DenmarkOphavsretsloven Sections 11b-11c, Text and Data Mining Exception
Ophavsretsloven sections 11 b-11 c (Tekst- og datamining), Lovbekendtgorelse nr. 1093 af 20. august 2023, inserted by Lov nr. 680 af 6. juni 2023
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract from, or make copies of, a work you have lawful access to for text and data mining, including AI training, where the rights holder has expressly reserved that use in an appropriate manner such as a machine-readable opt-out.
- A research organization or cultural heritage institution carrying out text and data mining for scientific research is not subject to that reservation.
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, or in a robots.txt file, count as one made 'udtrykkeligt' and 'på passende vis' under Section 11 b(2), which names no machine-readable form?
- Does 'lovlig adgang' to a work under Section 11 b(2) extend to a work that a crawler obtained by ignoring a login requirement?
What it makes you log
Log retention
Copies under the general exception may be kept as long as text and data mining requires; research copies may be kept for scientific research.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Extractions and copies made under the general exception beyond the time needed for text and data mining
Logging duty
For text and data mining for scientific research by research organizations and cultural heritage institutions, section 11c(2) requires the copies to be stored with an appropriate level of security and allows them to be kept for scientific research. The clause requires no log or record. Section 11b(3) separately limits copies made under the general exception to the time needed for the mining.
- Kind
- None
- As of
What this law does
A person with lawful access to a work may extract from it and make copies of it for text and data mining, defined as any automated analytical technique for analysing text and data in digital form to generate information such as patterns, trends and correlations, provided the rights holder has not expressly reserved the use of the work in an appropriate manner, and the resulting copies may be kept as long as needed for the mining.
A separate, non-waivable exception in section 11c lets a research organization or cultural heritage institution with lawful access extract from and copy a work for text and data mining carried out for scientific research, including within a public-private partnership, without the reservation that limits the general exception. Act number 680 of , which inserted these sections, provides that it takes effect on publication in Lovtidende, and it came into force on .
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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