Die urheberrechtliche Beurteilung des Text und Data Mining in Europa und den USA aus rechtsvergleichender Sicht

„The Right to Read is the Right to Mine“ is the demand of various research institutions from Europe and the US. Computational analysis of content using Text and Data Mining (TDM) should be legal, even if the content is protected under copyright law. How does copyright law resolve the conflict between the interests of rights holders to protect their content and the interests of scientists and industry in free research and development? While the European legislator has created specific protection barriers for affected intellectual property rights, the legal assessment of TDM in the US is based on the Fair Use Analysis. This monography compares the two regulatory regimes and evaluates them from a legal policy perspective.