TDM copyright for AI in Europe: a view from Portugal.

The article focuses on the introduction and implications of new text and data mining (TDM) copyright exceptions within the European Union (EU) to support artificial intelligence (AI) development. The EU's Digital Single Market (DSM) Directive establishes a mandatory TDM exception for scientific research by research organizations and cultural heritage institutions, allowing them to mine copyrighted works without authorization, provided they have lawful access. Additionally, a general default TDM exception applies to other entities and purposes but can be contractually or technically restricted by rights holders, including for computer programs. The Portuguese implementation closely follows the DSM Directive but omits explicit provisions on TDM for software research, raising concerns about its impact on AI innovation. Overall, the regime balances copyright protection with fostering AI development, though its effectiveness and scope remain subject to ongoing legal and practical uncertainties.