Fair Use

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Beyond the Exception: Licensing, Access, and the Realities of Text and Data Mining in the US, UK, and Singapore

This is a post by Syn Ong, AI Policy Researcher at Authors Alliance. Authors increasingly rely on text and data mining (TDM) to analyze large corpora across disciplines. Our new working paper, Beyond the Exception: Licensing, Access, and the Realities of Text and Data Mining in the US, UK, and Singapore, finds that formal legal permissions alone do not secure usable access for TDM research. Instead, usable access turns on how statutory rules interact with private licenses, platform architectures, and technological protection measures (TPMs).

AUTHORS ALLIANCE SUBMITS AMICUS BRIEF IN SEDLIK v. DRACHENBERG

The case Sedlik v. Drachenberg, currently pending before the 9th Circuit, presents the 9th Circuit a first opportunity to interpret the fair use right in the wake of the Warhol decision. Anticipating the far-reaching consequences for artists and authors, Authors Alliance filed an amicus brief in support of KVD. In our brief, we explained that (1) a distinct purpose is required for the first factor to tilt in favor of fair use, (2) a successful social media presence does not automatically render all postings “commercial,” and (3) concrete evidence is needed to prove the existence of a licensing market or the likelihood of it developing.

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