LuxembourgLoi du 18 avril 2001 sur les droits d'auteur, Text and Data Mining Exception (Art. 10, points 15 and 16)
Loi du 18 avril 2001 sur les droits d'auteur les droits voisins et les bases de donnees, art. 10, points 15 et 16, ajoutes par la loi du 1er avril 2022 portant transposition de la directive (UE) 2019/790
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Reproductions and extractions of lawfully accessible works for text and data mining are permitted without the rightholder's authorization, unless the rightholder has expressly reserved that use by an appropriate means, including a machine-readable reservation for content available online.
- A research organization or a public library, museum, archive, or film or sound heritage institution may reproduce and extract lawfully accessed works for scientific-research text and data mining without needing the rightholder's authorization and without regard to any reservation the rightholder has made.
These lines are LexLint's reading of the law's text.
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 count as a reservation 'par des procédés lisibles par machine' (by machine-readable means) for content made available online under article 10, point 16?
- Is a reservation written only in website terms made 'de manière appropriée' (in an appropriate manner) under article 10, point 16, given that 'notamment' (in particular) makes machine-readable means an example rather than a requirement?
What it makes you log
Log retention
Point 16° lets reproductions and extractions be kept for as long as necessary for text and data mining, and point 15° lets research copies be kept for scientific research, including verification of results. These are limits on stored copies of works, not on a log.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Reproductions and extractions kept longer than needed for text and data mining
Logging duty
Article 10, points 15° and 16° let research organizations and cultural heritage institutions copy lawfully accessible works for text and data mining and require the copies to be stored with an appropriate level of security, and let anyone mine lawfully accessible works unless the rightholder has reserved its rights. Neither point requires a log or record to be kept.
- Kind
- None
- As of
What this law does
Article 10, point 16, added by the Loi du 1er avril 2022 transposing the Digital Single Market Directive, permits reproductions and extractions of lawfully accessible works for text and data mining without the rightholder's authorization, unless the rightholder has expressly and appropriately reserved that use, including by machine-readable means for content made available online.
Article 10, point 15 gives research organizations and publicly accessible libraries, museums, archives and film or sound heritage institutions the same permission for scientific research text and data mining, without being subject to that reservation. The statute defines text and data mining as any automated analytical technique to analyze text and data in digital form in order to generate information such as patterns, trends and correlations.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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