National and EU text and data mining exceptions: room for coexistence?

If only all mining activities were these cheerful!A few days ago this blog reportedthat Irish Government has recently proposed the introduction into Irish law (new section 53A of the Copyright Act) of a copyright exception for text and data mining (TDM).From an EU standpoint, the most interesting aspects of the Irish proposal are probably the following:First, its timing: while it is true that a TDM exception was first proposed in the 2013 Modernising Copyright Report, an actual initiative of that Member State's Government comes at a time when discussion is well underway to introduce a mandatory TDM exception at the EU level [Article 3 of the Proposal for a Directive on copyright in the Digital Single Market – on the EU proposal see further here and here]. Secondly, the different scope of the Irish exception [which would be derived from Article 5(3)(a) of the InfoSoc Directive] and the EU exception, in the sense that the former – while only…

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