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Copyright as an Obstacle or an Enabler? A European Perspective on Text and Data Mining and its Role in the Development of AI Creativity
Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.ORCID iD: 0000-0002-7357-5978
2020 (English)In: Asia Pacific Law Review, ISSN 1019-2557, E-ISSN 1875-8444Article in journal (Refereed) In press
Abstract [en]

Text and data mining (TDM) may be performed in a variety of fields and for different purposes. Among other things, TDM techniques may be used to ‘train’ Artificial Intelligence (AI), also for the purpose of AI-driven creativity. In this context, copyright restrictions might be in place, even if copies made of pre-existing content are only used internally and are instrument to the creation of something ‘new’. Recently, in the context of the Directive 2019/790 on copyright in the Digital Single Market, the EU legislature introduced two new mandatory exceptions for TDM.This contribution discusses the interplay between TDM and AI creativity by focusing, first, on the potential and technicalities of TDM and the interplay with legal restrictions. Second, it reviews the copyright-related issues facing TDM and the debate underlying the adoption of this new piece of EU legislation. Third, it reflects on the future of AI creativity in Europe.This article concludes that, even despite the adoption of two new mandatory TDM exceptions in the DSM Directive which are now to be transposed by individual EU Member States, copyright restrictions might continue affecting and restricting significantly the possibility of undertaking TDM activities in Europe.

Place, publisher, year, edition, pages
2020.
National Category
Law
Research subject
European Law
Identifiers
URN: urn:nbn:se:su:diva-177059DOI: 10.1080/10192557.2019.1705525OAI: oai:DiVA.org:su-177059DiVA, id: diva2:1377982
Available from: 2019-12-13 Created: 2019-12-13 Last updated: 2019-12-19

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