TDM and Copyright: Balancing Innovation and Legal Compliance
Introduction
The electronic analysis of extensive copyright works through a method known as 'text and data mining' (TDM) has become instrumental for researchers seeking to uncover intricate patterns, trends, and invaluable information that elude conventional human reading capabilities. This process plays a pivotal role in generating diverse and robust datasets essential for knowledge discovery and other fields, including but not limited to machine learning and deep learning – the foundational components of artificial intelligence (AI). TDM involves the systematic copying and analysis of substantial volumes of copyrighted material, utilizing statistical analysis tools to derive novel insights from extensive sets of text or data. In TDM projects of this nature, there is a possibility that the content used for mining could fall under the domain of copyright protection, thereby raising concerns about potential copyright infringement.
Applications of Data Mining across Industries
According to Data Bridge Market Research, the data mining tools market is projected to reach USD 2045.79 million by 2030, growing at a CAGR of 11.90% from USD 832.19 million in 2022. This growth is attributed to the rising data volume and increased business awareness in maximizing available data assets. Data mining is a versatile tool widely employed across industries. In mobile services, it aids in crafting targeted marketing and retention strategies. Retailers utilize it to understand customer choices, tailoring offerings accordingly. The integration of artificial intelligence relies on data mining outputs, enhancing system intelligence. E-commerce sites leverage data mining for personalized cross-selling and upselling. In computer science, it monitors system status, improves performance, detects bugs, plagiarism, and faults. Service providers like cab services use data mining to dynamically adjust pricing based on demand and supply. This succinctly highlights the broad applications and benefits of data mining.
International Developments on Copyright Exceptions for TDM
The initial phase of TDM typically involves incidentally extracting or copying data from large quantities of material, which may be protected by copyright. Consequently, this may constitute copyright and database infringement unless permitted under license or an exception. Various jurisdictions have adopted differing approaches to address this issue. In the United Kingdom, an exception to copyright for TDM was introduced in 2014, limited to non-commercial research. Several other countries, including the European Union, Japan, Singapore, and more, have also introduced copyright exceptions for TDM. Responding to concerns from the scientific and research communities about uncertainties regarding copyright infringement liability for TDM, the European Parliament and the Council adopted the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (the DSM Directive). Article 3 authorizes TDM for scientific research by research organizations and cultural heritage institutions. Meanwhile, Article 4 allows for TDM of lawfully accessible works and other subject matter for any purpose, regardless of its commercial or for-profit motive. This could benefit TDM for commercial research, investigative journalism, consumer information provision, statistical analysis, or any process of artificial intelligence.
Further, as per the Singapore Copyright Review published by Singapore’s Ministry of Law, with the aim of promoting applications of data analytics and big data across a gamut of industries, unlocking new business opportunities, speeding up processes, and reducing costs for all, it was proposed to allow copying of copyrighted materials for the purpose of data analysis, provided the user has lawful access to the materials being copied. Even the Courts of the United States of America have upheld the reproduction necessary to perform TDM as fair use, even though the content being copied into the database is copyrighted. In the case of Authors Guild, Inc. v. HathiTrust, where HathiTrust digitized works for inclusion in a database enabling data mining and textual analysis, the court ruled it to be fair use. Thus, internationally, exceptions are carved out to ensure that TDM has the latitude to flourish, fostering innovation and advancing applications across diverse industries without copyright concerns hampering its progress.
TDM and India
The application and advantages of TDM in India are becoming increasingly recognized and leveraged across various sectors. The Supreme Court of India, in the landmark case of Justice K.S.Puttaswamy (Retired). vs Union of India and Ors., recognised the importance of TDM in relation to privacy concerns. The Court held that “Data mining with the object of ensuring that resources are properly deployed to legitimate beneficiaries is a valid ground for the state to insist on the collection of authentic data.” However, concerning copyright, India has not yet witnessed specific litigation and established precedents related to TDM. The absence of specific text and data mining exceptions in India raises concerns about justifying within the fair dealing framework as provided under Section 52 of the Copyright Act, 1957.
In the case of The Chancellor, Masters & Scholars of the University of Oxford & Ors. v. Rameshwari Photocopy Services & Ors. (also known as Delhi University photocopying case), the Delhi High Court rightly observed that the copyright law aims to harmonise the rights of users and copyright holders. Thus, it was held that “…the rights of persons mentioned in Section 52 are to be interpreted following the same rules as the rights of a copyright owner and are not to be read narrowly or strictly or so as not to reduce the ambit of Section 51, as is the rule of interpretation of statutes in relation to provisos or exceptions.”
Conclusion
TDM stands as a powerful and indispensable tool, particularly within the realm of Artificial Intelligence. While copyright laws play a crucial role in safeguarding the legitimate rights of copyright holders, they should not serve as a barrier to scientific development and exploration. Notably, in many jurisdictions, including India, there is a lack of specific policies or legislation dedicated to TDM. However, existing copyright legislation emphasizes conditions under which TDM may fall under fair use. It is essential for legal frameworks to evolve, striking a balance between protecting intellectual property rights and fostering innovation in the dynamic landscape of TDM and Artificial Intelligence.
References:
755 F.3d 87 (2d Cir. 2014)
Writ Petition (Civil) No. 494 of 2012, (2017) 10 SCC 1
RFA(OS) 81/2016
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