Intellectual Property and Related Rights Law, Article 25 (Text and Data Mining Exception)
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Reproduction and extraction of lawfully accessible works and other material for text-and-data mining is permitted, unless the rightholder has expressly reserved that use in an appropriate manner, such as machine-readable means, for content made available to the public online.
- Do not train on or mine a work whose rightholder has reserved the use through a machine-readable or other appropriate means.
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 terms of use count as stated 'με κατάλληλο τρόπο' under Article 25(3), or is a machine-readable reservation required for content that is available online?
- Does the exception in Article 25(1), which names only 'σκοπούς εξόρυξης κειμένων και δεδομένων', cover training a model that is offered as a commercial service?
What it makes you log
Log retention
The reproductions and extractions may be kept as long as text and data mining requires.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Reproductions and extractions made for text and data mining beyond the time needed for that mining
Logging duty
Article 25 permits reproduction and extraction of lawfully accessible works for text and data mining unless the rightholder has expressly reserved that use in an appropriate manner. It sets a purpose-bound limit on keeping the copies and requires no log or record.
- Kind
- None
- As of
What this law does
Law 155(I)/2022, which its preamble states harmonises Cyprus law with EU Directive 2019/790 on copyright in the Digital Single Market, inserted new articles 24 to 48 into Cyprus's Intellectual Property Rights and Related Rights Law, including the text-and-data-mining exceptions in articles 24 and 25. Article 24 exempts reproduction and extraction by research organisations and cultural heritage institutions for scientific text-and-data mining.
Article 25 gives a general exception for reproduction and extraction of lawfully accessible works for text-and-data mining. That exception applies only where the rightholder has not expressly reserved the use in an appropriate manner, such as machine-readable means, for content made available online. The Law was published in the Official Gazette on .
Under article 7 of the Interpretation Law, a Law that provides no other day comes into force on the date of its publication in the Official Gazette.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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