ARTIFICIAL INTELLIGENCE and TEXT AND DATA MINING and EXPRESS DISCLAIMER on the use of protected works
I. Directive (EU) 2019/790
Article 4 thereof establishes exceptions and limitations that allow the reproduction and export of works or other protected subject matter for the purposes of text and data mining, under certain conditions. According to these rules, rightholders may choose to retain their rights in their works or other protected subject matter to prevent text and data mining, except for the purposes of scientific research.
Text and data mining, as defined in the directive, means any automated analytical technique aimed at analyzing texts and data in digital form with the aim of producing information, including, but not limited to, patterns, trends and correlations.
II. Law 2121/1993
a. Article 21A adopted the exception of the reproduction of works for the purpose of text and data mining for scientific research purposes and the exclusion of contrary contractual arrangements, in accordance with the more specific terms and conditions included therein.
b. Article 21B provides that:
1. The reproduction and extraction of works and other material to which access is lawful for the purpose of carrying out text and data mining is permitted, provided that the above use has not been expressly restricted by the author or other rightholder in an appropriate manner, such as by machine-readable means in the case of content that has been made publicly available online.
2. Reproductions and exports carried out in accordance with par. 1 may be retained for as long as necessary for the purposes of text and data mining (as added by a. 9 of Law 4996/2022 (article 4 of Directive (EU) 2019/790)).
Consequently, in the event that the author or other rightholder declares his opposition to the use of his works for the purposes of text and data mining, any such use shall require the
III. Prior granting by him of the relevant license, unless otherwise provided for by law
IV. ARTIFICIAL INTELLIGENCE and STATEMENT OF EXPRESS RESERVATION on the use of protected works of the represented repertoire of AUTODIA in this context
AUTODIA states that it is not opposed to or opposed to the evolution and development of artificial intelligence. Artificial intelligence offers great opportunities to music creators, who use it as a new tool in the service of their art.
However, AUTODIA explicitly expresses its will and wants to ensure that the works of its represented rightholders, namely musical works protected by copyright, will not become part of the development of artificial intelligence (AI) without their explicit consent. This includes, but is not limited to, language models, foundation models, artificial intelligence production systems and recommendation algorithms. In this context, AUTODIA, by exercising the right of exception (opt-out), which it proceeds with, aims to balance the rights of the represented rightholders and the intended actions in the field of artificial intelligence. It is known that many of the artificial intelligence tools base their training on various types of data, including protected works, which raises issues regarding the respect of copyright, especially when educational sets are created that include protected works from data mining.
In this context, AUTODIA, with a relevant post on its website www.autodia.gr (https://www.autodia.gr/article/34/tehnhth-nohmosynh-kai-dhlosh-rhths-epifylaxhs) has explicitly stated that it limits/excludes/does not allow the reproduction and export of the works of its represented repertoire for the purpose of conducting text and data mining, in accordance with article 21B of Law 2121/1993 (which constitutes an integration of article 4. of Directive (EU) 2019/790).
Therefore, any such use of the works of the beneficiaries (members/simple contractors) of the AUTODIA in the conduct of text and data mining requires the granting of the relevant license of the AUTODIA, unless otherwise provided by law.
Therefore, the data mining of works included in the represented repertoire of the AUTODIA by entities that develop artificial intelligence tools and/or that train artificial intelligence requires the prior approval and the granting of the relevant license by the AUTODIA, in order to ensure fair remuneration for the beneficiaries it represents (creators, composers-lyricists, heirs, music publishers and rightsholders in general)