Delegated Regulation on data access provided for in the Digital Services Act: Fair MusE’s response to the European Commission’s consultation.

The Digital Services Act (DSA) provides  a new framework for verified (or “vetted”) researchers’ access to data from Very Large Online Platforms (VLOPs) and  Very Large Online Search Engines (VLOSEs). This framework aims to strengthen  transparency and accountability of the largest online platforms. The European Commission is requested to adopt delegated acts in order to further define the circumstances in which data sharing should occur, the uses  that this data can enable, and the applicable procedures. In doing so,  the Commission shall also consider the rights and interests of the parties involved and, if necessary, establish independent advisory mechanisms.

Here is where Fair MusE researchers come in. From the document it is possible to grasp what types of data our project will use. The researchers working on the Fair MusE project will indeed make use of data such as music consumption patterns, user behavior, engagement metrics from digital content platforms, streaming services, and social media platforms, as well as information on subscriptions (demographics), prices for subscriptions, and data governance documentation. Additionally, Fair MusE’s researchers will use data and metadata on musical compositions, performances, recordings, and distribution as well as information on  algorithmic processes employed by internet services. All these types of data can shed  light on the influence of digital platforms, algorithmic systems, and online services on the music industry, as well as  issues faced by music creators and the economic and societal value of music. 

In this document, Fair MusE gives guidance on its data access needs,  procedure,  formats and the involvement of researchers. In terms of data formats,  Fair MusE’s researchers  believe that the Delegated Regulation should refrain from mentioning specified file formats, aside from the crucial goal of supporting a FAIR (Findable – Accessible – Interoperable – Reusable)  approach to  platform data. Instead,  Fair MusE advocates  the adoption of formulations that require the data and metadata that VLOPs and VLOSEs shall be  required to provide to vetted researchers using widely accepted, non-proprietary data formats (like JSON) and access methods (like REST API).

Finally, our team  believes that Article 40(12) of the DSA should also apply to data scraping for noncommercial research purposes. Fair MusE suggests the inclusion of this finding into  the European Commission’s upcoming Delegated Regulation, taking into account   the existing copyright exceptions for text and data mining under Articles 3 and 4 of Directive 2019/790.

Download the Feedback from Universidade Catolica Portuguesa on behalf of Fair MusE here

Cover image by Darius on Unsplash.