LeEtta Schmidt - Tampa Library
There have been court cases that serve as examples that using automated text & data mining (TDM) to conduct scholarly research is a fair use. These examples can help guide future projects in figuring out their own fair use argument for text and data mining. A key part of these examples is that the collection of material mined for the scholarly research is not made publicly available.
The Author's Guild v. HathiTrust, 755 F.3d 87 (2d Cir. 2014) case involved HathiTrust scanning in copyright books in order to provide an in text search feature to the catalog in a similar way to Google Books. The copying was necessary for the new function, but the full copies of those in copyright books were not provided to the user.
Use of resources for TDM where the end result is new insights derived from the data and use of TDM to inform a new generative AI program that produces new resources will have separate fair use arguments and are often treated separately by library subscribed resource terms of use.