The subject is technical but fundamental to the AI dossier in Europe: Germany is backing a revision of the 2019 Copyright Directive to remove the « text and data mining » exception. Many AI developers explain that they have relied on this exception to train their tools. In 2019, the legislator introduced into European law an exception to copyright known as « text and data mining ». This measure is contained in Articles 3 and 4 of the Copyright Directive, adopted in 2019. Article 3 states that researchers may use all kinds of data, including copyrighted material, for the purposes of their research. Article 4 states that commercial entities may also do so, but there is an exception to the exception here: in this case, rights holders can expressly reserve their rights (« opt out ») so that this search cannot take place. According to our information, Germany is currently lobbying the Council and the European Commission to reopen the 2019 directive, in order…
