Earlier this year, we noticed that some academic publishers have revised the copyright notices on their websites to state they reserve rights to text and data mining (TDM) and AI training (for example, see the website footers for Elsevier and Wiley). This new language may create confusion among libraries and researchers as TDM and AI-based analysis become an increasingly important aspect of research. 

SPARC asked Kyle K. Courtney, Director of Copyright and Information Policy for Harvard Library, to address key questions regarding these revised copyright statements and the continuing viability of fair use justifications for TDM.

1.  Do revised copyright statements at the bottom of a website explicitly reserving rights to AI training change the fair use case for these activities?

The short answer is: no, probably not.