A first national interpretation of the EU’s text-and-data mining exceptions—a broad interpretation of mining and opt-outs

Abstract

In its decision in LAION e.V. vs Kneschke the District Court of Hamburg delivers the first ruling on the interpretation of arts 3 and 4 of the Directive on copyright and related rights in the Digital Single Market. The ruling carries significance for the interpretation of the EU text and data mining (TDM) exceptions. The German court interpreted the exception for research organizations broadly, encompassing organizations whose purpose it to solely curate datasets. It also gave an obiter on the nature of a machine-readable opt-outs, with which right holders can reserve their rights under the commercial TDM exceptions, suggesting that a reservation expressed in natural language complies with EU law.