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http://dx.doi.org/10.59704/68942fbb2d63e0eb https://verfassungsblog.de/lawful-access-gatekeeper/ Lawful Access as a Gatekeeper for TDM in the EU - An Analysis of the Scope of the Lawful Access Requirement under EU Copyright Exceptions Synodinou, Tatiana-Eleni Vrakas, Giorgos eng 2025-11-17 electronic resource text/html ddc:342 CDSM Directive Copyright European Union Freedom of research InfoSoc Directive Text and Data Mining Copyright Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 Text and Data Mining (TDM) has become indispensable across disciplines: from medicine, where mining scientific articles can reveal patterns for new drug discoveries, to the humanities, where algorithms explore centuries of literature at once. The EU legislator embedded mandatory TDM exceptions into its Copyright in the Digital Single Market Directive. Chief requirement is that TDM can only be carried out on works to which researchers have “lawful access”. The concept of lawfulness, however, is anything but clear under EU copyright law.