TEXT AND DATA MINING RESERVATION
The Estonian Association of Audiovisual Authors (EAAL) represents authors of audiovisual works and their successors and, as a collective management organisation, manages the economic rights of its members. An audiovisual work combines images and sounds and is created for presentation using the appropriate technical equipment. Such works include, for example, films and television shows.
What is an artificial intelligence?Artificial intelligence (AI) is a general term used to define any system that can perform tasks using seemingly human intelligence, imitating human understanding, decision-making, and creativity. One subfield of AI is generative artificial intelligence, which focuses on creating new and unique content, such as texts, images, music, and videos, and can create content that has not existed before through
the machine processing of large amounts of data. AI systems are developed and taught by collecting large amounts of information from digital databases through automated software tools. Processing large amounts of data allows an AI to understand and recognise different patterns and trends. For example, AI can analyse different films and thus replicate their content or process and adapt various
scenes, or even create an entirely new film on its own. EAAL supports responsible use of artificial intelligence EAAL believes that technology can be used to support human creativity.
EAAL supports technological development and innovation, including teaching and developing artificial intelligence.
However, it is important to ensure the responsible use of artificial intelligence to balance the interests of all parties and to prevent the development of technology at the expense of the rights of individuals involved in creative work. EAAL believes that the use of works and performances protected by copyright and related rights must be fairly remunerated for rightsholders. Therefore, EAAL wants to ensure that the works of its members that are protected by copyrights are not used without EAAL’s prior permission.
Text and data mining exception and its applicability to teaching and developing artificial intelligence
According to § 19 2 (1) of the Estonian Copyright Act, reproduction of a legally accessible work for the purposes of text and data mining is permitted without the consent of the author and without payment of royalties. There are different opinions on whether teaching and developing an AI can be classified under the text and data mining exemption. EAAL believes that this exception doesn’t apply to AI.
Nevertheless, it is unequivocal that works and performances protected by copyright and related rights may be used only if the rightsholders have not notified a reservation of use.
Text and data mining reservation
According to § 19 2 (2) of the Estonian Copyright Act, the author may expressly exclude the free use of the work for text and data mining purposes outside of scientific research in an appropriate manner, including in the case of content made publicly available online by machine-readable means.
EAAL clearly and unambiguously excludes the use of works created by authors represented by EAAL for text and data mining purposes for the purpose of developing and training an artificial intelligence outside of scientific research without obtaining the relevant consent (license) from EAAL, based on § 19 2 (2) of the Estonian Copyright Act and the underlying Article 4(3) of Directive 2019/790 of the European Union.
Thus, if the development and teaching of an artificial intelligence outside of scientific research also involves the text and data mining of the works of EAAL members protected by copyrights, then prior written permission (license) from EAAL is required. In case of obtaining a license and making the work publicly available, the user of the work is also obliged to notify, in a clear and machine-readable format, of the text and data mining reservation regarding the copyrights of the authors represented by EAAL. Such notification is necessary to avoid a situation where a third party could still use the protected work for text and data mining without
payment of a fee.
EAAL contacts:
To obtain a license, please contact: eaal@eaal.ee
the machine processing of large amounts of data. AI systems are developed and taught by collecting large amounts of information from digital databases through automated software tools. Processing large amounts of data allows an AI to understand and recognise different patterns and trends. For example, AI can analyse different films and thus replicate their content or process and adapt various
scenes, or even create an entirely new film on its own. EAAL supports responsible use of artificial intelligence EAAL believes that technology can be used to support human creativity.
EAAL supports technological development and innovation, including teaching and developing artificial intelligence.
However, it is important to ensure the responsible use of artificial intelligence to balance the interests of all parties and to prevent the development of technology at the expense of the rights of individuals involved in creative work. EAAL believes that the use of works and performances protected by copyright and related rights must be fairly remunerated for rightsholders. Therefore, EAAL wants to ensure that the works of its members that are protected by copyrights are not used without EAAL’s prior permission.
Text and data mining exception and its applicability to teaching and developing artificial intelligence
According to § 19 2 (1) of the Estonian Copyright Act, reproduction of a legally accessible work for the purposes of text and data mining is permitted without the consent of the author and without payment of royalties. There are different opinions on whether teaching and developing an AI can be classified under the text and data mining exemption. EAAL believes that this exception doesn’t apply to AI.
Nevertheless, it is unequivocal that works and performances protected by copyright and related rights may be used only if the rightsholders have not notified a reservation of use.
Text and data mining reservation
According to § 19 2 (2) of the Estonian Copyright Act, the author may expressly exclude the free use of the work for text and data mining purposes outside of scientific research in an appropriate manner, including in the case of content made publicly available online by machine-readable means.
EAAL clearly and unambiguously excludes the use of works created by authors represented by EAAL for text and data mining purposes for the purpose of developing and training an artificial intelligence outside of scientific research without obtaining the relevant consent (license) from EAAL, based on § 19 2 (2) of the Estonian Copyright Act and the underlying Article 4(3) of Directive 2019/790 of the European Union.
Thus, if the development and teaching of an artificial intelligence outside of scientific research also involves the text and data mining of the works of EAAL members protected by copyrights, then prior written permission (license) from EAAL is required. In case of obtaining a license and making the work publicly available, the user of the work is also obliged to notify, in a clear and machine-readable format, of the text and data mining reservation regarding the copyrights of the authors represented by EAAL. Such notification is necessary to avoid a situation where a third party could still use the protected work for text and data mining without
payment of a fee.
EAAL contacts:
To obtain a license, please contact: eaal@eaal.ee