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Copyright, Artificial Intelligence, Machine Learning, Text and Data Mining, User Rights, Limitations and Exceptions, Research, World Intellectual Property Organization


Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, including by providing guidance on the diverse mechanisms that countries may use to authorize TDM research and serving as a forum for the adoption of rules permitting cross-border TDM projects.


This is an institutional version of an article accepted for publication in the European Intellectual Property Review following peer review. The definitive published version, Sean Flynn et al, "Implementing User Rights for Research in the Field of Artificial Intelligence: A Call for International Action" (2020) 42:7 Eur IP Rev 393 is available online on Westlaw UK.