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White Paper — Open Science in a Digital Republic — Strategic Guide

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Scientific and Technical Information Department - CNRS

Appendix

Analytical table comparing different TDM legislation

Texte intégral

France

European Union

United Kingdom

United States

Japan

Legal basis

Exception to copyright and the rights of database producers: right of digital copying and reproduction for purposes of TDM

Exception to copyright and the rights of database producers: right to reproduce or extract for purposes of TDM

Exception to copyright for purposes of “computational analysis”

Court ruling
Fair use exception

Exception to copyright for purposes of “information analysis” for comparison, classification or statistical analysis

Scope

Mining of text and data included in or associated with scientific texts

TDM on works or other objects

Works and all associated data

Works

Information of all types

Beneficiary

/

Research organisations (the notion is broadly defined in Article 2 of the proposed Directive)

/

Parties to the dispute

/

Limit

TDM limited to the needs of scientific research/in a research context
Non-commercial purpose
Lawful source/lawful access to the texts and data to be mined

TDM limited to the needs of scientific research
Non commercial purpose
Lawful access to the material to be mined

Limited to the needs of research
Lawful access
Sufficient acknowledgement
No copy may be transferred to any other person/No copy may be transferred or licensed by contract

Non-commercial purpose
Nature of work protected by the copyright
Portion of the work used
No financial effect of the use

Not limited to public research or to non commercial purposes

© OpenEdition Press, 2017

Conditions d’utilisation : http://www.openedition.org/6540

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