Abstract The debate on the digital copyright directive has focused mostly on Articles 15 and 17, respectively regarding the protection of press publications concerning online uses and the use of copyrighted content by Internet Service Providers. The exceptions and limitations to copyright for Text and Data Mining, as well as those for digital teaching activities and preservation of cultural heritage, dictated by articles from 3 to 7 of the directive, however, appear to be even more relevant, both from an economic point of view and for the theoretical profiles involved. Also in these matters, the solutions offered by the directive appear to be the result of a compromise between the positions of the users and the right holders on the works used. The rules traced by the directive appear in some cases unbalanced in favour of the right holders, especially in comparison with the regulations in force in other legal systems. The wide discretion left to the Member States in implementing certain measures, however, suggests that the debate on the scope of those exceptions will continue, and probably will require that the Court of Justice clarifies their effective scope.

Le eccezioni per estrazione di testo e dati, didattica e conservazione del patrimonio culturale, / Mansani, Luigi. - In: AIDA. ANNALI ITALIANI DEL DIRITTO D'AUTORE, DELLA CULTURA E DELLO SPETTACOLO. - ISSN 1720-4259. - 28(2019), pp. 3-21.

Le eccezioni per estrazione di testo e dati, didattica e conservazione del patrimonio culturale,

Luigi Mansani
2019

Abstract

Abstract The debate on the digital copyright directive has focused mostly on Articles 15 and 17, respectively regarding the protection of press publications concerning online uses and the use of copyrighted content by Internet Service Providers. The exceptions and limitations to copyright for Text and Data Mining, as well as those for digital teaching activities and preservation of cultural heritage, dictated by articles from 3 to 7 of the directive, however, appear to be even more relevant, both from an economic point of view and for the theoretical profiles involved. Also in these matters, the solutions offered by the directive appear to be the result of a compromise between the positions of the users and the right holders on the works used. The rules traced by the directive appear in some cases unbalanced in favour of the right holders, especially in comparison with the regulations in force in other legal systems. The wide discretion left to the Member States in implementing certain measures, however, suggests that the debate on the scope of those exceptions will continue, and probably will require that the Court of Justice clarifies their effective scope.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11381/2872756
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