FinlandTekijanoikeuslaki Section 13b, Text-and-Data-Mining Reproduction Exception
Tekijanoikeuslaki, Finland Copyright Act, 13 b sec, as amended by 3.3.2023/263
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Honor an author's express and appropriate reservation of the text-and-data-mining reproduction right before reproducing their work for that purpose under Tekijanoikeuslaki 13 b sec (1 mom.), unless you are a research organization or cultural heritage institution mining for scientific research under 13 b sec (2 mom.), which cannot be overridden by contract or technical measures.
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
A request for a preliminary ruling lodged on (Case C-250/25, Like Company v Google Ireland) asks whether reproduction of lawfully accessible works to train an LLM-based chatbot falls within the text and data mining exception in Article 4 of Directive 2019/790.
- As of
- Open questions
- Does a robots.txt directive or a clause in a website's terms count as a reservation made 'nimenomaisesti ja asianmukaisella tavalla' (expressly and in an appropriate manner) under 13 b § 1 momentti, and must it be machine-readable?
- Is access to a work that a site serves to everyone without a licence 'laillinen pääsy' (lawful access) to the work under 13 b § 1 momentti?
What it makes you log
Logging duty
Section 13b lets a person with lawful access copy a work for text and data mining and keep the copies only for that purpose, and lets research organizations and cultural heritage institutions keep copies for research, including later verification of results, if the copies are available only to those entitled. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
Section 13b(1) lets a person with lawful access to a work reproduce it for text-and-data-mining purposes and retain the copies solely for that purpose, unless the author has expressly and appropriately reserved that right.
Section 13b(2) gives research organizations and cultural heritage institutions with lawful access a broader exception to reproduce a work for text-and-data-mining in scientific research and retain the copies for that research, including later verification of research results, provided the copies are accessible only to those entitled to them; that broader exception cannot be overridden by contract or prevented by technical means.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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