Data mining and copyright
There is no specific exception in the Act allowing for data mining, data scraping, or similar processes. There is an exception within 'fair dealing' in the Copyright Act for "Research or study" that may allow for certain usage of copyright material when conducting your research. This will depend on the process engaged and how (and how much) material is accessed and reproduced. Owners of databases and datasets may have a request process in place for (or a licensing option to cover) data mining – best practice is to investigate these avenues where available.
Fair dealing will most likely not cover reproduction of copyright material in a publication, thesis, etc., resulting from any data mining or similar process that occurs within your research. Where you are directly reproducing or adapting copyright material you should always seek clearance/permission from the copyright owners.
Use of scraped online data for training generative AI is still, at time of writing, considered to be a potentially infringing use.
To learn more about fair dealing, read the guide to Fair dealing vs. fair use (PDF).
Our guide to research data and copyright (PDF) has more information on data and copyright.
Interested in learning more about research and copyright? Check out the videos in our Copyright, licensing and open access for research playlist.
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