Antigua and BarbudaCopyright Act, 2003, fair dealing for criticism, review and reporting current events
Copyright Act, 2003 (No. 22 of 2003), ss. 52-54
In force.
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may deal fairly with a literary, dramatic, musical or artistic work for research or private study without infringing copyright.
- Once a work has been lawfully disclosed, you may deal fairly with it for criticism or review of that or another work, or (other than a photograph) for reporting current events, if you give a sufficient acknowledgement.
- You need not acknowledge the source where current events are reported by sound recording, film, broadcast or cable programme.
- Judge fairness by the nature of the work, the extent and substantiality of the part used relative to the whole, the purpose and character of the use, and the effect on the work's potential market or commercial value.
- You need not seek permission to use an idea, concept, method, process, principle, procedure, system, discovery or mere data; a compilation of data is protected only as a literary work where its selection or arrangement is the author's own intellectual creation, and that protection does not reach the underlying data.
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
Section 6(9)(a) excludes an idea, concept, method of operation, process, principle, procedure, system, discovery or mere data from copyright protection even where expressed in a work, so a bare fact or item of data is never itself a protected work under Antiguan law.
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 of the kind the European Union's Database Directive provides.
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 separately lets a person, once a work has been lawfully disclosed, fairly deal with it for the purposes of criticism or review of that or another work, or (other than a photograph) for the purpose of reporting current events, without infringing copyright, so long as it is accompanied by a sufficient acknowledgement; no acknowledgement is required where current events are reported by sound recording, film, broadcast or cable programme.
Section 54 directs a court assessing fair dealing to weigh the nature of the work, the extent and substantiality of the part used relative to the whole, the purpose and character of the use, and the effect of the use on the work's potential market or commercial value. 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 reuses other publishers' content.
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