NetherlandsAuteurswet, artt. 15n and 15o, Text and Data Mining Exceptions
Auteurswet, artt. 15n, 15o (BWBR0001886)
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- A research organization or cultural heritage institution may reproduce a work it lawfully accesses for text-and-data-mining scientific research without the rightsholder's consent, storing the reproduction with an appropriate level of protection.
- Any other miner with lawful access may do the same only where the rightsholder has not expressly reserved the right in an appropriate way, including by machine-readable means on a work made available online; check for such a reservation before mining.NIST AI RMFMAP 4.1
- Keep a reproduction made under either exception only as long as needed for the text-and-data-mining purpose.no control in the NIST AI RMF
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 written in a website's terms of use, and not in machine-readable form, count as a reservation 'op passende wijze' under Article 15o, paragraph 1, for a work made available online?
- Does a miner who ignores a prohibition of automated access in a site's terms still have 'rechtmatig toegang' to the work under Article 15o, paragraph 1?
What it makes you log
Log retention
Article 15o(2) lets the reproduction be kept for as long as is necessary for text and data mining, and Article 15n(2) lets research copies be kept for scientific research. These are limits on stored copies of works, not on a log.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Reproductions kept longer than needed for text and data mining
Logging duty
Article 15n lets research organizations and cultural heritage institutions copy works for text and data mining for scientific research and requires the copies to be stored with an appropriate level of protection, and Article 15o allows mining for other purposes unless the rightholder has expressly reserved its rights. Neither requires a log or record to be kept.
- Kind
- None
- As of
What this law does
Article 15n exempts a reproduction that a research organization or cultural heritage institution makes for text-and-data-mining scientific research on a work to which it has lawful access, provided the reproduction is stored with an appropriate level of protection; a rightsholder may take proportionate security measures, and the exception cannot be contracted around.
Article 15o extends the exception to any miner with lawful access, but only where the rightsholder has not expressly reserved the right in an appropriate way, such as machine-readable means on a work made available online; a reproduction made under either article may be kept only as long as needed for the mining. Both exceptions bind natural and legal persons alike, since a legal person is equated with a natural person in property-law matters unless the law provides otherwise.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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