Copyright and text and data mining (TDM)
Copyright Act 1999, Fair Dealing and Criminal Liability for Infringement
Copyright Act, 1999 (Act No. 11 of 1999), ss. 41-42, 121Official English text, Copyright Act, 1999 (Act No. 11 of 1999), reproduced by WIPO Lex
Commencement not set. Binds public and private bodies.
What this law does
The Act received assent on 19 March 1999. Section 1(2) provides that it commences on a date or dates the Minister appoints by notice in the Gazette, rather than upon assent, and no specific commencement notice has been located.
Sections 41 and 42 permit fair dealing with a work for criticism, review, and news reporting and for research or private study by an individual, but the Act carries no exception for text and data mining, so training a model on scraped copyrighted text must fit one of those narrow purposes or infringe.
Section 2's definition of literary work includes a table or compilation, so a scraped compilation can attract copyright as a literary work if its selection or arrangement is original, but the Act creates no separate sui generis database right.
Section 121 makes it an offence, other than pursuant to a copyright licence, to make for sale or hire, import, possess in the course of a business, or otherwise deal with an object that is an infringing copy of a copyright work, and section 13 binds the State to the Act on the same terms as any other person.
What it requires