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Part 1 · Copyright  ›  Division 6 · Limitations on copyright through uses permitted by law › Section 60d

Text and data mining for scientific research purposes

(1) It is permitted to make reproductions to carry out text and data mining (section 44b (1) and (2) sentence 1) for scientific research purposes in accordance with the following provisions.

(2) Research organisations are authorised to make reproductions. ʻResearch organisationsʼ means universities, research institutes and other establishments conducting scientific research if they

1.  pursue non-commercial purposes,

2.  reinvest all their profits in scientific research or

3.  act in the public interest based on a state-approved mandate.

The authorisation under sentence 1 does not extend to research organisations cooperating with a private enterprise which exerts a certain degree of influence on the research organisation and has preferential access to the findings of its scientific research.

(3) The following are, further, authorised to make reproductions:

1.  libraries and museums, insofar as they are accessible to the public, and archives or institutions in the field of cinematic or audio heritage (cultural heritage institutions),

2.  individual researchers, insofar as they pursue non-commercial purposes.

(4) Those authorised in accordance with subsections (2) and (3) and pursuing non-commercial purposes may make reproductions made pursuant to subsection (1) available to the following persons:

1.  a specifically delimited circle of persons for their joint scientific research and

2.  individual third persons for the purpose of monitoring the quality of the scientific research.

The making available to the public must be terminated as soon as the joint scientific research or the monitoring of the quality of the scientific research has been concluded,.

(5) Those authorised under subsections (2) and (3) no. 1 may retain reproductions made pursuant to subsection (1), thereby taking appropriate security measures to prevent unauthorised use, for as long as they are needed for the purposes of the scientific research or the monitoring of the quality of the scientific findings.

(6) Rightholders are authorised to take necessary measures to prevent the security and integrity of their networks and databases being put at risk on account of reproductions made in accordance with subsection (1).

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