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Digital humanities research under United States and European copyright laws. Evolving frameworks
(2021)
This chapter summarizes the current state of copyright laws in the United States and European Union that most affect Digital Humanities research, namely the fair use doctrine in the US and research exceptions in Europe, including the Directive on Copyright in the Digital Single Market, which has been finally adopted in 2019. This summary begins with a description of recent copyright advances most relevant to DH research, and finishes with an analysis of a significant remaining legal hurdle which DH researchers face: how do fair use and research exceptions deal with the critical issue of circumventing technological protection measures (TPM, a.k.a. DRM). Our discussion of the lawful means of obtaining TPM-protected material may contribute to both current DH research and planning decisions and inform future stakeholders and lawmakers of the need to allow TPM circumvention for academic research.
Providing online repositories for language resources is one of the main activities of CLARIN centres. The legal framework regarding liability of Service Providers for content uploaded by their users has recently been modified by the new Directive on Copyright in the Digital Single Market. A new category of Service Providers, Online Content-Sharing Service Providers (OCSSPs), was added. It is subject to a complex and strict framework, including the requirement to obtain licenses from rightholders for the hosted content. This paper provides the background and effect of these changes to law and aims to initiate a debate on how CLARIN repositories should navigate this new legal landscape.
The possibilities of re-use and archiving of spoken and written corpora are affected by personality rights (depending on legal tradition also called: the right of publicity), copyright law and data protection / privacy laws. These recommendations include information about legal aspects which should be considered while creating corpora to ensure the greatest archivability and re-usability possible in compliance with current laws.
The information compiled here shall serve researchers who plan to create corpora or who are involved in evaluation of such measures as a guideline. This information is not exhaustive or to be considered as legal advice. Researchers should consult institutional legal departments and management before making legally relevant decisions. That said, further legal expertise should be sought if possible as early as project planning phases.