The article elaborates on the copyright infringement characterization of Text and Data Mining(TDM)in various stages of data collection,processing and output.It analyzes the rationality of TDM and its legal dilemma in China,including the subject and purpose limitations of personal use clauses,the purpose and quantity limitations of appropriate citation clauses,the purpose,subject,and quantity limitations of teaching and research clauses,as well as the scope and purpose limitations of media and library clauses.Based on the regulation modes and characteristics of TDM copyright abroad,this paper proposes strategies for constructing TDM copyright rules in China,which involves selecting an appropriate TDM copyright exception regulation model,constructing specific TDM copyright exception rules,and clarifying the obligations of data content rights holders.
关键词
文本与数据挖掘/TDM/合理使用/版权例外/版权规制/解释论/数字环境
Key words
Text and data mining/TDM/Fair use/Copyright exception/Copyright rules/Interpretive theory/Digital environment