Latvia has implemented the Text and data mining for scientific research (Art. 3 DSM) exception in Article 19(1) 4), Article 212, Article 54(3) 2), and Article 59(1) 4) of the Copyright Act. The national exception closely resembles the EU exception.

Implementation summary:

Latvia has a general text and data mining (TDM) exception for research purposes (Article 212) that follows Article 3 of the DSM Directive closely, except that it is not limited to scientific research. This general exception applies to performances, phonograms, film fixations, broadcasts and press publications (Article 54(3) 2)). In addition, there is a specific exception for TDM for research purposes applicable to databases protected by the sui generis right, subject to the same conditions (Article 59(1) 4)). None of the exceptions are subject to compensation.

Implementation details:

Beneficiaries:

• research organisations and cultural heritage institutions

Purposes:

• to perform text mining and data mining for research purposes

Usage:

• reproduction of lawfully accessible works, performances, phonograms, film fixations, broadcasts, press publications
• extraction of lawfully accessible databases protected by sui generis rights

Subject Matter:

• lawfully accessible works, performances, phonograms, film fixations, broadcasts, press publications, databases protected by sui generis right

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• map[lawful access:the beneficiary must have lawful access to the works or other subject matter used under the exception]
• map[storage and retention:copies shall be stored with an appropriate level of security and may be retained for as long as it is necessary for research purposes, including the verification of research results]
• map[3-step test:exceptions shall be applied in such a way that they do not conflict with the normal exploitation of the author's work and do not unreasonably prejudice the legitimate interests of the author]

Introduced/last updated: 23 March 2023

Remarks: There is a general text and data mining (TDM) exception for research purposes, covering reproductions of copyrighted works (Article 19(1) 4) and Article 212,) as well as reproductions of performances, phonograms, film fixations, broadcasts and press publications (Article 54(3) 2)). In addition, there is a specific TDM exception for research purposes applicable to the extraction of databases protected by the sui generis right, which is subject to the conditions set forth in the general TDM exception (Article 59(1) 4)). The TDM exceptions for research purposes follow Article 3 of the DSM Directive closely, except that they are not limited to scientific research.