Which copyright exceptions are most important for researchers?

Researchers can rely primarily on three key copyright exceptions - the exception for scientific research, the exception for text and data mining and the secondary publication right.

1. EXCEPTION FOR SCIENTIFIC RESEARCH (Article 57c of the Copyright and Related Rights Act)

For the purposes of scientific research, it is permitted to reproduce up to 15% of a published copyrighted work. These excerpts may also be distributed or communicated to the public, but only to persons participating in the scientific research or to reviewers evaluating the quality of the scientific work. For a researcher’s own scientific research, reproduction is permitted up to 75% of a published work. Photographs, illustrations and short articles may be used in full. The source and the author must always be indicated.

This exception applies exclusively to individual research projects carried out by a single research organization or by several research institutions working together on a joint research project. Materials reproduced under this exception may be used only for that specific research and not for any additional, unrelated purposes. The exception cannot be interpreted as permitting the reproduction or distribution of articles that are not directly relevant to the specific research project, especially to persons not involved in the research. Such use could conflict with the non-commercial nature of the exception. Importantly, any reproduction must be made from lawfully accessed materials, for example, a subscription-based scientific database licensed to the institution.

EXAMPLES:

a) Reproduction of up to 15% of a published work

Researcher Ana may copy up to 15% of a book (e.g., several chapters) for her research purposes. If the book has 300 pages, Ana can legally reproduce up to 45 pages, either digitally or in print.

b) Distribution and communication to the public to persons engaged in scientific research

Researcher Ana may share these excerpts (up to 15% of a book) only with members of her research group or with reviewers evaluating her work. For example, she may send the excerpts to colleagues by email or upload them to her institution’s secure intranet accessible only to researchers and reviewers.

c) Reproduction of up to 75% of a published work for her own scientific research

If Ana requires more than 15%, she may reproduce up to 75% of the book’s content, but only for her personal research work. She may not share the additional portions with others or public them. To copy more than 75%, she must obtain permission from the copyright holder.

d) Using an entire photograph or short article

If Ana needs a full photograph or a short scientific article (e.g. 1-2 pages), she may reproduce and use it in its entirety for her research. The use of a photograph in scientific research may already be legal under the quotation exception.

2. TEXT AND DATA MINING EXCEPTION FOR THE PURPOSE OF SCIENTIFIC RESEARCH (Article 57b of the Copyright and Related Rights Act)

Text and data mining refers to the automated analysis of digital content, such as texts, images, audio-visual materials, or datasets. Research organizations, public archives, libraries, museums, film or audio heritage institutions, and public broadcasting organizations, as well as individuals affiliated with research organizations (e.g. researchers, professors) and institutions for the protection of cultural heritage, may reproduce and mine lawfully accessed copyrighted materials for scientific research. This includes digitizing analogue content and offering remote access where necessary for TDM.

A research organization under this exception includes universities and their libraries, public research institutions, and other legal entities that carry out scientific research or educational activities on a non-profit basis or reinvest all profits into scientific research.

Copies made under this exception must be stored in a secure environment, accessible only to authorized persons (e.g., protected storage, password-secured servers, or locked premises). They may be retained only for as long as necessary to verify research results; afterwards, the copies must be deleted or destroyed. They may not be reused for unrelated future research.

Based on this exception, research organizations are also permitted to share and make available to the public the results of text and data mining, provided that the scope of text and data mining is limited to the purpose of research, is consistent with good customs, does not interfere with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.

EXAMPLE: Researchers investigating climate-change management collect a large body of scientific articles. To analyse key terms and themes using computer tools, they digitize some print articles and then carry out text and data mining. Since they have lawful access to the materials and are acting for scientific research, this is permitted.

3. SECONDARY PUBLICATION RIGHT

The amendment to the Scientific Research and Innovation Activities Act introduced a secondary publication right. If research is at least 50% publicly funded, the researcher, despite transferring exclusive economic rights to a publisher, retains the right to deposit the research results in an open-access public repository.

EXAMPLE: A researcher concludes a publishing agreement transferring exclusive economic rights, including the right of communication to the public, to a publisher. Even so, because the research was at least 50% publicly funded, the researcher is legally entitled to deposit the published work in an open-access repository.