Copyright and text and data mining (TDM)
Copyright and Neighbouring Rights Protection Act 6 of 1994, Fair Dealing and Compilation Protection
Copyright and Neighbouring Rights Protection Act 6 of 1994, ss. 2, 15-16Copyright and Neighbouring Rights Protection Act 6 of 1994, official text reproduced in the Legal Assistance Centre's Annotated Statutes
In force since 15 March 1996. Binds public and private bodies.
What this law does
Section 15(1)(a) excuses fair dealing in the use of a literary or musical work for the purpose of research or private study, or the personal or private use, of the person using the work. Section 15(1)(c) separately excuses fair dealing for the purpose of reporting on a current event in a newspaper, magazine or similar periodical, or by means of broadcasting or in a cinematograph film.
Section 16 permits a further reproduction of a work in circumstances to be prescribed, provided the reproduction does not conflict with a normal exploitation of the work and is not unreasonably prejudicial to the owner's legitimate interests, echoing the same three-step structure without creating a text-and-data-mining-specific exception or a machine-readable reservation mechanism.
Section 2 defines "literary work" to include "tables and compilations," so a database or dataset is protected, if at all, as a compilation-type literary work rather than under a separate sui generis database right; a computer program is expressly excluded from that definition and is instead a distinct category of protected work under section 14.
What it requires