Is Licensing the Answer to Existing Copyright Impediments to Data Mining? Different Licensing Models and their Feasibility

Author: Christian Geib (University of Strathclyde)

Data Mining denotes an automatic or semi-automatic process of exploration and analysis of large quantities of structured data in order to discover pattern and rules. The process of data mining allows researchers to extract explicit and implicit information from data. Data mining involves scanning data, often in the form of expressive content such as scientific journal articles, and placing it into repositories. During this process at least one copy is made. This, if not permitted by author or publisher, is prima facie infringing copyright. The threat of infringement could impede the adaption of this beneficial technology. This paper/session briefly describes how present copyright/sui generis database exceptions are either not applicable or do not provide sufficient defences. The paper/session the introduces various types of licenses such as individually negotiated B2B and B2C licenses, compulsory licences, open licenses such as Creative Commons licenses or new standard licensing scheme. The paper/session considers the role and types of licenses discussed in the context of the European Commission’s Horizon 2020 program, the debate about the Digital Single Market and the ‘Licensing in Europe Stakeholder Dialogue’. The paper/session finally will review the feasibility of various license solutions for different industries.

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