03.11.2021
Droit, Enseignement supérieur et recherche, Innovation, Ressources scientifiques et techniques
Librarian of Congress Adopts Research-Friendly Exemptions to Section 1201
« On October 27, 2021, the Librarian of Congress issued new exemptions to the prohibition on the circumvention of technological protection measures set forth in the 17 U.S.C. 1201. Several of these exemptions adopted in the triennial section 1201 rulemaking explicitly support research activities. Moreover, the 350-page recommendation of the Register of Copyright, on which the Librarian based the exemptions, provided a detailed analysis of the lawfulness of the underlying research activity necessitating the exemption. (…) »
Text and Data-Mining
The Register’s recommendation found that the ingestion of entire literary works and motion pictures for the purpose of engaging in noncommercial text and data-mining constitute a fair use under prevailing case law. On the basis of this recommendation, the Librarian granted an exemption to researchers affiliated with nonprofit institutions of higher education to deploy text and data mining techniques on a corpus of motion pictures or literary works for the purpose of scholarly research and teaching. (…) »
