Copyright Act, Scientific Research Text and Data Mining Exception
Federal Act on Copyright and Related Rights (URG/LDA), SR 231.1, Art. 24d
In force since .
A copyright and text and data mining (TDM) rule.
- Audit expectation
- none
What it requires
- Reproduction of a work for scientific research is permitted only where the copying is due to the use of a technical process and the work can be lawfully accessed; this ground does not extend to copying computer programs. This is narrower than a general text-and-data-mining exception: training a model on scraped copyrighted text rests on this ground only where a genuine scientific-research purpose is met, whether or not the researcher operates commercially, and training pursued for a purpose other than scientific research falls outside it.
- A quotation from a published work is permitted only as an explanation, reference or illustration, to the extent justified for that purpose, with the source and author named.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article 24d permits reproduction for scientific research where a technical process requires it and access to the works is lawful, allows the copies to be kept after the research for archiving and backup (paragraph 2, a limit on the copies and not a record of the access), and excludes computer programs. It names no log, audit, auditor or access right. The article states no territorial hook.
- Kind
- None
- As of
What this law does
Article 24d permits reproducing a work for the purposes of scientific research where the copying is due to the use of a technical process and the works to be copied can be lawfully accessed, with copies made under the article retainable for archiving and backup purposes once the research concludes; the article does not apply to copying computer programs.
Separately, Article 25 permits quoting a published work where the quotation serves as an explanation, reference or illustration and its extent is justified for that purpose, with the source and, where given, the author's name cited.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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