Federal Decree-Law on Copyright and Neighbouring Rights, news exclusion and press-review exception
Federal Decree-Law No. 38 of 2021, Arts. 3(3), 24
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You need not seek permission to use news, news reports and current events that are merely media news, which are excluded from copyright; the exclusion lapses where the compilation or arrangement of that material is itself an innovation.
- If you are a newspaper, circular or broadcasting organisation, you may copy excerpts of a work already lawfully made available to the public without the author's consent, if you credit the source and the author's name.
- If you are such an outlet, you may publish articles on subjects of current public concern; do not do so where the author stated a publication ban.
- If you are such an outlet, you may reproduce speeches delivered at public parliamentary, judicial or public sessions when copied in the context of transmitting breaking news.
- Keep any copying within the limits justified by its purpose; there is no separate headline-length or short-extract cap.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What this law does
Article 3(3) of the Federal Decree-Law on Copyright and Neighbouring Rights excludes news, news reports and current events that are merely media news from copyright protection outright; the exclusion lapses only where the compilation or arrangement of that material is itself an innovation.
Article 24(1)(a) separately lets a newspaper, circular or broadcasting organisation, without the author's consent and with the source and author's name credited, copy excerpts of a work already lawfully made available to the public. Article 24(1)(b) lets the same outlets publish articles on subjects of current public concern, unless the author stated a publication ban.
Article 24(1)(c) lets them reproduce speeches delivered at public parliamentary, judicial or public sessions when copied in the context of transmitting breaking news. The exception carries no headline-length or short-extract cap distinct from the requirement that the copying stay within the limits justified by its purpose.
The Decree-Law creates no separate press-publisher neighbouring right, no compelled platform-to-publisher bargaining regime, and no hot-news or misappropriation doctrine distinct from ordinary copyright and unfair-competition law, and it predates the concept of a machine-readable text-and-data-mining reservation, so no opt-out mechanism of that kind exists either.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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