SwedenUpphovsrättslagen 15 a-15 c §§, Text and Data Mining Exception
Upphovsrättslag (1960:729) 15 a-15 c §§, as added by Lag (2022:1712)
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Honor an author's appropriate, including machine-readable, reservation of the text-and-data-mining right before relying on the general exception in Upphovsrättslagen 15 a § to reproduce a work.
- Do not retain a copy made under the text-and-data-mining exception longer than necessary for the mining purpose, and do not use it for another purpose.
- A research organization, public library or museum, archive, or film or sound heritage institution mining for research is not subject to the rightsholder opt-out, per 15 b §, but may not rely on it for a computer program.
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 a reservation in a website's terms of use, or in a robots.txt file, count as one made 'på lämpligt sätt' under 15 a §, second paragraph?
- Does the copying of works to train a generative model fall within 'text- och datautvinningsändamål' under 15 a §, first paragraph?
What it makes you log
Logging duty
Sections 15 a to 15 c allow text and data mining copies, subject to the author's reservation, and limit how long copies may be kept and require research copies to be stored so as to prevent unauthorized use. They require no log or record to be kept.
- Kind
- None
- As of
What this law does
A person with lawful access to a work may make copies of it for text and data mining purposes under section 15 a, provided the copies are not kept longer than necessary and are not used for other purposes. This general exception does not apply where the author has, in an appropriate manner, reserved that right, which is the opt-out.
A separate exception in section 15 b lets research organizations, libraries and museums accessible to the public, archives, and film or sound heritage institutions make copies of works they lawfully access, except computer programs, to carry out text and data mining for research purposes, without the section 15 a opt-out.
Section 15 c defines text and data mining as an automated technique used to analyze text and data in digital form for the purpose of generating information, and defines a qualifying research organization. Under section 15 b, a contractual term restricting the right to use a work is void, and an author may still take proportionate measures to secure the integrity and security of networks and databases containing the work.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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