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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.
Twenty-two historical encyclopedias encoded in TEI: a new resource for the Digital Humanities
(2020)
This paper accompanies the corpus publication of EncycNet, a novel XML/TEI annotated corpus of 22 historical German encyclopedias from the early 18th to early 20th century. We describe the creation and annotation of the corpus, including the rationale for its development, suggested methodology for TEI annotation, possible use cases and future work. While many well-developed annotation standards for lexical resources exist, none can adequately model the encyclopedias at hand, and we therefore suggest how the TEI Lex-0 standard may be modified with additional guidelines for the annotation of historical encyclopedias. As the digitization and annotation of historical encyclopedias are settling on TEI as the de facto standard, our methodology may inform similar projects.
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 General Data Protection Regulation (hereinafter: GDPR), EU Regulation 2016/679 of 27 April 2016, will become applicable on 25 May 2018 and repeal the Personal Data Directive of 24 October 1995.
Unlike a directive, which requires transposition into national laws (while leaving the choice of “forms and methods” to the Member States), a regulation is binding and directly applicable in all Member States. This means that when the GDPR becomes applicable, all the EU countries will have the same rules regarding the protection of personal data — at least in principle, since some details (including in the area of research — see below) are expressly left to the discretion of the Member States.
The GDPR is a particularly ambitious piece of legislation (consisting of 99 articles and 173 recitals) whose intended territorial scope extends beyond the borders of the European Union. Its main concepts and principles are essentially similar to those of the Personal Data Directive, but enriched with interpretation developed through the case law of the CJEU and the opinions of the Article 29 Data Protection Working Party (hereinafter: WP29).
This White Paper will discuss the main principles of data protection and their impact on language resources, as well as special rules regarding research under the GDPR and the standardisation mechanisms recognized by the Regulation.
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.
This abstract discusses the possibility to adopt a CLARIN Data Protection Code of Conduct pursuant art. 40 of the General Data Protection Regulation. Such a code of conduct would have important benefits for the entire language research community. The final section of this abstract proposes a roadmap to the CLARIN Data Protection Code of Conduct, listing various stages of its drafting and approval procedures.
New exceptions for Text and Data Mining and their possible impact on the CLARIN infrastructure
(2018)
The proposed paper discusses new exceptions for Text and Data Mining that have recently been adopted in some EU Member States, and probably will soon be adopted also at the EU level. These exceptions are of great significance for language scientists, as they exempt those who compile corpora from the obligation to obtain authorisation from rightholders. However, corpora compiled on the basis of such exceptions cannot be freely shared, which in a long run may have serious consequences for Open Science and the functioning of research infrastructure such as CLARIN ERIC.
The present article describes the first stage of the KorAP project, launched recently at the Institut für Deutsche Sprache (IDS) in Mannheim, Germany. The aim of this project is to develop an innovative corpus analysis platform to tackle the increasing demands of modern linguistic research. The platform will facilitate new linguistic findings by making it possible to manage and analyse primary data and annotations in the petabyte range, while at the same time allowing an undistorted view of the primary linguistic data, and thus fully satisfying the demands of a scientific tool. An additional important aim of the project is to make corpus data as openly accessible as possible in light of unavoidable legal restrictions, for instance through support for distributed virtual corpora, user-defined annotations and adaptable user interfaces, as well as interfaces and sandboxes for user-supplied analysis applications. We discuss our motivation for undertaking this endeavour and the challenges that face it. Next, we outline our software implementation plan and describe development to-date.