LithuaniaCopyright Act Arts. 22-1 and 22-2, Text and Data Mining Exceptions
ATGTĮ (Nr. VIII-1185) 22-1 ir 22-2 str., added by Įstatymas Nr. XIV-970 ()
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 permission or remuneration, unless the rightsholder has expressly reserved that use (Article 22-2).
- Check for that reservation before mining: for content publicly available online, the appropriate means of reserving the use is a machine-readable one, and do not mine content whose use is reserved.
- A research organization or cultural-heritage institution may reproduce a lawfully accessible work for non-commercial text-and-data-mining research without permission or remuneration, keeping the copies under restrictions on their use and distribution and retaining them for research purposes, including to verify the research results; a contract term barring reliance on this exception is void (Article 22-1).
- The same pairing reaches a database's contents: research organizations and cultural-heritage institutions may extract a database for text-and-data-mining research unconditionally (Article 63(1)(6)), and any lawful user may do so for text-and-data-mining purposes unless the use is reserved (Article 63(1)(7)).
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 that a site states only in its terms of use count as one made 'atitinkamomis priemonėmis' under Article 22-2(2) of the Lithuanian Copyright Act, or must content publicly available online carry it by 'kompiuterio skaitomomis priemonėmis'?
- Does the training of an LLM-based chatbot count as reproduction 'tekstų ir duomenų gavybos tikslais' in Article 22-2(1), the question referred to the Court of Justice in Case C-250/25?
What this law does
Article 22-1 lets a research organization or cultural-heritage institution reproduce, without the author's permission or remuneration, a work it can lawfully access for non-commercial text-and-data-mining research, keeping the copies under restrictions on their use and distribution and retaining them for research purposes, including to verify the research results. A contract term barring reliance on this exception is void.
Article 22-2 lets anyone reproduce a lawfully accessible work for text-and-data-mining purposes without permission or remuneration. That limitation applies only unless the rightsholder has expressly reserved that use by appropriate means, which for content publicly available online means machine-readable means. The same pairing of exceptions reaches a database's contents.
Article 63(1)(6) gives research organizations and cultural-heritage institutions an equivalent unconditional right to extract a database for text-and-data-mining research. Article 63(1)(7) extends the general, opt-out-conditioned exception to any lawful user extracting a database for text-and-data-mining purposes.
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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