Act of Copying Sample Clauses

Act of Copying. Copying: the act of crawling certainly involves the reproduction of content and hence activates the reproduction right. According to the Copyright Directive4 any form of reproduction direct, indirect, temporary or permanent falls under the relevant economic rights of copyright and related rights holders and hence is regulated by copyright. In the case of crawling, the reproduction of the material could involve various quantities of material and could be temporary or permanent. In most of the cases of crawling for Language Technology purposes, the amount of material copied would be substantial both in qualitative and quantitative terms. It will be quantitatively substantial because otherwise there is not enough data for the LTs to perform operations that provide a meaningful result (the data driven paradigm based on statistical modeling). It will also be qualitatively substantial, because it has significance for the entity performing the processing and the parts of the material collected are by definition significant for the entity making the collection. The temporality of the copying is also a significant factor, but it is clear that in the case of crawling for language resource processing there is very little of the temporary copying falling under article 55 of the Copyright Directive. This is because such temporary copying is allowed only in the case where it is used in order to facilitate either the transmission in a network between third parties by an intermediary or a lawful use which has no independent economic significance. It is almost impossible that even such a temporary reproduction in the LT context would fall under this exception since it does by definition have an economic significance. In any case, there are recent developments in national copyright legislation, particularly in Germany and France, where draft legislation has been proposed introducing a “snippeting right” with duration of a year. Under this new right news publishers would be able to license out snippeting rights for a royalty and start proceedings against those found to infringe their newfound neighbouring right. They would also be able to grant permission to reproduce to the relevant intermediaries for free. This is a trend that follows the two Infopaq cases decided by the European Court of Justice in 2009 and 2012 respectively and having been the result of heavy criticism by copyright academics and practitioners. In the Infopaq I case, the Court decided that snippets of 11 ...
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