Høring - endringer i åndsverkloven mv. (gjennomføring av digitalmarkedsdirektivet og nett- og videresendingsdirektivet): Input on the consultation on the proposed changes to the Copyright Act (Implementation of Directive (EU) 2019/790 and Directive 2019/789) Implementing the text and data mining (TDM) exceptions

This is our joint submission to the Norwegian consultation on the proposed changes to the Copyright Act, in part implementing the text and data mining (TDM) exceptions under Articles 3 and 4, and related measures under Article 7 of the Directive (EU) 2019/790 (CDSMD).
In our response, we comment on the welcome aspects of the proposal. In addition, we suggest to take into account the following points: a) the definition of TDM should be inserted, clarifying that, for the purposes of the Copyright Act, it includes the analysis of digital and digitised works; b) the categories of beneficiaries of the TDM exception for scientific research should be detailed and include independent researchers acting for non-commercial purposes and public-private partnerships; c) the TDM exception should allow the sharing of the ‘corpus’ generated for TDM purposes for related scientific activities; d) the opt-out mechanism in § 50 e should clarify that when the content is available online, the rightsholder can expressly reserve TDM only through machine-readable means; e) the notion of lawful access in § 50 f could clarify its relationship with the use of unlawful sources; f) protection against technological protection measures (TPMs) preventing making use of an exception or limitation under § 100 shall be secured for both TDM exceptions; g) the Opphavsrettsnemnda (former Vederlagsnemnda) should be designated as board (nemnd) to consider disputes arising under § 100.