[Yong Shook Lin Professorial Lecture] Compliance of National TDM Rules with International Copyright Law – An overrated Non-Issue?
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- [Yong Shook Lin Professorial Lecture] Compliance of National TDM Rules with International Copyright Law – An overrated Non-Issue?
January
19
Thursday
Speaker: | Professor Martin Senftleben University of Amsterdam |
Moderator: | Professor Ng-Loy Wee Loon NUS Law |
Time: | 6:00 pm to 7:30 pm (SGT) |
Venue: | Wee Chong Jin Moot Court NUS Bukit Timah Campus 469 Bukit Timah Road |
Type of Participation: | Open To Public |
Description
Seeking to devise an adequate regulatory framework for text and data mining (TDM), countries around the globe have adopted different approaches. While considerable room for TDM can follow from the application of fair use provisions (US) and broad statutory exemptions (Japan), countries in the EU rely on a more restrictive regulation that is based on specific copyright exceptions. Surveying this spectrum of existing approaches, lawmakers in countries seeking to devise an appropriate TDM regime may wonder whether the adoption of a restrictive approach is necessary in the light of international copyright law. In particular, they may feel obliged to ensure compliance with the three-step test laid down in Article 9(2) of the Berne Convention, Article 13 of the TRIPS Agreement and Article 10 of the WIPO Copyright Treaty.
Against this background, the talk raises the question whether international copyright law covers TDM activities at all. TDM does not concern a traditional category of use that could have been contemplated at the diplomatic conferences leading to the current texts of the Berne Convention, the TRIPS Agreement or the WIPO Copyright Treaty. It is an automated, analytical type of use that does not affect the expressive core of literary and artistic works. Arguably, TDM constitutes a new category of copying that falls outside the scope of international copyright harmonization altogether (see the paper available at https://ssrn.com/abstract=4134651).
Fees Applicable
Complimentary
Registration
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CPD Points
1
Practice Area: Intellectual Property
Training Level: Foundation
Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.