Submission to Canadian Government Consultation on a Modern Copyright Framework for AI and the Internet of Things

Authors

Sean Flynn, American University - Washington College of Law; Program on Information Justice and Intellectual Property
Lucie Guibault, Dalhousie University Schulich School of LawFollow
Christian Handke, Erasmus University Rotterdam, University of Amsterdam
Joan-Josep Vallbé, University of Barcelona
Michael Palmedo, American University - Program on Information Justice and Intellectual Property
Carys Craig, Osgoode Hall Law School, York University
Michael Geist, University of Ottawa - Common Law Section
Joao Pedro Quintais, Universiteit van Amsterdam

Document Type

Report

Publication Date

2021

Abstract

We are grateful for the opportunity to participate in the Canadian Government’s consultation on a modern copyright framework for AI and the Internet of Things. Below, we present some of our research findings relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). As the consultation paper recognizes, TDM is a critical element of artificial intelligence. Our research supports the adoption of a specific exception for uses of works in TDM to supplement Canada’s existing general fair dealing exception.

Empirical research shows that more publication of citable research takes place in countries with “open” research exceptions -- that is, research exceptions that are open to all uses (e.g. reproduction and communication), to all works, and to all users. Empirical research also shows that text and data mining research is promoted through exceptions that more specifically authorize text and data mining research. While these studies are preliminary and we are still improving on them, they provide evidence that supports the approach of combining a general research exception with a more specific data mining exception.

Recommended Citation

Sean Flynn et al, "Submission to Canadian Government Consultation on a Modern Copyright Framework for AI and the Internet of Things" (2021) [unpublished, archived at Digital Commons @ American University Washington College of Law].