MaltaCopyright and Related Rights in the Digital Single Market Regulations, Text and Data Mining Exceptions
Copyright and Related Rights in the Digital Single Market Regulations (S.L. 415.08), regs. 4-5
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- A commercial text-and-data-mining reproduction or extraction from a lawfully accessible work is permitted unless the rightholder has expressly reserved that use in an appropriate, including machine-readable, manner (reg. 5).
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does a reservation written in a website's terms of use, rather than in a machine-readable file, count as an 'appropriate manner' of expressly reserving the use of content made publicly available online under regulation 5(2)?
- Is the copying of works to train a generative model 'text and data mining' within the regulation 2 definition of 'any automated analytical technique aimed at analysing text and data in digital form in order to generate information', as regulation 5(1) requires?
What record it asks for
Log retention
Regulation 5(1) lets reproductions and extractions be retained for as long as is necessary for text and data mining, and regulation 4 lets research copies be retained 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
Regulation 4 lets research organizations and cultural heritage institutions copy lawfully accessible works for text and data mining for scientific research and requires the copies to be stored with an appropriate level of security, and regulation 5 allows mining for other purposes unless the rightholder has reserved its rights. Neither requires a log or record to be kept.
- Kind
- None
- As of
What this law does
The Copyright and Related Rights in the Digital Single Market Regulations (Subsidiary Legislation 415.08, Legal Notice 261 of 2021) transpose Directive (EU) 2019/790. Regulation 4 excepts reproductions and extractions made by research organisations or cultural heritage institutions to carry out text-and-data-mining, for scientific research, of works to which they have lawful access, with no opt-out for rightholders.
Regulation 5 excepts reproductions and extractions of any lawfully accessible work for the purposes of text and data mining, including for commercial purposes. That exception applies on condition that the rightholder has not expressly reserved the use of the work for mining in an appropriate manner, such as machine-readable means for content made publicly available online.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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