NSW Intellectual Property Law and Copyright on Data Mining?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AndrewA

Member
5 May 2016
1
0
1
Hi all,

Just curious if it is legal to engage in activities such as indexing and data mining of content on publicly available websites for providing services like search engines, corpus research or data analytics under intellectual property law. Is it sufficient to abide by a robots.txt file if present, or does the entire copyright statement for the website apply? Does it count under fair use/fair dealing? Are there different requirements for indexing Australian websites vs overseas websites (does international law apply)?

In preliminary research, I noticed that these provisions were addressed by the "Copyright and the Digital Economy" discussion paper in 2013 by ALRC, but I am unsure whether any of the recommendations were ever addressed in a legal sense. I would like to consider data mining, either for research or profit, but I obviously do not want to infringe copyright or unfairly use data.

Kind regards.