Research On Fair Use Of Copyright In Text And Data Mining

As the digital economy and artificial intelligence have developed rapidly,data has emerged as an irreplaceable strategic resource in various countries and regions.Touted as the most effective technology for text analysis and information processing,Text and Data Mining(TDM)is used in a wide variety of fields,particularly in research,for the discovery of new knowledge.However,while making life easier for users and improving research efficiency,this technology has fallen into a legal predicament of being accused of infringing the copyright of works.TDM usually mines texts,audio recordings,videos and other content,but its technical characteristics cannot make it actively identify and bypass copyrighted works to avoid being accused of infringement.In addition,the specific terms of fair use stipulated in my country’s current Copyright Law do not include text and data mining related content,and it is impossible to incorporate text and data mining into the system of copyright exceptions through various interpretations.The legal uncertainty of text and data mining behaviors will not only lead researchers to abandon the application of TDM technology for fear of taking the risk of infringement or be difficult to pay the cost of one-by-one licensing,but also lead to the lack of stability and reliability of judicial cases involving text and data mining.Anticipatory.This is the defect and deficiency of my country’s copyright law in dealing with the conflict between technology and copyright in the new era.Thus,this paper addresses the issue of fair use of text and data mining copyright,tries to clarify how fair use is defined,and addresses its legitimacy.The first chapter is based on my country’s copyright system and practical problems,indicating that it is necessary for my country to introduce TDM copyright exceptions in copyright law,but there are still differences in the understanding of the legal attributes of text and data,and the path and specifics of introducing TDM copyright exceptions.Disputes that constitute conditions.The second chapter demonstrates the legitimacy of text and data mining to constitute fair use through the legal nature of copyright,the response mode adopted by several typical countries outside the territory in legislation or judicial practice,its theoretical basis,and relevant background.The third chapter discusses the constituent elements that should be considered in the construction of the fair use system of text and data mining in my country,including subject,purpose,object,and behavior.The fourth chapter draws the conclusion that my country should seize the opportunity of the revision of the "Copyright Law Implementation Regulations",and draw on foreign legislative experience to add TDM copyright exceptions separately;For "scientific research purposes";the subject matter is limited to "legally obtained published works";the mode of conduct is necessary reproduction and analysis,but the reproductions are not allowed to be disseminated publicly.