EstoniaAutoriõiguse seadus (Copyright Act) Sections 19-1 and 19-2, Text and Data Mining Exception
Autoriõiguse seadus §§ 19-1 and 19-2 inserted by Autoriõiguse seaduse muutmise seadus (autoriõiguse direktiivide ülevõtmine), RT I, 28.12.2021, 1
In force since .
A text and data mining (TDM) opt-out rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may reproduce a lawfully accessible work for text-and-data-mining purposes without the author's consent or payment, unless the author has expressly excluded this use in an appropriate manner, including by machine-readable means for content made publicly available online (Sec. 19-2).
- Before mining, check for such an exclusion, and do not mine a work whose author has excluded the use.NIST AI RMFMAP 4.1
- Keep copies made for text and data mining only as long as necessary for that purpose.no control in the NIST AI RMF
- If you are a research organization or cultural-heritage institution, you may reproduce a work you lawfully access for scientific-research text and data mining without the author's consent or payment; a contract term restricting this use is void (Sec. 19-1).
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, and in the NIST AI RMF, line by line beside each duty above. 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 that a site states only in its terms of use count as one made 'sõnaselgelt kohasel viisil' under § 19-1 lõige 2 of the Estonian Copyright Act, or must content made publicly available online carry it by 'masinloetavate vahenditega'?
What this law does
Without the author's consent and without paying remuneration, a research organization or cultural-heritage institution may reproduce, for scientific-research text-and-data-mining purposes, a work to which it has lawful access, per Section 19-1(1). A contractual term restricting this free use is void, per Section 19-1(4).
Separately, without prejudice to Section 19-1, reproduction of a lawfully accessible work for text-and-data-mining purposes is permitted without the author's consent or payment, but the author may expressly exclude this general free use in an appropriate manner, including by machine-readable means for content made publicly available online, per Section 19-2(1) and (2). Copies made under either section may be retained only as long as necessary for the text-and-data-mining purpose.
When LexLint raises it
When your app profile says your app reuses other publishers' content, crawls the web or trains models.
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