Text/Data Mining Potential Legal Issues Naomi Korn IP Consultant Disclaimer: The contents of this presentation are for general advice.

Slides:



Advertisements
Similar presentations
HOW TO DEFINE ARCHIVES? We recommend avoiding academic arguments: This is all about library productions that can only be made available by means of replacing.
Advertisements

Draft JORUM Depositor Licence By Emanuella Giavarra LLM Chambers of Prof. Mark Watson-Gandy Amsterdam and London
Coming to terms with e-books Understanding the relationship between e-book licence terms and conditions and Australian copyright laws Ellen Broad Executive.
Electronic theses and copyright Janet Aucock Head of Repository services March 2014.
Data Analytics – A Policy Perspective Benjamin White, Head of Intellectual Property British Library.
CRICOS No J a university for the world real R The Permission Barrier Copyright Law and Digital Preservation in Australia Jessica Coates Creative.
Nairobi, Kenya, September, 2010 Zimbabwe presentation: Data accessibility, confidentiality and copyright.
Web 2.0 and IP Training Module Name of presenter: 19/05/20151www.web2rights.org.uk.
Web 2.0, IPR and You Naomi Korn & Dr Neil Witt 02/06/20151www.web2rights.org.uk.
1 Mobile Platforms, Linked Content, and Copyright: Issues and Answers COPE North American Seminar 2014 Philadelphia, PA August 13, 2014 Michael W. Carroll.
Software Protection & Scope of the Right holder Options for Developing Countries Presentation by: Dr. Ahmed El Saghir Judge at the Council of State Courts.
June Weir FOI/Copyright/Records Manager March 2015.
Text and data mining for non-commercial research: the UK’s planned exception to copyright UK Government 22 April 2013, Brussels.
Changes to copyright exceptions for libraries and archives Robin Stout Copyright Policy Intellectual Property Office.
A centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Funded by:
WIPO Copyright Sector 1.  Fundamental or constitutional rights or public interest: freedom of speech, access to information, right for education, enjoyment.
Ioannis Iglezakis Intellectual Property Part II. Open source software Open-source software is computer software whose source code is available under a.
New copyright challenges for the users digital works Dragutin Nemec Library of the Faculty of law in Zagreb LIBRARIES IN THE DIGITAL AGE (LIDA) 2007.
LEGAL ASPECTS OF CONTENT MINING copyright publisher licences country-specific legislation.
Copyright in the EU: The Infosoc Directive: TPMs, ACPs and RMI Turin, October 2011 Dr E Derclaye University of Nottingham.
Anticipated 2008 Generic Launches JULY 2008 David Harding, API Intelligence, Thomson Reuters Source: FDA, NEWPORT HORIZON PREMIUM TM © THOMSON REUTERS.
NRCCL (University of Oslo, Faculty of Law) Hyperlinks and search engines(I) Jon Bing Norwegian Research Center for Computers and Law Master Lecture 16.
Professor Ian Hargreaves – where are we now? A Law Firm Specialising in Intellectual Property and Information Technology.
MESSAGING IN THE MEDIA TOP 10 DRUGS BASED ON CREDIBILITY INDEX IN THE LITERATURE JOHN KNAPP, DIRECTOR OF ANALYTICS MAY 2009 Your use of these materials.
WIPO – IP and Creative SMEs in the Digital Environment Copyright and the Participative Web Prof. Dr. Martin Senftleben VU University Amsterdam Geneva,
Digitization: Considering the 3 C’s – Copyright Contracts Creative Commons Denise Rosemary Nicholson Copyright Services Librarian University of the Witwatersrand,
Therapeutic area breakdown of lead projects in development for first launch in 2005 APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM ©
CRICOS No J a university for the world real R The OAK Law Project Queensland University of Technology CRICOS No J 1.
The law on Intermediary Liability in India
Newspaper Licensing Agency Ltd Newspaper Working Group Copenhagen April 2012.
Copyright for Authors Jenny Delasalle, Academic Support Manager (Research), Library.
Proportion of biotech-derived active substances in development for first launch 31st December APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE.
License, Contract, Memoranda, Oh My! Kevin L. Smith Duke University Libraries Office for Copyright and Scholarly Communications.
Proportion of total R&D expenditure by therapeutic area in 2005 APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM © THOMSON REUTERS Your.
Global R&D expenditure, development times, global pharmaceutical sales and new molecular entity output MARCH 2008 SOURCE: CMR INTERNATIONAL.
2005/2006 Expenditure on biotech derived entities had remained constant APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM © THOMSON REUTERS.
Copyright Issues in Data Management CHRISTINE FRUIN / SCHOLARLY COMMUNICATIONS LIBRARIAN.
Number of pharmaceutical patent applications and granted patents for 5 major patent issuing authorities JUNE 2008 SOURCE: DERWENT WORLD PATENTS.
Lecture 27 Intellectual Property. Intellectual Property simply defined is any form of knowledge or expression created with one's intellect. It includes.
IPR Issues and Web2.0 Engagement Naomi Korn & Dr Charlotte Waelde 18/02/20161www.web2rights.org.uk.
PATENTS, INTEGRATED CIRCUITS, AND INDUSTRIAL DESIGNS Presented By: Navdeep World Trade Organization.
COPYRIGHT TERMS BROADCAST LAW. AUTHOR/ARTIST The creator of a work.
Regulatory approval times between submission and marketing authorization approval APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM.
Availability of High-Quality API for India, China and Rest of World MARCH 2008 David Harding, API Intelligence, Thomson Reuters Source: NEWPORT HORIZON.
Allocation of R&D expenditure in 2005 between chemical entity and biological or biotech active substances APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE.
AU Washington, PIJIP 12 September 2012 Fair Use and Fair Dealing: A European Perspective Prof. Dr. Martin Senftleben VU University Amsterdam Bird & Bird,
Unless otherwise noted, the content of this course material is licensed under a Creative Commons Attribution 3.0 License.
CHANGES WE CAN EXPECT TO COPYRIGHT LAW NHSS Event, 24/10/11.
Rear Vision Mirrors and Crystal Balls Copyright Symposium 2014 Australian National Maritime Museum, Sydney 14 March 2014 Nicholas Smith Barrister Blackstone.
Dialogue on Competition Policy and Intellectual Property *
Slides Template for Module 5
Copyright and Open Licensing
Copyright and Open Licensing
HOW TO DEFINE ARCHIVES? We recommend avoiding academic arguments: This is all about library productions that can only be made available by means of replacing.
Legal aspects of copying audiovisual work onto portable media devices
BIOLOGY / CHEMISTRY CITATIONS GROWTH
BROADCAST LAW COPYRIGHT TERMS.
Messaging in the Media TOP 10 AUDIENCES BY THERAPY AREA
GDPR Museums and you Copyright
The Strategic Content Alliance
2006 Revenue continued to depend on a relatively small number of products APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM © THOMSON REUTERS.
, R&D expenditure showed 6% growth annually
Proportion of total R&D expenditure on alliances or joint ventures by stage of R&D in 2005 APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM.
BROADCAST LAW COPYRIGHT TERMS.
ACCESS TO PROTECTED WORKS: LIMITS OF PERMITTED USE
The Strategic Content Alliance
Pipeline size of Major companies had grown at a steadier rate than that of smaller companies APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE.
For Bethel University Faculty & Students
Copyright and Open Licensing
Comparative L&Es in Copyright Singapore, 22 July Copyright L&Es Treaty
Presentation transcript:

Text/Data Mining Potential Legal Issues Naomi Korn IP Consultant Disclaimer: The contents of this presentation are for general advice and best practice purposes only. They do not constitute legal advice and the author can give no assurances, warranties regarding the accuracy, currency of applicability in relation to specific circumstances. In such circumstances, professional legal advice should be sought. This presentation is licensed under a Creative Commons Attribution Share Alike Licence 3.0

How High Can You Jump? Current legislative environment makes it nearly impossible to legitimately carry out the processes necessary for text/data mining without permission or ideally an exception Strong likelihood of legal issues occurring in association with all the processes associated with data/text mining At almost every intersection along the text/data journey, there are legislative and/or licensing potholes and pitfalls that disrupt opportunities

CONTENT SUPPLY: Contractual Restrictions Contractual clauses associated with the supply of articles etc can place restrictions on the user Authors themselves may still assign rights or grant exclusive licences which preclude them and/or their organisations from text/data mining without additional permissions No provisions to prevent contractual clauses from over-riding copyright exceptions even if we were to have an exception to text/data mining Not abiding by contractual terms = Potential breach of contract and infringement of copyright Even open access journals can present issues in terms of the particular CC licence selected. I.e. licences with a “ND” restriction can prevent adaptation and mining; CC licences in general (apart from CC Zero) can lead to Attribution stacking if many articles mined.

FORMAT OF CONTENT Format may preclude data/text mining i.e. PDF AND/OR technical protection measures may be used to lock up access to content (reinforced by contractual terms) NB: Remove of any Technical Protection Measures = Infringement of copyright

COPYING OF CONTENT: Legislative Restrictions CDPA Section 28 A Temporary copies exception is solely concerned with incidental and immediate copying But: Any copying which is a “consumption” of the work, temporary or not, requires permissions from the rights holder “…the exception is concerned with transient copies which have no value in themselves and which do not prejudice the rights holder by interfering with the normal exploitation of the work…” NLA v Meltwater (Court of Appeal) [2011] EWCA Civ ml ml THIS MEANS THAT EVEN IN THE PROCESS OF A MACHINE MAKING A COPY OF AN ARTICLE ETC FOR THE PURPOSES OF TEXT MINING, AN INFRINGEMENT IS TAKING PLACE BECAUSE THERE IS INHERENT VALUE IN THE ULTIMATE COPYING OF THE WORK!

PRESENTATION OF DATA Copyright infringement if more than just facts? Presentation of collation of facts = Infringement of Database Right? Even though unlikely infringement of copyright in data mining, maybe issues associated with breach of contract as well as potential database rights arising

What do we need? Exception for text/data mining BUT ALSO: – We need a holistic approach to legislative change as recommended by Professor Hargreaves in this report – Exception for data/text mining will be useless without: Provisions to prevent contract law from over-riding copyright exception Provisions to prevent TPMs from over-riding copyright exceptions Provisions to facilitate copying for preservation purposes Solutions for Orphan Works