GermanyText und Data Mining fuer Zwecke der wissenschaftlichen Forschung (Text and Data Mining for Scientific Research)
Urheberrechtsgesetz (UrhG), § 60d
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- May reproduce lawfully accessible works for text and data mining for scientific research without the rightsholder's authorisation and without the general exception's opt-out applying, if a qualifying research organisation, heritage institution, or individual non-commercial researcher.
- Stop making a reproduction available to others once the joint research or quality verification it was shared for has concluded.
- Do not undermine measures a rightsholder takes to protect the security and integrity of its networks and databases.
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
- When does a private company have 'bestimmenden Einfluss' on a research organisation or 'bevorzugten Zugang zu den Ergebnissen', so that the organisation falls outside Section 60d(2)?
- Is a non-profit organisation that builds a dataset which commercial developers later use still one that 'nicht kommerzielle Zwecke verfolgen' under Section 60d(2) no. 1?
What it makes you log
Logging duty
Section 60d permits text and data mining copies for scientific research and sets conditions on who may mine, on making copies available to others, and on keeping copies secure. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
Reproductions for text and data mining are permitted for purposes of scientific research, without the machine-readable opt-out that limits the general exception, for research organisations (universities, research institutes or other bodies conducting scientific research that pursue no commercial purpose, reinvest all profits into scientific research, or act under a state-recognised public-interest mandate, but excluding an organisation under a private undertaking's determining influence with preferential access to the research results), for publicly accessible libraries and museums and for archives and film- or sound-heritage institutions, and for individual researchers pursuing no commercial purpose.
Those entitled who pursue no commercial purpose may make such reproductions available to a defined circle of persons for their joint scientific research, and to individual third parties to verify the quality of scientific research, but must end that availability once the joint research or the quality check is complete.
Research organisations and publicly accessible libraries, museums, archives and film- or sound-heritage institutions may retain the reproductions, with reasonable security precautions against unauthorised use, for as long as needed for scientific-research purposes or to verify research findings. Rightsholders may take necessary measures to prevent these reproductions from endangering the security and integrity of their networks and databases.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
Back to the example · Lint your app
Page updated .