Text and Data Mining Exceptions Under the CDSM Directive

Abstract

This study examines the copyright issues arising from text and data mining (TDM), the exceptions provided for TDM under Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market (CDSM Directive), and the adequacy of these rules for artificial intelligence training. TDM enables patterns, trends, and meaningful information to be identified through the automated analysis of large collections of text and data. However, this process may require reproducing protected works or extracting database contents, which could interfere with exclusive rights. Article 3 of the CDSM Directive provides a mandatory exemption for scientific research carried out by research organizations and cultural heritage institutions, while Article 4 establishes a broader exception subject to the rightsholder’s right to reserve such uses. This study argues these provisions to be insufficient for addressing the specific characteristics of artificial intelligence training and further argues that Türkiye should not simply transpose the CDSM framework but instead develop a regime tailored toward balancing artificial intelligence development, cultural heritage, Turkish-language data resources, and rightsholders’ interests through transparency, equitable remuneration, and collective licensing mechanisms.