Copyright and text and data mining (TDM)
FSM Copyright Act, exclusive rights, fair use, and compilation protection
FSM Code Title 35, Ch. 1 (Copyrights), secs. 101-109Official text of the FSM Code
In force. Binds public and private bodies.
What this law does
Section 106 of the FSM Copyright Act gives a copyright owner the exclusive right to reproduce, prepare derivative works from, distribute, perform, and display a copyrighted work, subject to section 107's fair-use exception, which reaches reproduction for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, weighed against the purpose and commercial character of the use, the nature of the work, the amount used, and the effect on the work's market.
No text-and-data-mining-specific exception or opt-out mechanism exists in the chapter. Section 101 defines a compilation as an original work of authorship formed by selecting, coordinating, or arranging preexisting material or data, and section 103 confines a compilation's copyright to the compiler's own contribution, not the underlying material, so the Act confers no separate sui generis database right over data a scraper collects.
Willful infringement for commercial advantage or private gain is a criminal offense (section 123), and any infringement of the exclusive rights arms the copyright owner with a civil action for an injunction, damages, and court-imposed punitive damages (section 122); the chapter's own text does not state the calendar date on which it took effect.
What it requires