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Creative Commons’ statement on the Opt-Out Exception Regime / Rights Reservation Regime for Text and Data Mining under Article 4 of the EU Directive on Copyright in the Digital Single Market is now available here. We’re grateful to everyone who contributed their many thoughtful comments during the public consultation period, which has now come to an end.
We especially want to take the opportunity to thank our contributors to this statement:
Ana Lazarova (CC Bulgaria), Thomas Margoni (KU Leuven), Ariadna Matas (Europeana), Sarah Pearson (CC), Felix Reda (Shuttleworth Foundation), Brigitte Vézina (CC), Kat Walsh (CC), and Stephen Wyber (IFLA).
Here is Creative Commons’ summary position:
The terms of the Creative Commons (CC) licenses cannot be construed or interpreted as a reservation of a right in the context of Article 4 of the EU Directive on Copyright in the Digital Single Market (EU 2019/790) or any of its national transposition instruments. CC licenses do not operate as an opt-out of an exception or limitation to copyright. Both the language (legal code) and purpose (spirit) of the licenses prohibit such an interpretation:
- The language in the licenses specifically makes clear that they are not intended to impose any restrictions beyond what copyright imposes, and that they do not override exceptions and limitations.
- The licenses are designed to permit more uses than the default all-rights-reserved, so any interpretation that they do reserve rights in the context of Article 4 runs contrary to the overall design and purpose of the licenses.
Posted 17 December 2021
Read Creative Commons’ full statement here.