Understanding Rights Reservation for Text & Data Mining under EU Law

Text and Data Mining (TDM) refers to automated techniques to analyse large volumes of text and data, often sourced from publicly available content on the web, to train AI models, including general-purpose and generative systems.

However, this practice raises significant copyright considerations. For that reason, Article 4(3) of Directive (EU) 2019/790 gives right holders the option to reserve their works from text and data mining for commercial purposes by using a machine-readable format.

Complementing this, Article 53(1)(c) of the AI Act requires providers of General Purpose AI (GPAI) models to identify and respect these reservations when sourcing data for training their AI models.

Together, these provisions establish a clear legal framework that balances innovation with copyright protection, reinforcing transparency across the European Union.

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