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.
As of .
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).
What this law does
The Copyright and Related Rights in the Digital Single Market Regulations (S.L. 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.