Study On Copyright Issues Of Text And Data Mining In The Era Of Artificial Intelligence

Text Due to the difficulty of applying existing copyright fair use types and the lack of basis for creating new fair use types in judicial practice,text and data mining activities face infringement risks such as reproduction rights and dissemination rights under the framework of China’s copyright law.Text and data mining is one of the fundamental technologies in the era of big data and an important driving force of the new round of industrial changes.The study of its related legal issues is conducive to further releasing the potential power in data resources and promoting the overall leap of social productivity.Therefore,it is necessary to encourage the development of text and data mining technology within a reasonable legal framework,strengthen forwardlooking prevention and restraint guidance,reduce the risk of infringement,and ensure the safe,reliable and controllable development of text and data mining technology.Chapter 1 is the introductory part,which mainly introduces the research background,significance,research status and research ideas and methods of text and data copyright issues.During the development of technology,there are many works in the sense of copyright law being used as learning objects of text and data mining,which gives rise to the infringement problem at the level of copyright law.The relevant discussions by domestic and foreign scholars mainly focus on the relationship between text and data mining and fair use,the path of legal regulation,etc.,and there are not many discussions on the specific system design.Chapter 2 analyzes the sources of the risk of copyright infringement from the concept,technical process and technical characteristics of text and data mining,and then draws out the challenges and impacts formed by the technology for China’s copyright law.The operation of text and data mining activities can be roughly divided into three stages: data acquisition,data processing and knowledge representation,which exhibit characteristics of public non-contact,concealment and low density compared with the traditional use of works,and differ greatly from human’s reading of works,making it difficult for the existing copyright system to reasonably regulate the technology.Chapter 3 mainly analyzes the types of fair use in China’s copyright law that may be applicable to the acts of text and data mining.Through the analysis,it can be seen that the infringement acts of this technology mainly focus on the way of access to and utilization of information resources by text and data mining and the expressive use of works by the output results.Moreover,it is difficult for text and data mining to meet the requirements of existing copyright fair use types,which may infringe the reproduction right,adaptation right and information network dissemination right in copyright.However,the setting up of fair use rules for text and data mining meets the realistic needs of technological development and the legislative purpose of copyright law,and is in line with the requirements of the "three-step test" in international treaties,which is justified and feasible.Chapter 4 analyzes the EU Single Digital Market Copyright Directive,the UK copyright law,the US copyright law and jurisprudence to sort out the foreign adjustment methods for text and data mining fair use.It is not difficult to find that the EU and the UK have provided for stricter rules on copyright exceptions for text and data mining,which provide stronger protection for right holders.The United States,on the other hand,does not specifically provide for text and data mining exception rules,and its fair use judgment standards are determined through judicial precedents,with commerciality and whether the source is legitimate not being taken into consideration,and the protection for rights holders of works is weaker.Chapter 5 proposes corresponding countermeasures to the existing problems,mainly adopting the principle of "balance of interests" commonly used in the study of civil law and intellectual property law as the basis for the establishment of the system,and then proposes the improvement of the text and data mining provisions in China based on overseas experience and the purpose of copyright law and fair use system.In terms of the scope of works,the legality and openness of the source of works are the prerequisites for the fair use of text and data mining;in terms of the applicable subjects,individuals and enterprises other than scientific research institutions are included in the scope of the subjects of fair use,so as to protect the public’s freedom of scientific research;in terms of the purpose of use,the restrictions of commercial interests and scientific research purposes are broken through,but the realization of public interests is still the primary purpose,while In terms of the purpose of use,it breaks through the restrictions of commercial interests and scientific research purposes,but still takes the realization of public interests as the primary purpose,while taking into account the economic interests of users.Chapter 6 mainly summarizes the aforementioned,in addition,the adaptation of text and data mining fair use regimes to other regimes needs to be further studied.