PortugalCDADC Text and Data Mining Exception
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Check whether the rights holder of a legally accessible work has expressly reserved it against text and data mining in an adequate way, in particular by optical reading of content made available online, before mining it for that purpose, unless mining it as a research organization or cultural-heritage institution for scientific research.
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 'leitura ótica' in Article 75.º(2)(w) mean a reservation in a machine-readable form such as a robots.txt directive, or only a reservation that a reader of the page can see?
- Does a reservation written only in a website's terms of use count as one made 'de forma adequada' for content made available to the public online under Article 75.º(2)(w)?
What it makes you log
Logging duty
Article 75(2)(v) and (w) let research organizations and cultural heritage institutions, and anyone else where the rightholder has not reserved its rights, reproduce lawfully accessible works for text and data mining. They require no log or record to be kept. The rule on storing and keeping the copies sits in Article 76(4), which this row does not cite, so this row carries no retention value.
- Kind
- None
- As of
What this law does
Reproducing a legally accessible protected work for text and data mining is a permitted exception under CDADC Article 75.º(2)(w), unless the rights holder has expressly reserved that use in an adequate way, in particular by optical reading for content made available to the public online.
A separate exception in Article 75.º(2)(v), which carries no rights-holder reservation condition, covers a research organization or a cultural-heritage institution carrying out text and data mining on legally accessible works for scientific research. Article 75.º(6)(b) defines text and data mining as any automated analytical technique aimed at analyzing text and data in digital form to produce 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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