FranceCPI Article L122-5-3, Text and Data Mining Exceptions and the Author's Objection
Code de la propriété intellectuelle, art. L122-5-3 (text and data mining exceptions)
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- TDM
- Audit expectation
- none
What it requires
- If you mine texts and data under paragraph III, make the copies or reproductions only from works you accessed lawfully (Article L122-5-3, III).
- Do not rely on the paragraph III exception for content whose author has objected appropriately, notably by machine-readable means for content made available to the public online (Article L122-5-3, III).
- Store the copies and reproductions made for mining under paragraph III with an appropriate level of security, and destroy them at the end of the mining (Article L122-5-3, III).
- If you mine under the research paragraph, do so solely for scientific research, and not where an enterprise that is a shareholder or associate of the institution carrying out the mining has privileged access to the results (Article L122-5-3, II).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article L122-5-3 sets the conditions of the text and data mining exceptions and requires mining copies to be stored securely and destroyed. It imposes no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Text and data mining means implementing a technique of automated analysis of digital texts and data in order to extract information, notably constants, trends and correlations (Article L122-5-3, I).
Digital copies or reproductions of lawfully accessed works may be made without the authors' authorization for text and data mining carried out solely for scientific research by research organizations, publicly accessible libraries, museums, archive services or film, audiovisual or sound heritage institutions, or for them and at their request by other persons (Article L122-5-3, II).
The research exception does not apply where an enterprise that is a shareholder or associate of the organization or institution carrying out the mining has privileged access to its results (Article L122-5-3, II). Rightholders may implement proportionate and necessary measures to ensure the security and integrity of the networks and databases in which the works are hosted (Article L122-5-3, II).
Without prejudice to the research exception, digital copies or reproductions of lawfully accessed works may be made for text and data mining carried out by any person, whatever the purpose of the mining, unless the author has objected appropriately, notably by machine-readable means for content made available to the public online (Article L122-5-3, III).
Copies and reproductions made under paragraph III are stored with an appropriate level of security and then destroyed at the end of the mining (Article L122-5-3, III).
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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