Text and data mining for scientific research (Art. 3 DSM)

This (mandatory) exception allows certain research organisations and cultural heritage institutions to reproduce works and other protected subject matter (other than software), as well as to extract the contents of databases, in order to perform text and data mining for the purposes of scientific research. Only those materials to which they have lawful access to can be mined under this provision. Copies created in the course of text and data mining can be stored with an appropriate level of security, and there is no limit on how long they can be stored. The permitted uses are not subject to compensation. The exception cannot be overridden by contract. The recitals clarify that illustration for teaching includes uses that support, enrich or complement the teaching and uses in examinations.

This exception has been implemented in the following Member States:

In Poland in Article 26² of the Copyright and Related Rights Act
In Bulgaria in Article 26g of the Copyright and Neighbouring Rights Law (Член 26ж от Закона за авторското право и сродните му права).
In Greece in Article 21A of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues
In Portugal in Article 75(v) Código do Direito de Autor e dos Direitos Conexos
In Denmark in § 11c of the Copyright Act
In Finland in §13b(2) of the Copyright Act
In Latvia in Article 19(1) 4), Article 21², Article 54(3) 2), and Article 59(1) 4) of the Copyright Act
In Sweden in Article 15b of the Act (1960:729) on copyright in literary and artistic works
In France in Article L122-5, 10° i.c.w. art. L.122-5-3, para II of the Intellectual Property Code
In Czech Republic in Section 39d of the Copyright Act
In Slovenia in Article 57b of the Copyright and Related Rights Act
In Belgium in Art. XI.191/1 7.º, Art. XI.191/2 3.º, Art. XI.217/1 6.º, Art. XI.310 §3 1.º of Code of Economic Law
In Romania in Article 36^1 of the Law No 8/1996 on copyright and related rights
In Slovakia in Section 51b of the Copyright Act
In Lithuania in Article 22¹ of the Law No VIII-1185 on Copyright and Related Rights
In Estonia in §19¹ of the Copyright Act.
In Luxembourg in Article 10, 15° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données
In Italy in Article 70-ter of the Law for the Protection of Copyright and Neighbouring Rights
In Ireland in Sections 53A of the Copyright and Related Rights Act
In Spain in Article 67, para 4 of Royal Decree-Law 24/2021, Title IV
In Croatia in Article 187 of the Copyright and Related Rights Act
In Germany in Section 60d Urheberrechtsgesetz – UrhG
In Malta in Article 4 of S.L. 415.08 of the Laws of Malta
In The Netherlands in Artikel 15n Auteurswet
In Austria in Section 42h (1)-(5) of the of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
In Hungary in § 35/A (2) and (3), §83(2) and §84/D(3) of the Copyright Act
In Cyprus in Section 24 of the Copyright Law