Burkina FasoLoi n°048-2019/AN du 12 novembre 2019 portant protection de la propriété littéraire et artistique, press review and current-events exception (Art. 23) and facts exclusion (Art. 10)
Loi n°048-2019/AN Press Review and Current-Events Exception (Art. 23), portant protection de la propriété littéraire et artistique, 12 novembre 2019
In force.
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You need not seek permission to use the news of the day, mere facts and data, or official legislative, administrative or judicial texts and their official translations; they are excluded from copyright protection outright.
- Once a work has been lawfully disclosed, you may make short critical, polemical, pedagogical, scientific or informational quotations and analyses and compile press reviews, if you clearly credit the author's name and the source.
- For current-events informational purposes you may reproduce or broadcast, even in full and in original or translated form, current political, social, economic or religious news articles and public speeches delivered before political, administrative, judicial or academic assemblies, crediting the author and source, unless the exploitation rights have been expressly reserved.
- Do not assume this reaches a systematic aggregator's reproduction of headlines and snippets: no reported Burkinabe decision has tested it beyond a traditional press review or a broadcaster's current-events report.
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
Who enforces it
Settledness
- As of
- Open questions
- Does the Article 23 exception for "les revues de presse" (press reviews) cover an automated digest that reproduces article text beyond a headline and short extract?
- Does a notice in a website's terms of use or a machine-readable opt-out count as rights of exploitation "expressément réservés" (expressly reserved) under Article 23, so that the exception for reproducing current-events articles in full no longer applies?
What this law does
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: a bare fact, or the news of the day as such, is never a protected work under Burkinabe law, whichever outlet reports it first.
Article 23 separately lets any person, once a work has been lawfully disclosed, and provided the author's name 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 delivered before political, administrative, judicial, or academic assemblies, for current-events informational purposes, unless the exploitation rights have been expressly reserved.
The exception is not capped at a headline-length or short-extract threshold and is not confined to the press industry; whether it reaches a systematic aggregator's reproduction of headlines and snippets, as opposed to a traditional press review or a broadcaster's current-events report, has not been tested in a reported Burkinabe decision.
Burkina Faso has no separate press-publisher neighbouring right, no compelled platform-to-publisher bargaining regime, no recognized hot-news or misappropriation doctrine distinct from ordinary copyright and unfair-competition law, and no located case law on hyperlinking or framed display. 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
When your app profile says your app reuses other publishers' content.
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