La confusa trasposición del límite de la minería de textos y datos en el ordenamiento español y la proyectada reforma de la "copyright and patent act" 1988

Abstract

Text and Data Mining (TDM) is a vital tool in the tech economy. TDM uses techniques from natural language processing, machine learning, and knowledge management for the automated analysis of digital content, in order to extract information, decision making, identify patterns, discover new trends, insights or correlations. But TDM needs to be respecful with Intellectual property. The European legislator has understood the relevance of this and with that purpose has introduced two different and tailored exceptions. Nevertheless, the Spanish legislator has not capt its real importance as far as it has wrongly incorporated the UE law into our legal system. The paper wants to point out the need of fast changes in the Spanish legislation according with the Directive if we don´t want to loose chances in the european tech economy, as in the UK are planning to legislate TDM in a very much liberal way, trying to be a pole of tech development in the continent.