AustriaUrhG Section 42h, Text-and-Data-Mining Exception
UrhG Sec. 42h, BGBl. Nr. 111/1936 as amended by BGBl. I Nr. 244/2021
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- You may reproduce a lawfully accessed work to mine text and data for scientific or artistic research through a research organization or cultural-heritage institution, and this right cannot be waived by contract, per UrhG Section 42h(1) to (5).
- For any other text-and-data-mining use, do not reproduce a work if the rightsholder has expressly reserved their rights in an adequately signaled, and for online works machine-readable, manner, per UrhG Section 42h(6).
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 in a website's natural-language terms of use, or in a robots.txt file, count as an 'Nutzungsvorbehalt' made 'mit maschinenlesbaren Mitteln' under Section 42h(6)?
- Is the reproduction of works to train a model that is offered to third parties a reproduction 'für den eigenen Gebrauch' under Section 42h(6)?
What it makes you log
Log retention
Copies made under the general exception may be kept only as long as the analysis requires; research copies under paragraph 2 may be kept as long as the research purpose, including verification, justifies it.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Copies made under the general exception once they are no longer necessary for the data analysis (paragraph 6)
Logging duty
For text and data mining by research organizations and cultural heritage institutions, section 42h(2) allows the copies to be stored and kept under appropriate security measures for as long as the research purpose, including verification of scientific findings, justifies it. The clause requires no log or record. Paragraph 6 separately limits copies made under the general exception to the time needed for the analysis.
- Kind
- None
- As of
What this law does
Section 42h(1) to (5) lets anyone reproduce a lawfully accessed work for a research organization or a cultural-heritage institution, and lets individual researchers do so where justified by a non-commercial purpose, to mine text and data for scientific or artistic research, and store the reproduction as long as the research purpose justifies it; this exception cannot be contracted away and applies even where a for-profit undertaking participates in a public-private partnership with the research or heritage institution.
Section 42h(6) creates a separate, general exception letting any person reproduce a lawfully accessed work for their own text-and-data-mining, for any purpose, unless the rightsholder has expressly prohibited the reproduction through an adequately signaled reservation, in particular a machine-readable one for works made available online.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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