Measuring Change in Copyright Exceptions for Text and Data Mining

Authors

Michael Palmedo, American University Washington College of LawFollow
Momina Imran, American University Washington College of LawFollow
Miguel Alvarenga, American University Washington College of LawFollow
Luca Schirru, Centre for IT & IP Law, KU LeuvenFollow
Duc Le, American University Washington College of LawFollow

Document Type

Article

Publication Date

5-2023

Abstract

Copyright exceptions for researchers are under debate at the World Intellectual Property Organization and within domestic governments, yet empirical research in this area is rare. In this early working paper, we aim to add to this nascent body of research. We expand PIJIP’s previous review and classification of copyright exceptions in WIPO Members’ laws by tracing changes in the laws over time. We find that most countries have copyright exceptions allowing some unauthorized uses for research purposes. However, most countries’ exceptions restrict some mix of the users, uses, or types of works that are allowed. High-income countries tend to be more permissive of researcher’s unauthorized uses, than countries in other income groups, and their laws have grown slightly more permissive over the past two decades. Former British colonies with a history of fair dealing tend to be more permissive than other countries, but they are becoming less permissive on average as they amended their laws.

Recommended Citation

Michael Palmedo, Miguel Alvarenga, Momina Imran, Duc Le, and Luca Schirru. "Measuring Change in Copyright Exceptions for Text and Data Mining," PIJIP/TLS Research Paper Series no. 98. https://digitalcommons.wcl.american.edu/research/98