Burkina FasoLoi n°048-2019/AN du 12 novembre 2019 portant protection de la propriété littéraire et artistique, database and news exceptions
Loi n°048-2019/AN Database and News-Facts Exclusions (Arts. 10 et 22), portant protection de la propriété littéraire et artistique, 12 novembre 2019
In force.
A database right rule binding public and private bodies.
- Private right of action
- No
- Obligation class
- Attribution
- Audit expectation
- none
What it requires
- Treat a database compiled through the selection or arrangement of its contents as a protected work: do not reproduce all or a substantial part of it without the rights holder's authorization, even for otherwise-permitted private use.
- Rely only on the Law's enumerated exceptions rather than a general fair-use or text-and-data-mining defense when quoting, analyzing, or reproducing a protected work: a short quotation or analysis, a press review, or current-events reporting, each requiring clear credit to the author and source, and none framed as covering AI training.
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.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- MIT mitigations Draft
- 3.2Data Governance
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-DET-013Providing Citations and Source Traceability for AI-Generated Information
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
Who enforces it
Settledness
- As of
- Open questions
- Does a dataset assembled by automated collection fall within the "bases de données" (databases) that Article 9 protects when they "par le choix, la coordination ou la disposition des matières, constituent des créations intellectuelles" (by the selection, coordination or arrangement of the material, are intellectual creations), given that Article 10 excludes "aux simples faits et données" (mere facts and data)?
- Does the Article 10 exclusion of "aux nouvelles du jour" (the news of the day) remove protection from the text of a news article itself, or only from the news it reports?
What it makes you log
Logging duty
Article 10 excludes official legal texts, the news of the day and mere facts and data from copyright protection, and Article 22 lists the private-copy exception and its carve-outs, including the reproduction of all or a substantial part of a database. Article 23 permits analyses, short quotations and press reviews with a clear indication of the author and source, which is an attribution condition and not a record. None of them imposes a duty to create, keep, produce or review a log or record, and the Law has no text-and-data-mining exception in these articles. The cited articles carry no territorial clause.
- Kind
- None
- As of
What this law does
Burkina Faso's copyright statute, which repealed and replaced the 1999 literary and artistic property law. Article 10 excludes official legislative, administrative, or judicial texts and their official translations, the news of the day, and mere facts and data from copyright protection outright.
Article 22 lists the private-copy exception's limits and expressly excludes reproducing the whole or a substantial part of a database from it, which means a database is treated as a protected compilation whose substantial reproduction the rights holder can otherwise prevent; there is no separate sui generis database right of the EU kind.
Article 23 lets a person, once a work has been lawfully disclosed and its author and source are clearly credited, make short critical, polemical, pedagogical, scientific, or informational quotations and analyses, compile press reviews, and reproduce or broadcast, even in full and in original or translated form, current political, social, economic, or religious news articles and public speeches for current-events informational purposes.
None of these exceptions is framed as a text-and-data-mining carve-out, and nothing in the Law addresses AI training specifically. The Law was promulgated by Décret n° 2019-1275/PRES of , which orders its publication in the Journal officiel du Faso. The Law's final articles state no day of its own for its entry into force. No issue of the Journal officiel du Faso carrying the Law, and no record of the day it came into force, has been located.
When LexLint raises it
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