7.1 Text and Data Mining : Making the Most of a Copyright Exception

Background: The European Commission’s proposals for a digital single market are likely to see the introduction of a mandatory copyright exception for text and data mining in public research. Under this new copyright regime, academic librarians will have a crucial role to play in advising researchers on their rights and supporting them in accessing the content they need. Paper aims: This paper will share the results of a qualitative study of TDM researchers, librarians and infrastructure providers working in the UK, France and beyond. The UK introduced a copyright exception for TDM in 2014, and France in 2016, and the lessons learned from these early adopters are now highly relevant to the rest of Europe, as widespread implementation of a copyright exception for TDM draws ever closer. Method: The study was completed by Research Consulting, a UK-based consultancy, on behalf of the ADBU, the French association of directors and senior staff in university and research libraries. It was comprised of the following elements: Desk-based review of relevant literature and legislation in the UK, France and at European level. Case study identification and development. 70 potential contributors were identified over the course of our work. 55 of these individuals were approached formally to request their input, and 25 were interviewed as part of the final study. Validation of findings. The draft findings were shared with a further 10 TDM specialists in the UK, France and US to validate the findings, and ensure that they present a balanced picture of the current environment for TDM. Results and conclusions: The study found that uptake of TDM remains low in the UK despite the introduction of a copyright exception some two years earlier. Both the UK and France, and by extension the rest of Europe, face common challenges in making the most of a copyright exception, which can be summarised as follows: Achieving legal clarity Delivering access to content Developing infrastructure Enhancing skills and support Providing incentives for TDM The study identified a key role for academic librarians in enabling greater uptake of TDM by public researchers, and makes a number of recommendations on how they and other stakeholders should respond to the introduction of a copyright exception. Study update: Study was delivered end of 2016. Paper will also give an update regarding legal context in Europe and in France (decrees to be published)