GreeceLaw 2121/1993 Articles 21A-21B, Text and Data Mining Exception
Law 2121/1993, arts. 21A-21B, as inserted by Law 4996/2022, arts. 8-9 (FEK A' 218/24-11-2022)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2023. Publisher's page: https://www.et.gr/api/DownloadFeksApi/?fek_pdf=20220100218In 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 and extract from lawfully accessible works and other material for text and data mining without authorisation, but only where the rightholder has not expressly reserved that use in an appropriate manner, such as machine-readable means for content made publicly available online (Art. 21B).
- Before mining, check for such a reservation, and do not mine material whose rightholder has reserved it.NIST AI RMFMAP 4.1
- Keep copies made for mining only as long as the mining purpose requires.no control in the NIST AI RMF
- If you are a research organisation or cultural-heritage institution, you may reproduce a work you lawfully access for text and data mining for scientific research without any rightholder opt-out applying; a contrary contractual term is void (Art. 21A).
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 'με κατάλληλο τρόπο' under Article 21B, paragraph 1 of Law 2121/1993, or must content made available online carry it by 'μηχαναναγνώσιμα μέσα'?
What this law does
Article 21A permits a research organisation or cultural-heritage institution to reproduce a work or other protected subject matter it lawfully accesses for the purpose of text and data mining for scientific research, without a rightholder opt-out, and any contrary contractual term is void.
Article 21B gives anyone else the same reproduction and extraction permission over lawfully accessible works and other material for the purpose of text and data mining, but only where the rightholder has not expressly reserved that use in an appropriate manner, such as machine-readable means for content made publicly available online; copies made under either article may be retained only as long as the mining purpose requires.
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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