Law / Argentina

Ley 11.723, news exclusivity, speeches, and quotation exception

Ley 11.723, Régimen Legal de la Propiedad Intelectual, arts. 10, 27, and 28

In force.

A snippet reproduction rule binding public and private bodies.

Instrument type
an act of a legislature
Categories
Hot news

What it requires

  • You may use, transmit or retransmit general-interest news, but state its source whenever you publish it in its original form.
  • Do not copy unsigned articles, anonymous contributions, reports, drawings, engravings or other original material that a newspaper, magazine, other periodical or news agency acquired with exclusivity; that material is the property of the outlet or agency.
  • Do not publish a political or literary speech, or a lecture on an intellectual subject, without the author's express authorization, and do not publish a parliamentary speech for profit without it; press reporting on a parliamentary speech is excepted.
  • You may publish commentary, criticism or notes on intellectual works for didactic or scientific purposes, including up to one thousand words of a literary or scientific work or eight musical measures, limited to the portions indispensable for that purpose.

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

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Research summary

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Article 28 makes unsigned articles, anonymous contributions, reports, drawings, engravings, or other original material acquired by a newspaper, magazine, or other periodical, or by a news agency, with exclusivity, the property of that outlet or agency; general-interest news, by contrast, may be used, transmitted, or retransmitted, though its source must be stated whenever it is published in its original form.

Article 27 bars publishing a political or literary speech, or a lecture on an intellectual subject, without the author's express authorization, and separately bars publishing a parliamentary speech for profit without the author's authorization, except for press reporting on it.

Article 10 lets anyone publish, for didactic or scientific purposes, commentary, criticism, or notes on intellectual works, including up to one thousand words of a literary or scientific work or eight musical measures, limited to the portions indispensable for that purpose; it carries no headline-length cap distinct from that word count and is not confined to the press industry.

No reported Argentine decision applies article 28's exclusivity rule, or article 10's quotation exception, to a systematic news aggregator as opposed to a competing news outlet or an individual quoting a published work. Argentina has no separate press-publisher neighbouring right, no compelled platform-to-publisher bargaining regime, and no located case law on hyperlinking or framed display. No commencement clause or commencement notice for the Law has been located.

The Law was sanctioned on and published in the Boletín Oficial of , issue number 11799.

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