‘A Bold Take on Copyright Implications of Text and Data Mining’

Michael W Carroll, ‘Copyright and the Progress of Science: Why Text and Data Mining Is Lawful’, 53 UC Davis Law Review 893 (2020). Professor Carroll is not the first copyright scholar to have asserted that text and data mining (TDM) is and should be lawful as a matter of copyright law (and he probably won’t be the last). The hook that pulled me through the 72 pages of his excellent article was the introduction’s announced intention to explain why use of TDM tools to run searches on digital repositories of infringing copies of copyrighted works do not infringe, at least as a matter of US copyright law. Text and data mining is a multi-stage technical process by which researchers compile and refine large quantities of text and other data so that it can be processed with statistical software to detect patterns that would be difficult or impossible for a human to perceive without the aid of the machine … (more)

[Pamela Samuelson, JOTWELL, 1 April]

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