Research on Fair Use of Copyright in Text and Data Mining

Abstract

Text and data mining refers to computer processing behavior that extracts relevant information from texts and data. It mainly copies a large number of original texts, extracts relevant information from them, and then recombines information to obtain potential new and unknown information. Nevertheless, from the processing mode of data mining, certain infringement risks exist, which may result in infringements upon the right of reproduction, the right of adaptation and the right of communication through information network. Moreover, there are certain legal obstacles for text and data mining to invoke the fair use of copyright. Therefore, specific rules for the fair use system shall be designed from three dimensions: broadening the scope of subjects, adopting technical measures for data security protection, and restricting usage from extending to subsequent information dissemination. It is appropriate to incorporate text and data mining into the copyright fair use system. On the basis of learning from extraterritorial experience, China shall construct a conditional exception model for fair use. In addition, in view of deficiencies in China’s Copyright Law, targeted fair use circumstances shall be added so as to boost mass innovation.