AustriaUrhG Section 42h(6), Text-and-Data-Mining Opt-Out for Aggregation
UrhG Sec. 42h(6), BGBl. Nr. 111/1936 as amended by BGBl. I Nr. 244/2021
In force since .
A text and data mining (TDM) opt-out rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may reproduce a work you have lawfully accessed, for your own use, in order to mine text and data in digital form automatically.
- Before mining, check whether the rightsholder has expressly prohibited the reproduction and signalled that prohibition adequately, in particular through machine-readable means for a work made available online.
- Do not mine a work whose rights are reserved in that way.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a reservation that a site states only in natural language, such as in its terms of use, count as a prohibition that is 'in angemessener Weise durch einen Nutzungsvorbehalt ... kenntlich gemacht' under § 42h Absatz 6 UrhG, or must a work made available on the internet carry a reservation in 'maschinenlesbaren Mitteln'?
What this law does
Section 42h(6) UrhG lets any person, for their own use, reproduce a work they have lawfully accessed in order to mine text and data in digital form automatically. This general exception does not apply where the rightsholder has expressly prohibited the reproduction and signaled that prohibition adequately, in particular through machine-readable means for a work made available online.
This is Austria's transposition of the Digital Single Market (DSM) Directive's general, opt-out-based text-and-data-mining exception, distinct from the narrower, non-waivable scientific-research exception in Section 42h(1) to (5).
When LexLint raises it
When your app profile says your app reuses other publishers' content, crawls the web or trains models.
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