Research On The Construction Of Fair Use System Of Copyright In Text And Data Mining

Text and data mining refer to the behavior of using computer analysis techniques to process,analyze,and mine large amounts of text and data to obtain useful information and knowledge.Text and data mining has high market demand and huge economic value,but in the application process,it requires massive sample data as the basic material for analysis,some of which are copyrighted works enjoyed by the copyright owners.Therefore,text and data mining have infringement risks in practical applications.China’s copyright law has made provisions for the reasonable use system in a listing manner,but text and data mining is still not included in these circumstances.In contrast,most other countries have set up special exemption clauses for text and data mining to provide exemptions.Therefore,it is necessary for China to make adaptive changes to the reasonable use system.By clarifying the basic issues of text and data mining,analyzing the difficulties in applying the reasonable use system,and demonstrating the legitimacy of applying the reasonable use system to text and data mining,this article proposes a design idea for constructing an exception clause for text and data mining in China through comparative analysis of the feasibility of legislative and judicial practices of text and data mining in the United States,Japan,the European Union,the United Kingdom,and other countries or regions.The behavior object is legally obtained,published works,the purpose of use includes scientific research and other reasonable public interest purposes,and the behavior modes include copying,deduction,and dissemination,with other conditions being restricted,thus building an exception clause for text and data mining in China to meet the needs of the times.