Application of Copyright Exceptions Under Text and Data Mining Technology

In the era of big data, TDM technology plays an important role in scientific research, business, public health and other fields. However, the use of TDM technology still involves the risk of copyright infringement. When the legality of the use of TDM technology is unclear, because the data itself may be protected by copyright or sui generis right, TDM users need to pay a large amount of money. The cost and time of using TDM technology have greatly increased, hindering the application of TDM technology in various fields. Currently, China does not provide copyright exceptions for the use of TDM technology. Therefore, it is necessary to provide legal and technical guarantees for the development of TDM technology. Based on the legislative experience of the United States, Japan and the European Union, improvements can be made from the legal and technical aspects. At the legal level, TDM technology can be added to the existing fair use clauses, and impose restrictions on the purpose of technology use and the legality of data sources; At the technical level, a technical path for TDM copyright management and screening can be used to pre-screen data and exclude copyrighted data from the database, to reduce the risk of infringement of TDM technology.