Text and Data Mining Laws: International Developments (RECORDING)
Recorded On: 01/23/2020
Text and data mining (TDM) is an essential analytical tool used to generate robust and varied data sets that underpin machine learning. Many current and future developments in artificial intelligence depend on TDM.
But what rights do miners have to use data that belongs to others? This is a complex and rapidly changing area of the law. Our panel will discuss:
• The many aspects of law that govern TDM in the U.S., including copyright, the Computer Fraud and Abuse Act, contract law, and state law claims such as criminal trespass and unjust enrichment
• Basic relevant differences between EU and U.S. copyright law, including the difference between “fair dealing” and “fair use”
• The importance of the EU Database Directive and the recently approved EU Directive on Copyright, which includes specific provisions on TDM
• The relevant legal landscape in Japan and China
• A roadmap for how in-house counsel should approach due diligence on TDM issues
- Aaron Charfoos, Jones Day
- Professor Bernt Hugenholtz, University of Amsterdam
- Gail Zarick, IBM
Aaron Charfoos is a partner at Jones Day. He is an accomplished cybersecurity, privacy, and data protection trial lawyer. He also helps companies in numerous industries (health care, financial services, technology, and consumer products) to develop global privacy and data security programs.
Prof. Bernt Hugenholtz
University of Amsterdam
Bernt Hugenholtz is Professor of IP Law at the University of Amsterdam, Institute for Information Law (IViR). He is an expert in the field of international and European copyright law, and is the co-author, with Professor Paul Goldstein (Stanford University), of International Copyright. Principles, Law, and Practice.
Gail Zarick is IBM’s Counsel for Regulatory Compliance, Source Code and Data Security. She has served in a number of IP law roles for IBM, most recently as the IP Counsel for IBM’s Security Division. She has also managed teams of IP attorneys in support of various IBM business units and research labs, negotiated IP licenses and patent assignment agreements, managed patent litigations, and managed due diligence efforts for patent sales.