Text and data mining for scientific research (Art. 3 DSM)

This (mandatory) exception allows certain research organisations and cultural heritage institutions to reproduce works and other protected subject matter (other than software), as well as to extract the contents of databases, in order to perform text and data mining for the purposes of scientific research. Only those materials to which they have lawful access to can be mined under this provision. Copies created in the course of text and data mining can be stored with an appropriate level of security, and there is no limit on how long they can be stored. The permitted uses are not subject to compensation. The exception cannot be overridden by contract. The recitals clarify that illustration for teaching includes uses that support, enrich or complement the teaching and uses in examinations.

This exception has been implemented in the following Member States:

• In Latvia in Article 19(1) 4), Article 212, Article 54(3) 2), and Article 59(1) 4) of the Copyright Act
• In The Netherlands in Artikel 15n Auteurswet
• In Hungary in § 35/A (2) and (3), §83(2) and §84/D(3) of the Copyright Act
• In Belgium in Art. XI.191/1 7.º, Art. XI.191/2 3.º, Art. XI.217/1 6.º, Art. XI.310 §3 1.º of Code of Economic Law