Scientific TDM exception and communication to the public: did Italians do it better … or at least not worse?
Bernardo Calabrese · Journal of Intellectual Property Law & Practice · 2022
The present contribution relates to the research work of the Team F.I.L.M. 4.0 in the context of the IUSTeC Excellence Project ‘Diritto, Tecnologie e Cambiamenti’ (Law, Technologies and Changes) of the Department of Law, University of Verona, Italy. In the context of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (hereinafter ‘Dir. DSM’), the normative exceptions for text and data mining (TDM) introduce a harmonized discipline for such computational activity,1 which has a strategic role for the development of new digital services, including those based on artificial intelligence technologies.2 Beyond its technical complexity and leaving aside any further issue related to the (EU) agenda on digital markets and services,3 TDM has to face the interference with IP rights that may protect the mining sources, including copyright, in its alleged extension to any partial—if not minimal—reproduction of the work, and the...