Research On The Fair Use Of Works In Text And Data Mining

There are a series of copyright risks in the technical operation process of text and data mining,which constitute reproduction right infringement in the mining object acquisition stage,deductive right infringement in the mining object preprocessing stage,and suspected information network dissemination right infringement in the mining result expression stage.There are three possible ways to achieve a breakthrough in the legal system,but among them,the licensing cost of the work is too high,legal licensing is difficult to implement,and there is only room for fair use.However,the first 12 items of Article 24 of the copyright Law cannot provide appropriate exemptions,such as "personal use","proper citation","teaching,scientific research","library collection needs" can not cover all the text and data mining,there are obstacles to the application of the law.It is legitimate to put text and data mining into copyright law to explore the application of fair use system,which is embodied in three aspects: at the constitutional level,the development of scientific and technological productive forces runs through the development history of our constitution and has the attribute of human rights.Text and data mining is an important force to develop productive forces and promote knowledge discovery,and the right restriction based on freedom of expression is the constitutional basis for the rational use of text and data mining works.At the social public welfare level,the rational use of text and data mining works has additional public welfare,especially in the field of scientific research;at the economic level,there is the problem of transaction cost between text and data mining works.fair use is an effective way to achieve the optimal allocation of knowledge resources,and the rational use of text and data mining works can achieve the optimal allocation of resources.It is assumed that the copyright exception rule of text and digital mining technology has been created in the copyright law of our country,which meets the judgment elements of the last two steps of the "three-step testing method".The rational use of text and data mining works does not affect the normal use of works,because such works do not necessarily affect the market of the original works,and generally involve very little proportional content;the reasonable use of text and data mining works are all unreasonable damage to the legitimate rights and interests of the copyright owner,which can be demonstrated from the nature of the original work in the four-element analysis method.From this,we can get the institutional soil for the development of copyright exception rules of text and digital mining technology in our country.The fair use of text and data mining works should be restricted by legislation.Although the fair use of principle provisions is of positive significance in judicial practice,the new copyright Law defines a relatively closed legal range.Therefore,it is the most practical way to bring it into the legal situation of fair use in the follow-up administrative regulations such as the regulations on the implementation of the copyright Law,that is,"in order to realize the value of public interest." Text mining and data mining of works by means of reproduction,adaptation and limited dissemination constitute a reasonable use ".