Antigua and BarbudaCopyright Act, 2003, fair dealing and database compilation
Copyright Act, 2003 (No. 22 of 2003), ss. 15, 52-54
In force.
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- A database (a compilation of data) is protected as a literary work only if the selection or arrangement of its contents is your own intellectual creation; the underlying data is not itself protected.
- Fair dealing with a work for research or private study, or for criticism, review, or (other than a photograph) reporting current events, does not infringe copyright if accompanied by a sufficient acknowledgement, but no text-and-data-mining exception exists for training on copyrighted text beyond that ground.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Section 15(2) makes a compilation of data eligible for protection as a literary work, and sections 52 to 54 allow fair dealing for research or private study, criticism, review and reporting current events, the last two on condition of a sufficient acknowledgement of the source. It imposes no duty to create, keep, produce or review a log or record. An acknowledgement credits the work and is not a record of an access. The Act has no text-and-data-mining exception, no machine-readable opt-out and no separate database right.
- Kind
- None
- As of
What this law does
Section 15(2) makes a compilation of data or other material, described in the Act as a database, eligible for protection only as a literary work, and only where the selection or arrangement of its contents is the author's own intellectual creation; that protection does not reach the underlying data itself, and the Act creates no separate sui generis database right.
Section 52 lets a person deal fairly with a literary, dramatic, musical or artistic work for the purposes of research or private study without infringing copyright, and section 53 lets a person, once a work has been lawfully disclosed, fairly deal with it for the purposes of criticism or review, or (other than a photograph) for reporting current events, without infringing copyright, so long as it is accompanied by a sufficient acknowledgement.
Section 1(2) leaves the Act's own commencement to a day the Minister appoints by notice published in the Gazette, and no such notice has been located. It received the Governor-General's assent on .
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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