Research On Fair Use Of Behavior Using Text And Data Mining Technology

With the advent of the digital age,text and data mining is more and more used in practice.There are different views on whether TDM can be included in fair use and their restrictions.TDM is a collection of all automatic technologies.It roughly includes acquisition,conversion,storage extraction,analysis and output.In the process,it often involves copying of a large number of materials.TDM is not limited to temporary copyingand private copying.Therefore,new research is urgently needed.The standardization of contractual license has its limitation.Therefore,TDM should beincluded in the fair use system as a result of the balance of interests and justification.In addition to the Three-step Test and the Four-factor Detection Method,the restrictions are alsobased on the subject,material,purposeand behavior.In practice,fair use should be promoted and the balance of interests should be taken as the most basic judging criteria.The subject of TDM should be extended to more than research organization.For the material,the lawful access should be promoted.For the purpose of TDM,it should be transformative.Promoting the fair use system of TDM in China is following the trend.Therefore,we should pay attention to TDM.