Text and Data Mining (TDM) Exception: What It Means for Researchers
— by Eddie Ko
Earlier this year, the Hong Kong government published the Outcomes of Public Consultation and Proposed Way Forward on Enhancement of the Copyright Ordinance regarding Protection for Artificial Intelligence Technology Development. A key highlight is the proposed introduction of a Text and Data Mining (TDM) exception, which could be a game-changer for researchers who rely on large-scale computational analysis of copyright-protected materials.
What is TDM Exception
Once implemented, the TDM exception will allow researchers to copy and analyze vast amounts of text and data from copyrighted works using AI and machine learning tools without seeking permission or licenses from copyright owners. This will help accelerate scientific discovery, innovation, and technology development by removing related legal barriers.
The proposed TDM exception covers both non-commercial and commercial research uses. This means academic-corporate collaboration projects will also benefit from this new legal framework.
Key Conditions of the TDM Exception
The interactive infographic below summarizes the conditions of the TDM exception. For detailed information, please refer to the original document: Enhancement of the Copyright Ordinance regarding protection for artificial intelligence technology development – Outcomes of public consultation and proposed way forward (PDF).
Current Status
Although the government initially aimed to introduce the amendment bill to the Legislative Council (LegCo) in the first half of this year, no updates have been announced even after the last regular LegCo meeting in 2025. Researchers should stay informed and engaged as this legislation will directly affect their ability to conduct efficient, large-scale data analysis.
Key Takeaways
- The proposed TDM exception is expected to transform research capabilities in Hong Kong.
- Researchers should stay informed about these developments to ensure compliance with the new regulations and guidelines.
- Explore how you can make use of the TDM exception to open new research possibilities.
Related Library Online Guide: Key Issues with Generative AI and Copyright
References
Commerce and Economic Development Bureau, Intellectual Property Department. (2025). Enhancement of the Copyright Ordinance regarding protection for artificial intelligence technology development – Outcomes of public consultation and proposed way forward (Legislative Council Paper No. CB(2)240/2025(04)).
https://www.legco.gov.hk/yr2025/english/panels/ci/papers/ci20250218cb2-240-4-e.pdf
