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Text and data mining for non-commercial research
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14. The Principal Act is amended by the insertion of the following section after section 53:
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“53A. (1) Subject to subsection (3), the making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work where the copy is—
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(a) made in order that the person may carry out a computational analysis of anything in the work for the sole purpose of research for a non-commercial purpose, and
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(b) accompanied by a sufficient acknowledgement.
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(2) A copy made under subsection (1) of a work which was, at the time when the copy was made, available without a restriction as to its access does not infringe copyright, and whether or not that work continues to be so available after that time.
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(3) Where a copy of a work has been made under subsection (1) by a person, the copyright in the work is infringed where the copy—
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(a) is transferred to any other person, except where the transfer is authorised by the copyright owner, or
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(b) is used for any purpose other than the purpose referred to in subsection (1)(a).
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(4) Without prejudice to section 374, nothing in Part VII shall be construed as operating to prevent a person from undertaking an act permitted by this section.
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(5) Without prejudice to the generality of section 52(1), where the publication of the results of a computational analysis referred to in subsection (1)(a) of a copy of a work includes the reproduction of extracts from the work, such inclusion shall constitute inclusion in an incidental manner referred to in section 52(1) if the extracts are not more than are reasonably necessary to explain, or to assist in explaining, the results of the analysis.”.
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