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Abstract In recent years, there has been a growing body of legal regulation of text and data mining (TDM). Since 2018, Japan, the European Union, Singapore and others have promoted changes to their copyright law and included specific limitations and exceptions for TDM. These changes have been slow in the Global South and the developing world, even though they are urgently needed there. This report aims to present the Brazilian copyright legal framework and the policy documents related to Intellectual Property, Artificial Intelligence and innovation influencing political and public debate. This set of policies and legislative texts provides the grounds for the discussion on the need for a TDM Limitation in Brazil, a debate which has been intensified within the scope of the work carried out by a special commission that was convened by the Brazilian Senate to work on a substitute draft for the AI Bill. Brazil’s TDM provision is focused on uses carried out by public-interest-oriented organizations. It found its place within the Bill on AI as a distinct topic and is currently formally part of Bill 2338/2023, which is being discussed in the Senate. While there is a reasonable possibility that the TDM provision will be voted on and approved in the Senate, recent developments on Generative AI may bring even more complexity to the debate on the interplay between AI and copyright.
Schirru et al. (Thu,) studied this question.