Research On The Fair Use Of The Copyright Of Text And Data Mining (TDM)

Text and data mining is the process of discovering potential knowledge and information after automated analysis of massive data.It has become an important analytical and research tool in the digital age.At the moment when data is value,the research results of text and data mining not only represent the progress of science and technology,but also enrich the storage of existing knowledge,which will have a major impact on the development of science and cultural industry in China.However,the current legal provisions have become an obstacle to technological development,representing the public interest in scientific and technological progress and the interests of rights holders under the copyright system.Therefore,under the background of the revision of China's copyright law and the official disclosure of the EU's "Digital Single Market Directive",the inclusion of text and data mining into China's copyright exception rules has become a new topic of research,and the necessity of discussing the rational use of text and data mining,Legitimacy and the specific arrangements for the system have become an urgent problem to be solved.Starting from the concept and characteristics of "text and data mining",this paper understands the working principle of the new big data analysis and research tools,and finds that there are many kinds of copyright laws and regulations in the course of its operation,in addition to its unique "process and result transformation".Sexual characteristics provide an important basis for the justification and institutional arrangements of the following themes.The copyright legal relationship analysis of text and data mining aims to clarify whether text and data mining applications are typical infringement under the current copyright law system.The implementation of text and data mining involves multi-party entities.Each entity's own interests realize the TDM actors' analysis and use of related works and databases through copyright licensing.The rights of licensing include copying rights,adaptation rights and communication rights..Unauthorized TDM is undoubtedly a typical copyright infringement under the existing framework.In order to rebalance the interests of right holders and the public,national legislation has made corresponding adjustments.Taking the typical case as the entry point,it introduces the attitude of the US judicial practice to TDM.The "Google Library Case" and "TVEyes Case" US courts have adopted the traditional "reasonable use of four elements" and "transformation theory" comprehensive analysis.TDM constitutes a reasonable use;the United Kingdom took the lead in making legislative adjustments,clarifying that TDM for non-commercial research purposes is fair use;the European Union also revised the Copyright Directive in 2019 to stipulate "for scientific research purposes" and "with data Reasonable terms of use for the purpose of analysis.Based on the practice of these typical countries,from the perspective of legislative objectives,economics,and interest balance,we demonstrate the legitimacy of TDM into the rational use of our country,and adopt the provisions of setting up independent “conditional exceptions” to The main body of the TDM copyright exception rule is summarized in terms of subject restrictions,applicable purposes and behaviors.The legal acquisition of data sources is a prerequisite for the establishment of reasonable use.The applicable subjects of the articles break through the restrictions of “scientific research institutions”,allowing other organizations and individuals to enjoy the convenience brought by reasonable use,and stipulate the purpose elements of TDM to avoid excessive use of reasonable use.Situation;finally,the way in which TDM is reasonably used includes replication,adaptation,and dissemination.