Text Data Mining & Publishing
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The document explains copyright and fair use in the context of text data mining (TDM) for scholars, addressing rights and limitations when using digital content. It highlights important aspects of fair use, including transformative purposes and specific court cases that support TDM practices. Additionally, it provides guidance on contracts, potential challenges, and ethical considerations regarding privacy and indigenous knowledge.
![Authors Guild v. HathiTrust
755 F.3d 87 (2d Cir. 2014)
Textual analysis that digital
library enabled was
transformative under factor
one, and overall fair
Authors Guild v. Google
804 F.3d 202 (2d Cir. 2015)
Creation of full-text
searchable database with
“snippet view” and “ngram
viewer” [search strings]
were fair uses](https://image.slidesharecdn.com/textdataminingpublishing-191205205739/85/Text-Data-Mining-Publishing-14-320.jpg)
![Archives
Agreement
“I understand that
permission to publish, or
otherwise publicly use,
materials . . . must be
[granted by library]
I understand further that
the University makes no
representation that it is
the owner of the
copyright... and that
permission to publish must
also be obtained from the
owner of the copyright.”](https://image.slidesharecdn.com/textdataminingpublishing-191205205739/85/Text-Data-Mining-Publishing-21-320.jpg)
Text Data Mining & Publishing
- 1. Copyright & Fair Use for Digital Projects Text Data Mining & Publishing UC Berkeley Library Rachael Samberg, J.D., MLIS Stacy Reardon, MA, MLS
- 2. What you can do, not what you can’t
- 4. But scholars (and academic staff, in supporting them) face questions about rights
- 5. The Basics of TDM “Text mining is the use of automated tools, techniques or technology to process large volumes of digital content that is often not well structured - to identify and select relevant information; to extract information from the content, to identify relationships within / between / across documents and incidents or events for meta-analysis.” - from Text & Data Mining - A Librarian Overview by Ann Oakerson (2013)
- 7. Copyright Exclusive rights to original expression for limited periods of time
- 8. Exclusive Rights ▪Reproduction ▪Derivative works ▪Distribution ▪Public performance ▪Public display
- 9. Public Domain War and Peace, Tolstoy, English translation 1899 CDC report
- 10. Facts & Ideas Nicholas Mazza, Poetry therapy: Toward a research agenda for the 1990s, The Arts in Psychotherapy, Volume 20, Issue 1,1993,51-59,
- 11. Content Data about the content TDM researchers can use copyrighted content!
- 12. Fair Use 17 U.S.C.§ 107 “The fair use of a copyrighted work…for prposes such as criticism, comment, news reporting, teaching…, scholarship, or research, is not an infringement of copyright.”
- 13. Four-Factor Balancing Test 1. Purpose & character of use “Transformativeness” often dominates 2. Nature of copyrighted work Whether factual/scholarly work 3. Amount and substantiality Size & importance of portion 4. Effect on potential market Whether it supplants market
- 14. Authors Guild v. HathiTrust 755 F.3d 87 (2d Cir. 2014) Textual analysis that digital library enabled was transformative under factor one, and overall fair Authors Guild v. Google 804 F.3d 202 (2d Cir. 2015) Creation of full-text searchable database with “snippet view” and “ngram viewer” [search strings] were fair uses
- 15. iParadigms, 562 F. 3d 630 (4th Cir. 2009) Plagiarism detection software that replicated content to detect similarities was fair use
- 17. Fox News v TVEyes, 883 F.3d 169 (2018) Basic functionality and archiving features were fair use, but making available 10-minute clips was not
- 18. ● Likely fair to digitize to conduct text data mining (w/security precautions) ● May not be fair to republish large portions of content ● May not be fair to circulate the digitized texts/corpus ● Case-by-case Takeaways
- 19. Contracts
- 20. Database Agreements Challenges: - Terms - Visibility
- 21. Archives Agreement “I understand that permission to publish, or otherwise publicly use, materials . . . must be [granted by library] I understand further that the University makes no representation that it is the owner of the copyright... and that permission to publish must also be obtained from the owner of the copyright.”
- 22. Website Terms “If you intend to quote extensive amounts of text, use other original content, or reproduce images from this site, please contact us for permission.”
- 23. California Digital Library’s Model Database Language Authorized Users may use the Licensed Materials to perform and engage in text and/or data mining activities for academic research, scholarship, and other educational purposes... and may utilize and share the results of text and/or data mining in their scholarly work and make the results available for use by others, so long as the purpose is not to create a product for use by third parties that would substitute for the Licensed Materials.
- 24. CDL Model License: Preserving Fair Use Notwithstanding the foregoing, nothing in this agreement shall otherwise restrict uses of the material that would be fair use pursuant to 17 U.S.C.§ 107 et seq.
- 25. ● Agreements may constrict uses that would otherwise be fair ● Familiarize yourself with the agreement(s), ask for help, evaluate risk ● Alternatives: ○ Check to see if site has an API ○ Negotiate with content providers / ask permission Takeaways
- 27. - Computer Fraud & Abuse Act - Digital Rights Management (DRM) & Digital Millennium Copyright Act Other Issues
- 28. Privacy
- 29. Rights of Privacy ● © protects copyright holders' property rights ● Privacy protects people who are subjects of works ● Fed’l (FERPA, HIPAA) vs. State ● State limits ○ Expire at death ○ Newsworthiness and permission are defenses
- 31. Ethics & Policy
- 33. - Indigenous knowledge - Cultural heritage materials - Endangered species protection
- 35. UC Berkeley Library Rachael Samberg, J.D., MLIS Stacy Reardon, MA, MLS Text Data Mining & Publishing Text Data Mining Guide (Library) guides.lib.berkeley.edu/text-mining TDM Access Help tdm-access@berkeley.edu