No researcher can read all relevant research articles that are published in her field of interest. Even if she could, she would not be able to detect patterns in the research results that emerge only from large-scale computational analysis, known as text and data mining (TDM). Researchers who want to perform TDM on copyrighted research articles might seek clarity about whether they need permission from journal publishers or whether copyright’s fair use doctrine permits TDM on accessible articles. In almost all cases, performing TDM on accessible articles is a fair use. As long as the researcher is not bound by a contract that forfeits her fair use rights, she may proceed with TDM so long as her results do not make the full text, or substantial portions, of the underlying articles publicly available.
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