[AI & FAIR USE] Fair use rights to conduct text and data mining and use artificial intelligence tools are essential for UC research and teaching

Je suis vraiment intéressée par vos retours là dessus si certains d’entre vous l’ont vu passer sur Twitter:

"If the UC Libraries are unable to protect these fair uses, UC scholars will be at the mercy of publishers aggregating and controlling what may be done with the scholarly record. Further, UC scholars’ pursuit of knowledge will be disproportionately stymied relative to academic colleagues in other global regions, given that a large proportion of other countries preclude contractual override of research exceptions.

Indeed, in more than forty countries—including all those within the European Union (EU)—publishers are prohibited from using contracts to abrogate exceptions to copyright in non-profit scholarly and educational contexts. Article 3 of the EU’s Directive on Copyright in the Digital Single Market preserves the right for scholars within research organizations and cultural heritage institutions (like those researchers at UC) to conduct TDM for scientific research, and further proscribes publishers from invalidating this exception by license agreements (see Article 7). Moreover, under AI regulations recently adopted by the European Parliament, copyright owners may not opt out of having their works used in conjunction with artificial intelligence tools in TDM research—meaning copyrighted works must remain available for scientific research that is reliant on AI training, and publishers cannot override these AI training rights through contract. Publishers are thus obligated to—and do—preserve fair use-equivalent research exceptions for TDM and AI within the EU, and can do so in the United States, too."