BulgariaCopyright and Neighbouring Rights Act (ZAPSP), Arts. 26e, 26zh and 26k, Text-and-Data-Mining Exception for News Aggregation
ZAPSP news-aggregation TDM exception (Закон за авторското право и сродните му права, Zakon za avtorskoto pravo i srodnite mu prava) chl. 26e, 26zh i 26k, izm. i dop. DV br. 100 ot 1 dekemvri 2023 g.
In force since .
A text and data mining (TDM) opt-out rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may reproduce a work you have lawful access to, including a press publication, or extract data from it, for automated text-and-data analysis without the rightsholder's consent.
- Before mining, check for a reservation: a rightsholder, including a press publisher, may reserve this use by technical means that the software performing the analysis can recognize, and for works available electronically the prohibition has effect only if so established.
- Honour that reservation; a news aggregator indexing press content must do so to remain within the exception.
- If you are a university, library or research institute mining for scientific research, a separate exception applies that does not depend on a reservation.
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 a robots.txt directive or another signal that a crawler can read count as a prohibition 'установена с технически средства, разпознаваеми от софтуера, извършващ автоматизиран анализ' under Article 26е, paragraph 4 ZAPSP, and does a reservation stated only in a site's terms of use?
What this law does
A person with lawful access to a work, including a press publication, may reproduce it or extract data from it for automated text-and-data analysis without the rightsholder's consent, per Article 26e(1).
A rightsholder, including a press publisher, may reserve that use by technical means that the software performing the analysis can recognize, and for works available electronically the prohibition has effect only if so established, per Article 26e(4); a news aggregator indexing press content must honor that reservation to remain within the exception.
A separate exception in Article 26zh, not subject to that reservation, covers universities, libraries and research institutes mining for scientific research, and Article 26k(2) obliges a rightsholder to give such a research user access within 72 hours of a request.
When LexLint raises it
When your app profile says your app reuses other publishers' content, crawls the web or trains models.
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