Text and data mining for non-commercial research: the UK’s planned exception to copyright UK Government 22 April 2013, Brussels

Importance of Copyright The copyright system is an important part of the UK’s social and economic infrastructure Copyright is key to the business model of many businesses This system supports world-class content industries, which together make up around 3% of the UK’s economy and contributes to the UK’s wealth, export performance and cultural significance on the world stage Consumers have gained from greater choice and availability of content services 2

Background to the proposal November 2010: UK Prime Minister commissioned an independent review of Intellectual Property and Growth, led by Professor Ian Hargreaves. November – May 2010: the Hargreaves Review gathers evidence and meets a wide range of stakeholders May 2011: the Review delivers its report to UK Ministers. Recommendations include: -a Digital Copyright Exchange to improve licensing for copyright works -a UK-level exception to copyright to support use of text and data mining for non-commercial research 3

Why consider an exception to copyright for these new technologies? Text and data mining technologies do not appear to be well supported by the current UK implementation of the research exception, which was established before the technologies became widely available Not clear how the technologies are treated within other states, UK Government focused on domestic action Using technologies to find new relationships between facts does not undermine the primary market for access to research works Text and data mining have the potential to deliver significant public benefits in terms of increased research at lower cost 4

Consultation August 2011: UK Government responds to Hargreaves Review, agreeing to its recommendations December 2011: UK Government launches consultation on this and a number of other proposals to update the UK copyright framework December 2012: UK Government publishes “Modernising Copyright: A modern, robust and flexible framework”, confirms the UK Government will legislate to create an exception to copyright to support text and data mining for non-commercial research in the UK 5

Why UK research organisations believe an exception to copyright is appropriate Researchers want to use text and data mining technologies to read works to which they already have legitimate access, for instance by paid subscription Copyright was not established to limit the use of technology to read works, and it should not be extended to do that Copyright has traditionally focused on restricting uses of expressions, not of facts It is not necessary to restrict text and data mining in order to incentivise creation of further works, and liberalising the use of text and data mining can ultimately produce more new research works 6

UK Government commitment The Government proposes to amend the UK Copyright, Designs and Patents Act 1988 Act so that it is not an infringement of copyright for a person who already has a right to access a work (whether under a licence or otherwise) to copy the work as part of a technological process of analysis and synthesis of the content of the work for the sole purpose of non-commercial research. This will enable key research without undermining publishers’ control over IT systems or commercial exploitation. 7

Safeguards The exception will not prevent a publisher from applying technological measures on their networks in order to maintain security or stability The exception does not prevent publishers from offering additional services The exception will not allow redistribution of the primary works, or substantial parts of those, which would remain restricted by copyright 8

Next steps UK Government will publish draft regulations for technical review in the near future 9