Are texts and personal data of researchers reused by Elsevier to develop commercial AI reviewing products?
European copyright does not allow Text Mining on scientific articles
For the moment, many subscription journals practice a complete copyright transfer after acceptance of author manuscript by contracts or acceptance of general conditions.
Copyright transfer to publisher in practice means that Text Mining (TM) is only possible where Fair Use exception of copyright applies, such as USA and UK: only for non-commercial purpose. The rest of Europe does not have such disposition: even for researchers working in universities with already paid site licenses for metadata, references and attached abstracts, or full texts of articles, they have to pay licences to perform TM.
Plan S position shows that the current use situation of copyright of scientific articles may not be satisfactory for further research, including TM and Artificial Intelligence (AI) developement. Plan S states that researcher-author of article should retain copyright and apply an CC-BY license, to allow easier re-use of article, as stated in the Berlin Declaration. The copyright reform in EU includes debates on a kind of introduction of Fair Use exception for research purpose.
PlanS and copyright reform clearly consider TM as a high issue for research. Some persons and groups even think to allow TM for commercial purpose for the benefit of innovation. But to my knowledge, legacy publishers are not supporting introduction of fair use.