Recommendations on current mechanisms to reserve rights
In the European Union, Article 4 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market requires publishers to take active steps to reserve their rights from the text and data mining (TDM) exception for commercial uses. As rightsholders, publishers have the discretion to decide how best to reserve their rights in accordance with the law.
To support its members, STM has developed recommendations for consistent and effective implementation of Article 4. In particular, we supported the development of the TDMRep protocol, a simple solution for signaling content rights through metadata both at platform and work-level across content types.
The methods we point to—robots.txt, TDMRep, and the International Standard Content Code (ISCC)—provide complementary ways for rightsholders to communicate their TDM policies. While none can fully prevent misuse by non-compliant actors, they offer vital transparency signals that strengthen accountability and legal enforceability across the digital ecosystem.
We are constantly monitoring and engaging with stakeholders to consider the emergence of new solutions as well.
However, the lack of transparency and cooperation from some AI companies makes it difficult to verify whether these mechanisms are being respected—the successful implementation of rights reservation is dependent on granular transparency, authorised crawling and penalties for non-compliance.