SPA publicly declares that it exercises the “Right of Reservation”, a mechanism recognized by Article 4, paragraph 3 of Directive (EU) 2019/790 of the European Parliament and of the Council, of 17 April 2019, and by article 75, no. 2, paragraph w) of the Portuguese Code of Copyright and Related Rights (Decree-Law no. 47/2023 of 19 June).
This legal instrument provides an exclusion mechanism relating to the commercial exploitation of works for the purposes of text and data mining (TDM), with regards to any automated data analysis technique inherent to Artificial Intelligence tools.
By exercising its Right of Reservation, conforming with the guidelines of the international institutions it is part of, SPA intends to restore exclusive rights to authors by making prospecting operations subject to prior authorization.
Therefore, entities that use SPA works to feed their training databases and to undertake related data mining activities must request prior authorization from SPA and necessarily negotiate the conditions of use.
SPA exercises its Right of Reservation on behalf of its members, so the prospecting of works (data mining) belonging to SPA’s repertoire, by entities developing Artificial Intelligence tools, must require prior authorization, in order to guarantee fair remuneration for all authors that SPA represents.
SPA, convinced of the countless opportunities that can be enhanced by the development of Artificial Intelligence, does not seek to place any obstacles to its development, but only tries to ensure – in the present and for the future – the balance of this process between all interested parties with the express safeguarding of the rights of the authors represented SPA represents.
Lisbon, June 14, 2024
