S.L. 415.8 · Copyright And Related Rights In The (S.L. 415.8)
S.L. 415.8 Art. 2Scope. Interpretation, Cap. 415. Cap. 426.
The main scope of these regulations is the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC.
3. In these regulations, unless the context otherwise requires:
"Act" means the Copyright Act;
"Board" shall have the same meaning as assigned to it in the Act;
"cultural heritage institution" means a publicly accessibly library or museum, an archive or a film or audio heritage institution;"
"educational establishment" means a college, school or university as recognised by the Minister responsible for education;
"information society service" means a service within the meaning of article 2 of the Electronic Commerce Act;
"Minister" shall have the same meaning as assigned to it in the Act;
"online content-sharing service provider" means a provider of an information society service of which the main or one of the main purposes is to store and give the public access to a large amount of content of copyright-protected works or other protected subject matter uploaded by its users, which it organises and promotes with the purpose of making a profit therefrom either directly or indirectly. Providers of services, such as not-for-profit online encyclopaedias, not-for-profit educational and scientific repositories, open source software-developing and-sharing platforms, providers of electronic communications services as defined in Directive (EU) 2018/1972, online marketplaces, business-to-business cloud services and cloud services that allow users to upload content for their own use, are not "online content-sharing service providers" within the meaning of these regulations; DIGITAL SINGLE MARKET
"press publication" means a collection composed mainly of literary works of a journalistic nature, but which can also include other works or other subject matter, and which:
(a) constitutes an individual item within a periodical or regularly updated publication under a single title, such as a newspaper or a general or special interest magazine;
(b) has the purpose of providing the general public with information related to news or other topics; and
(c) is published in any media under the initiative, editorial responsibility and control of a service provider.
Periodicals that are published for scientific or academic purposes, such as scientific journals and websites, such as blogs, that provide information as part of an activity that is not carried out under the initiative, editorial responsibility and control of a service provider, such as a news publisher, are not press publications for the purposes of these regulations.
"research organisation" means a university, including its libraries, a research institute or any other entity, the primary goal of which is to conduct scientific research or to carry out educational activities involving also the conduct of scientific research:
(a) on a not-for-profit basis or by reinvesting all the profits in its scientific research; or
(b) pursuant to a public interest mission recognised by a Member State;
in such a way that the access to the results generated by such scientific research cannot be enjoyed on a preferential basis by an undertaking that exercises a decisive influence upon such organisation;
"text and data mining" means any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations.