There were two themes running through this workshop organised by the Strategic Content Alliance: technical potential and legal barriers. An important piece of background is the Hargreaves report.
The potential of text and data mining is probably well understood in technical circles, and were well articulated by JohnMcNaught of NaCTeM. Briefly the potential lies in the extraction of new knowledge from old through the ability to surface implicit knowledge and show semantic relationships. This is something that could not be done by humans, not even crowds, because of volume of information involved. Full text access is crucial, John cited a finding that only 7% of the subject information extracted from research papers was mentioned in the abstract. There was a strong emphasis, from for example Jeff Lynn of the Coalition for a digital economy and Philip Ditchfield of GSK, on the need for business and enterprise to be able to realise this potential if it were to remain competetive.
While these speakers touched on the legal barriers it was Naomi Korn who gave them a full airing. They start in the process of publishing (or before) when publishers acquire copyright, or a licence to publish with enough restriction to be equivalent. The problem is that the first step of text mining is to make a copy of the work in a suitable format. Even for works licensed under the most liberal open access licence academic authors are likely to use, CC-by, this requires attribution. Naomi spoke of attribution stacking, a problem John had mentioned when a result is found by mining 1000s of papers: do you have to attribute all of them? This sort of problem occurs at every step of the text mining process. In UK law there are no copyright exceptions that can apply: it is not covered by fair dealling (though it is covered by fair use in the US and similar exceptions in Norwegian and Japanese law, nowhere else); the exceptions for transient copies (such as in a computers memory when readng on line) only apply if that copy has not intrinsic value.
The Hargreaves report seeks to redress this situation. Copyright and other IP law is meant to promote innovation not stifle it, and copyright is meant to cover creative expressions, not the sort of raw factual information that data mining processes. Ben White of the British Library suggested an extension of fair dealling to permit data mining of legally obtained publications. The important thing is that, as parliament acts on the Hargreaves review people who understand text mining and care about legal issues make sure that any legislation is sufficient to allow innovation, otherwise innovators will have to move to those jurisdictions like the US, Japan and Norway where the legal barriers are lower (I’ll call them ‘text havens’).
Thanks to JISC and the SCA on organising this event; there’s obviously plenty more for them to do.