BurundiLaw No. 1/021 of December 30, 2005 on the Protection of Copyright and Related Rights, news and press-review exceptions (Article 26(2)) and facts exclusion (Article 7)
Loi n° 1/021 Press Review and Current-Events Exception (Art. 26.2), portant protection du droit d'auteur et des droits voisins, 30 décembre 2005
In force since .
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 daily news published, broadcast or communicated in public, mere facts and data, or acts, legal decisions and administrative decisions and their official translations; they are excluded from copyright protection outright.
- Once a work has been lawfully published, you may quote from it in another work, including quotations from newspaper articles and periodicals in the form of press summaries, if the quotation is compatible with fair practice, does not exceed the extent justified by its purpose, and names the source and the author.
- You may reproduce in the press, or communicate to the public, a current economic, political or religious news article published in a newspaper or periodical, or a broadcast of the same character, if you clearly indicate the source.
- Do not do so where the article as published, or the work as broadcast, carried an express condition prohibiting such use.
- Do not assume either exception reaches a systematic aggregator's reproduction of headlines and snippets: no reported Burundian 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 a website's terms of use or a machine-readable opt-out amount to "any express condition prohibiting such use" under Article 26(2), so that an article on "current economic, political or religious topics" may no longer be reproduced in the press or communicated to the public?
- Does Article 26(2) permit an automated service to reproduce the full text of such an article, or only to communicate it to the public with the source clearly indicated?
What this law does
Article 7 excludes acts, legal decisions and administrative decisions and their official translations, daily news published, broadcast or communicated in public, 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 Burundian law, whichever outlet reports it first.
Article 26(1)(b) separately lets any person, once a work has been lawfully published, quote from it in another work, including quotations from newspaper articles and periodicals in the form of press summaries, provided the quotation is compatible with fair practice, does not exceed the extent justified by its purpose, and the source and the author's name are mentioned.
Article 26(2) lets a current economic, political or religious news article published in a newspaper or periodical, or a broadcast of the same character, be reproduced in the press or communicated to the public, subject to the source being clearly indicated, unless the article as published, or the work as broadcast, was itself accompanied by an express condition prohibiting such use, meaning the publisher can reserve the reproduction right in advance.
Neither exception is capped at a headline-length or short-extract threshold and neither is confined to the press industry; whether either 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 Burundian decision.
Burundi 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.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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