This article updates and expands the work presented in A. Strowel and R. Ducato, “Artificial intelligence and text and data mining: a copyright carol” in E. Rosati (ed.), Handbook of EU Copyright Law, Routledge, forthcoming 2021. A sincere thanks to Roberto Caso and Ula Furgal for the constructive discussion on an early draft of this article. The authors have jointly conceived the paper and share the views expressed therein. Nonetheless, while Section 4 is attributable to Alain Strowel, Section 3 is specifically attributable to Rossana Ducato. Both authors equally contributed to the drafting of the remaining sections.Peer reviewedPublisher PD