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Posts tagged "tdm"
Slovenian TDM exceptions and content available online
Does lawful access under the Slovenian TDM exceptions also include content that is freely available online?
To answer that question, I submitted a complaint to the European Commission in June 2024 alleging that the Republic of Slovenia had not properly implement the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (hereinafter: the CDSM Directive). The complaint argued that Articles 57.a and 57.b of the Slovenian Copyright and Related Rights Act (hereinafter: ZASP), which regulate the exceptions for text and data mining (hereinafter: TDM exceptions), fail to explicitly provide that the notion of “lawful access” includes content that is freely available online. The European Commission did not initiate infringement proceedings against Slovenia, reasoning that although the Slovenian implementation does not explicitly mention freely available online content as part of the notion of lawful access, it also does not expressly exclude it. Consequently, it may be interpreted that freely available online content forms part of lawful access under the TDM exceptions in ZASP.
