable space of introducing transformative use into TDM in China.On the one hand,the application of transformative use of TDM in China conforms to the principle of balance of interests in the Copyright Law and conforms to the trend of technological development.On the other hand,the legislative trend of fair use of open enumeration in China,the introduction of American four-element judgment rules by the Supreme Court,and the judicial attempt of the court to apply transformative use have laid a foundation for the introduction of transformative use in TDM in China.Based on the above analysis,through analyzing several typical cases such as the Hathi Trust case,the dissertation summarizes the transformational characteristics of TDM and the experience of transformative use in American TDM.Basing the situation of China,the dissertation holds that there are three footholds for the application of transformative use in TDM.First,it should be based on the premise of exhaustion of the use of works stipulated in the exceptions to rights restrictions in China’s Copyright Law.Second,the court should pay attention to the transformation of the behavioral purpose and function of TDM when introducing transformative use.Third,improve a stable and operable case guidance system to provide guidance for courts at all levels to accurately apply transformative use.The flexibility and adaptability of transformative use can cope with the new exceptions brought by technological improvement,resolve the legal crisis faced by TDM,and improve the fair use system in China.Moreover,transformative use can encourage the development of TDM applications with new purposes,new functions and new values,and promote the prosperity and development of digital economy industry.