Latvia has implemented the Exception or limitation for text and data mining (Art. 4 DSM) exception in Article 19(1) 3), Article 211, 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 all purposes (Article 211) that follows Article 4 of the DSM Directive closely, except that they mandate that the rights reservation must be communicated in machine-readable form in the case of content made publicly available online. This 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 all 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:

• anyone

Purposes:

• for text mining and data mining

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, computer programs, 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[retention:copies may be retained for as long as is necessary for the purposes]
• map[rights reservation:the exception shall apply on condition that the use of works and other subject matter has not been expressly reserved by their rightholders, by clearly informing about it in an appropriate manner, which in the case of content made publicly available online must be in machine-readable form]
• 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 all purposes, covering reproductions of copyrighted works (Article 19(1) 3) and Article 211) 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 all 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 all purposes follow Article 4 of the DSM Directive closely, except that they mandate that the rights reservation must be communicated in machine-readable form in the case of content made publicly available online.