Document Type : Original Article
Author
PhD, Assistant Professor, Information Management and Knowledge Organization department, National Library and Archives of Iran
Abstract
Purpose:This study aims to examine research exceptions for Text and Data Mining (TDM) in the copyright and related rights frameworks of selected jurisdictions, and to propose an appropriate legal framework for Iran, particularly for implementation in libraries.
Methodology:Employing a comparative approach and content analysis, this research reviewed laws and regulations in eight jurisdictions regarding TDM research exceptions., as well as legislation from the United States and United Kingdom, were also analyzed.
Findings:In terms of enforcement, leading jurisdictions generally create a “safe harbor” through exceptions, with general enforcement mechanisms applied only in cases of overreach. Enforcement mechanisms vary, including criminal liability (France, China), civil remedies (Germany), and administrative sanctions (China). Two main approaches to technological protection measures were identified: (1) strong protection with periodic exceptions (United States, DMCA), and (2) protection within lawful access frameworks without guaranteed TDM benefits (EU, Germany).
Conclusion: Effective TDM exceptions should meet three essential criteria:be explicitly provided in a standalone legal provision; assign a privileged status to scientific, research, and cultural institutions such as libraries and universities, and; clearly define conditions for exercising the exception, including lawful access, purpose limitation to data analysis, prohibition of secondary exploitation, and alignment with technological protection measures.
Value:The research formulates objective and implementable legislative proposals based on compatibility with Iran’s legal principles and consideration of the needs of scientific and cultural institutions such as libraries. It thereby takes a practical step toward addressing the current legal gap and facilitating the legitimate use of analytical technologies in the country's research environment.
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