The Right to Research and Copyright Law: Text and Data Mining

Text and Data Mining (TDM) technology is a valuable tool in research, enabling the analysis of large amounts of data quickly. TDM involves a four-step process of identifying relevant documents, converting them to machine-readable format, extracting structured data, and mining the data for new knowledge. However, conducting research using TDM in Kenya presents several challenges, such as the absence of a supportive legal framework, limited access to reliable internet connections, a shortage of AI experts, and insufficient financial resources. TDM research often involves the use of copyrighted materials, requiring either consent from the copyright owners or exceptions in copyright law. While some countries have amended their laws to provide specific exceptions for TDM, Kenya’s copyright law lacks clarity in this regard. Kenya’s copyright framework has an exception for scientific research, but there is a lack of clarity on whether TDM research falls under this exception. Comparisons with South Africa’s copyright amendment law highlight the need for more specific and flexible exceptions. This research found that Kenya’s copyright exceptions and limitations should be updated and expanded to accommodate TDM research and other technology-based research. International guidelines are also needed to address the application of copyright to TDM technology.