ASSESSMENT OF THE APPLICABILITY OF THE TDM EXCEPTION USING THE METHOD OF HISTORICAL INTERPRETATION
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Abstract
Submitted paper deals with text and data mining exception, which was enacted as a part of the Directive on Copyright in Digital Single Market, and its possible connection with training of generative AI systems. There have been many different opinions on the possible use of the respective directive on the training of generative AI systems among the academics and there are no decisions of supreme courts nor SDEU. Therefore, the historical interpretation method has been applied and the original will of the legislator has been investigated. During the work the analysis of a substantial amount of the written materials connected with the respective legislation has been made, including the preparatory documents as well as documents produced during the legislative process as such. Based on the thorough research and its connection with the actual historical development of the generative AI systems the conclusion has been made that the legislators in general were not aware of the possible application of the text and data mining exception to the training of generative AI systems and therefore it was not their will.
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