BarbadosCopyright Act, fair dealing exceptions
Copyright Act, Cap. 300 (Act 1998-4, as amended by Act 2006-1), ss. 51-53 (Fair Dealing)
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Characterise text-and-data-mining as research or private study, and weigh the extent copied, the purpose, and the effect on the work's market, before relying on fair dealing rather than a licence.
- Do not rely on a Barbadian database right for a scraped compilation; only ordinary copyright in an original compilation applies.
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 it makes you log
Logging duty
Sections 51 to 53 state when fair dealing for research or private study, for criticism, review or reporting current events, does not infringe copyright, and how a court decides whether a dealing is fair. They are exceptions to infringement and impose no duty to create, keep, produce or review a log or record. The Act has no text-and-data-mining exception in these sections, and the cited sections carry no territorial clause.
- Kind
- None
- As of
What this law does
Section 51 excuses fair dealing with a literary, dramatic, musical, or artistic work for research or private study from infringement, and section 52 separately excuses fair dealing for criticism or review, and for reporting current events, if accompanied by sufficient acknowledgment.
Section 53 directs a court to weigh the nature of the work, the extent used relative to the whole, the purpose and character of the use, and the effect on the work's market or value, so training a model on scraped copyrighted text under section 51 depends on characterising the use as research and satisfying those factors. The Act defines a literary work to include a written table or compilation, so a compiled database is protected only as an ordinary literary work if original.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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