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Contract terms that stop researchers making copies to carry out text and data mining will be unenforceable. Publishers and content providers will be able to apply reasonable measures to maintain their network security or stability but these measures should not prevent or unreasonably restrict researcher’s ability to text and data mine. Researchers will still have to buy subscriptions to access material this could be from many sources including academic publishers. This exception only permits the making of copies for the purpose of text and data mining for non-commercial research. Text and data mining usually requires copying of the work to be analysed.Īn exception to copyright exists which allows researchers to make copies of any copyright material for the purpose of computational analysis if they already have the right to read the work (that is, they have ‘lawful access’ to the work). Text and data mining is the use of automated analytical techniques to analyse text and data for patterns, trends and other useful information. Text and data mining for non-commercial research If your use is for non-commercial research you must ensure that the work you reproduce is supported by a sufficient acknowledgement. Where the impact is not significant, the use may be acceptable. In assessing whether your use of the work is permitted or not you must assess if there is any financial impact on the copyright owner because of your use. The purpose of this exception is to allow students and researchers to make limited copies of all types of copyright works for non-commercial research or private study. Such use is only permitted when it is ‘fair dealing’ and copying the whole work would not generally be considered fair dealing. You are allowed to copy limited extracts of works when the use is non-commercial research or private study, but you must be genuinely studying (like you would if you were taking a college course). Non-commercial research and private study
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These can be found in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended).
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There are certain very specific situations where you may be permitted to do so without seeking permission from the owner. As well as owning copyright works yourself, you may wish to make use of someone else’s copyright protected works.
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