Research On Constructing The Fair Use Of Text And Data Mining In China

Text and data mining is a computer technology that extracts knowledge and information from mass data through algorithms.With the development of big data,the application of text and data mining is becoming more and more extensive and important.The results it produces contribute to the progress of science and technology and the prosperity of culture.However,the fair use system of text and data mining are not involved in newly revised Copyright Law in China.On the other way,developed countries like the Europe Union and the United States,in their copyright exception regulation,define that the text and data mining should apply the provision of copyright exceptions.Therefore,it is necessary to study the construction of the fair use system of text and data mining in China.The construction of the fair use system about text and data mining technology should clarify the concept,process,and value of the technology,and then analyze the copyright legal relationship involved in the technology which concludes that this technology conforms to the constitutions of the fair use system and needs to be protected by the fair use system.Because Copyright Law in China is not involved the text and data mining,the construction of this system has its necessity and feasibility.Some foreign countries and regions provide for the fair use of data mining.The United States adopts the "unconditional exception" under the four-factor fair use standard,and the United Kingdom and the European Union adopt the "conditional exception" in the legal provisions of the fair use system.There are great differences between the two legislative models,and it is more suitable for China to construct the text and data mining fair use system by reference to the "conditional exception" model.Firstly,the construction of the fair use system about text and data mining should be based on adhering to the principle of balance of interests and clarify the legal subjective element.This paper,through the analysis of the main legal subject element of the use of text and data mining technology in society,proposes that the subjective element should not be limited to research institutions.Secondly,the objective element should be restricted,because in the process of this technical operation will involve a large amount of data,and these data should be obtained through legal means,in order to avoid copyright infringement.Finally,text and data mining should be used for scientific research purposes,and for commercial use,it should coordinate the relationship between the copyright licensing agreements and fair use system,so that text and data mining could play a greater role in the realization of the great development and prosperity of science,technology,and culture.