Lehre 4.0 | Legal Aspects of E-Learning
Text and Data Mining (§ 60d UrhG)
Excerpt (translated by Lehre 4.0 team, JLU) from the UrhG:
- to reproduce the original material automatically and systematically, in order to create a corpus to be evaluated from it, in particular by normalization, structuring and categorization, and
- to make the corpus publicly accessible to a defined circle of persons for joint scientific research as well as to individual third parties for the purpose of reviewing the quality of scientific research.
(2) If a database work is used in accordance with paragraph 1, this shall be deemed to be normal use in accordance with § 55a sentence 1. If insignificant parts of databases are used in accordance with paragraph 1, this shall be deemed to be compatible with the normal evaluation of the database and with the legitimate interests of the database producer in the sense of § 87b paragraph 1 sentence 2 and § 87e.
(3) The corpus and copies of the original material shall be deleted at the end of the research; public access shall cease. However, it is permissible to transmit the corpus and the copies of the original material to the institutions mentioned in §§ 60e and 60f for permanent storage.
§60d UrhG allows a multitude of works to be reproduced in order to create a so-called corpus through normalisation, structuring and categorisation. In order to be useful, the corpus, i.e. the collection of raw data, may be evaluated automatically for the purpose of scientific research. It may also be made available to associated researchers so that they can check the quality of scientific research (e.g. in a peer review). The original material itself may neither be passed on, nor made accessible online.
If the original material is secured against duplication by technical protective measures, this protection may not be circumvented due to §95a, 95b UrhG. The limitation does not grant any right of access, but only applies for material to which the user has access (cf. Kreutzer/Hirche 2017: 62-62).