SloveniaZakon o avtorski in sorodnih pravicah (ZASP), Arts. 57.a-57.b, Text and Data Mining
ZASP-I, Uradni list RS, št. 130/22, čl. 57.a-57.b
In force since .
A text and data mining (TDM) opt-out rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may reproduce works you lawfully access for text-and-data mining, defined as any automated analytical technique for analyzing text and data in electronic form to generate information such as patterns, trends and correlations, without the author's authorization (art. 57.a).
- Before mining, check whether the author has expressly and appropriately reserved use of the work, in particular through internationally recognized, standardized, machine-readable means carrying metadata and terms of use for a work publicly available online (art. 57.a).
- Do not mine a work whose author has reserved its use in that way: the general exception does not apply to it.
- Treat a contract term contrary to article 57.a as void.
- If you are a research organization, public archive, library, museum, film or audio heritage institution or public broadcaster mining works you lawfully access for scientific research, you may do so without the reservation check (art. 57.b).
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 robots.txt directive count as one of the 'mednarodno uveljavljenimi standardiziranimi strojno berljivimi sredstvi, ki vsebujejo metapodatke in splošne pogoje uporabe' in 57.a člena, tretji odstavek ZASP, for a work publicly available online?
- Does the training of an LLM-based chatbot count as reproduction 'za namene besedilnega in podatkovnega rudarjenja' in 57.a člena, prvi odstavek, the question referred to the Court of Justice in Case C-250/25?
What this law does
Article 57.a permits, without authorization, reproduction of works lawfully accessed for text-and-data-mining purposes, defined as any automated analytical technique for analyzing text and data in electronic form to generate information such as patterns, trends, and correlations.
That general exception does not apply where the author has expressly and appropriately reserved use of the work, in particular through internationally recognized, standardized, machine-readable means carrying metadata and terms of use for a work publicly available online. Any contractual provision contrary to this article is void.
Article 57.b creates a separate, unconditional exception, without that reservation mechanism, for research organizations, public archives, libraries, museums, film or audio heritage institutions, and public broadcasters carrying out text and data mining for scientific research on works they lawfully access.
When LexLint raises it
When your app profile says your app reuses other publishers' content, crawls the web or trains models.
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