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Rights reservation (TDM opt-out)

By Updated

A rightholder's express reservation of text and data mining under Article 4(3) of the DSM Directive, which takes the content out of the general mining exception; for content made publicly available online it must be made in an appropriate manner, such as machine-readable means 1. General-purpose AI model providers must identify and comply with such reservations 2.

Developed in
ch. 20, Artefacts that evidence IP compliance
ch. 05, Pattern: Training-Data Rights Ledger
Chapters
ch. 05, Patterns · ch. 08, Regulatory Map · ch. 12, Governance Program · ch. 20, Existing Law
Contrast with
TDM exception
Source
2 numbered references, listed below

Where it is used

The term is not used under this name in running prose; the sections listed under "Developed in" treat it.

Patterns that use this term

One pattern page uses the term.

  • Algorithmic disgorgement

    A remedy that orders deletion of models or algorithms developed with unlawfully obtained data, not only the data itself.

  • GPAI

    General-purpose AI model: under the AI Act, a model that shows significant generality, can competently perform a wide range of distinct tasks and can be…

  • Provider

    Under the EU AI Act, whoever develops an AI system or general-purpose AI model, or has one developed, and places it on the market or puts it into service…

Sources

  1. [1] Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (Art. 3: text and data mining for scientific research by research organisations and cultural heritage institutions; Art. 4: a general exception subject to an express reservation, in an appropriate manner such as machine-readable means for content made publicly available online; Art. 7(1): contract terms contrary to Art. 3 are unenforceable). Official Journal of the EU (EUR-Lex). 2019-04-17. https://eur-lex.europa.eu/eli/dir/2019/790/oj (verified: primary)
  2. [2] Regulation (EU) 2024/1689 (AI Act), consolidated text as amended by Regulation (EU) 2026/1744 (Digital Omnibus on AI, in force 27 Jul 2026; definitions in Art. 3, incl. 3(1), 3(3) to 3(14), 3(14b), 3(20), 3(22), 3(23), 3(29) to 3(32), 3(49), 3(55) to 3(57), 3(60), 3(61), 3(63), 3(68); Arts. 4, 5, 6 (incl. 6(3) third subparagraph, profiling), 9, 10, 11, 13, 14, 15, 17, 22 to 27 (incl. 26(11)), 40, 41, 43, 47, 48, 50, 53 (incl. 53(1)(c)), 55, 57, 60, 72, 73, 86; Annexes I, III, IV). Publications Office of the EU (EUR-Lex). 2026-07-27. https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27/eng (verified: primary)

Definitions of legal terms paraphrase the cited text, which governs. Dated statements are as of .

Cite this term

García Aibar, J. (2026). Rights reservation (TDM opt-out). In AI Governance Engineering: The Thesis & Body of Knowledge (v0.5.0), Glossary. https://doi.org/10.5281/zenodo.22956197. https://aigovernanceengineer.com/glossary/rights-reservation-tdm-opt-out. CC BY 4.0

BibTeX

@misc{aige2026rightsreservationtdmoptout,
  author  = {Jorge García Aibar},
  title   = {{Rights reservation (TDM opt-out)}},
  note    = {Glossary, AI Governance Engineering: The Thesis \& Body of Knowledge, version 0.5.0},
  year    = {2026},
  doi     = {10.5281/zenodo.22956197},
  url     = {https://aigovernanceengineer.com/glossary/rights-reservation-tdm-opt-out}
}