IDEAS home Printed from https://ideas.repec.org/a/oup/jiplap/v19y2024i5p453-459..html
   My bibliography  Save this article

The text and data mining opt-out in Article 4(3) CDSMD: Adequate veto right for rightholders or a suffocating blanket for European artificial intelligence innovations?

Author

Listed:
  • Gina Maria Ziaja

Abstract

By introducing Article 4 in Directive 2019/790 (CDSMD), the European Union legislator intended to both encourage innovation and to provide more legal certainty for text and data mining (TDM) activities. That said, it appears that this provision does not strike a fair balance between the interests of rightholders and Artificial Intelligence (AI) developers.This article argues that Article 4(3) CDSMD does not necessarily strengthen the rightholders’ position whilst potentially hindering the advancement of AI developments in the European Union. It is unclear how the reservation of rights shall be realized in practice.By imposing transparency obligations on AI system providers, the upcoming Artificial Intelligence Act may however allow rightholders to make more effective use of the opt-out mechanism.

Suggested Citation

  • Gina Maria Ziaja, 2024. "The text and data mining opt-out in Article 4(3) CDSMD: Adequate veto right for rightholders or a suffocating blanket for European artificial intelligence innovations?," Journal of Intellectual Property Law and Practice, Oxford University Press, vol. 19(5), pages 453-459.
    • Handle: RePEc:oup:jiplap:v:19:y:2024:i:5:p:453-459.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jiplp/jpae025
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jiplap:v:19:y:2024:i:5:p:453-459.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jiplp .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.