Well, I think there are academic considerations about how section 185 should be interpreted. It can be argued quite strongly that section 185 applies only to “computerized data analysis” and not to the “fair use” of non-copyrighted content, since the permitted uses are designed that way. In any event, I think it is pretty clear that section 185 opens the door to web scraping of non-copyrighted content in some cases. Which is great. In this article, I looked at how web scraping is handled under copyright laws in a number of different jurisdictions. But during my research, I realized that Singapore`s new Copyright Act of 2021 takes a pretty special stance on the legality of web scraping. If the terms and conditions of the website we scrape specifically prohibit downloading and copying its contents, we may have problems scratching it. In practice, however, web scraping is a tolerated practice, provided reasonable precautions are taken not to interfere with the “regular” use of a website, as we have seen above. However, you should be aware that you may infringe copyright without the permission of the copyright owner. If you`re concerned about the legal implications of using web scraping on a project you`re working on, it`s probably a good idea to seek professional advice, preferably someone familiar with the applicable intellectual property (copyright) laws in your country. Now, not all cases of website scraping fall under the permitted use of “computer data analysis.” To recall our previous example, I can`t just republish Wikipedia.
The problem is that Wikipedia content is probably copyrighted. Also, some readings of Wikipedia`s terms of service suggest that web scraping could constitute a breach of contract (It`s complicated and completely legal. But either way, the terms are worth reading). “Web scraping” essentially means asking a bot (a “web scraper”) to copy code from the Internet (for technicians: they copy HTML or XML code, but usually HTML). This code can then be used for various useful purposes, such as data-driven search or creating the next Google. Some time ago, I published an article on web scraping by the amazing team at Singapore Law Review. It is important to realize that web scraping can be illegal in certain circumstances, and this differs from country to country. For an interesting (Australian) copyright case involving web scraping, see IceTV vs Channel Nine. Please note that the information provided on this page is provided for informational purposes only and does not constitute professional legal advice on the practice of web scraping. In short, code scraped on the web could be copyrighted. At the same time, when you access a website, you may be bound by its “Terms of Service” (think checkboxes and illegible pieces of text), and the Terms of Service may prevent you from harvesting the web.
Copyrights and contracts can get you in trouble. In a sense, web scraping is no different from using a web browser to visit a web page, as it is equivalent to using computer software (a browser or scraper) to access publicly available data on the Internet. However, researchers need to be aware of the risk, as the law views web browsing differently from automated scraping. But with all the benefits that can be derived from scraped web code, there are also many issues associated with web scraping. This indicates that even when you scrape non-copyrighted content, you can still rely on the lawful use of “computer data analysis” and “fair dealing.” This means that you can also rely on the prohibitions of contractual derogations. But web scraping has brought huge benefits to the world when done right. At the same time, however, you don`t want to allow random people to copy other people`s websites and scam their efforts. So we have to find a balance. What is less well known is that webscraping can be a copyright infringement, breach of contract, and data breach. The last of them is much more complicated, so I left it aside for my current adventure. But the other two are interesting. Today, Singapore`s copyright system is not the first to grant tickets under copyright and contracts.
The giant that preceded us was, of course, the European Union. They have been dreaming of a “text and data mining” exception since at least 2014, and their copyright in the Digital Single Market Directive (the “CDMD”) also provides for certain prohibitions on contractual derogations. File .txt view of robots. Robots.txt is a file used by websites to allow “bots” to know if and how to crawl and index the website. If you`re trying to extract data from the internet, it`s important to understand what robots are and how to comply with them .txt avoid legal consequences. This file can be accessed for any domain by accessing /robots.txt. For example: monash.edu/robots.txt, facebook.com/robots.txt, linkedin.com/robots.txt. Publish your own data in a reusable way.
Don`t force others to write their own scrapers to get your data. Use open, software-independent formats (e.g., JSON, XML), provide metadata (data about your data: where it comes from, what it represents, how it is used, etc.) and make sure it can be indexed by search engines so users can find it. According to the CDSMD, there is some room for commercial “text and data mining” (Article 4). However, the prohibition on crushing only applies to non-commercial `text and data mining` for research or scientific purposes (Article 3 in conjunction with Article 7(1)). The same goes for other countries such as the United Kingdom and Japan.