Axel Voss publishes compromise proposal for TDM provisions of Copyright Directive

5 June 2018

On 24 May 2018, Copyright Directive rapporteur, Axel Voss, published his first compromise amendments in respect of the text and data mining (TDM) provisions of Article 3 (available here). This initial amendment was described as “sensible” by commentators, as it attempted to create a mandatory exception for all private sector entities (as opposed to being an optional limitation for research and cultural heritage institutions only). This was in line with the recommendations of The European Alliance for Research Excellence (EARE) which advocated a “future-proof, broad mandatory exception for TDM for all parties who have lawful access to the underlying work”. Recent reports on Twitter indicate that the wording of the compromise proposal changed again on 5 June 2018, reversing course.