BeninLoi n°2005-30 relative à la protection du droit d'auteur et des droits voisins, exception de reproduction de presse et de comptes rendus d'actualité, et exclusion des nouvelles du jour
Loi n°2005-30 du 05 avril 2006 Exception de Reproduction de Presse et d'Actualité, relative à la protection du droit d'auteur et des droits voisins
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, ideas, procedures, systems, methods, concepts, principles, discoveries or bare data, or official legislative, administrative or judicial texts and their official translations; they are excluded from copyright protection outright.
- If you are the press, broadcasting or television, you may reproduce for informational purposes political, economic or socio-cultural articles, and public speeches at political, judicial, administrative or religious assemblies, public political gatherings and official ceremonies, naming the author and source.
- Do not rely on that permission where the copyright holder has expressly reserved the reproduction right.
- When covering a current event as a photographer, filmmaker or sound or visual broadcaster, you may record, reproduce and communicate to the public the literary works encountered in the coverage, to the extent justified by the informational purpose.
- Do not assume these exceptions reach a systematic aggregator's reproduction of headlines and snippets: no reported Beninese decision has tested it beyond a traditional press outlet's own reporting.
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 exclusion of "nouvelles du jour" (news of the day) in Article 9 reach a press outlet's written report of an event, or only the bare fact that the event occurred?
- Does a reservation of the right of reproduction made only in a website's terms of use or in a machine-readable signal count as the right having been "expressément réservé" (expressly reserved) under Article 16?
- Does "la presse" (the press), which Article 16 allows to reproduce articles "à des fins d'information" (for information purposes), include an automated news aggregator that is not itself a press outlet?
What this law does
Article 9 excludes official legislative, administrative, or judicial texts and their official translations, the news of the day, and ideas, procedures, systems, methods, concepts, principles, discoveries, or bare data from copyright protection outright: a bare fact, or the news of the day as such, is never a protected work under Beninese law, whichever outlet reports it first.
Article 16 lets the press, broadcasting, or television reproduce, for informational purposes and subject to naming the author and source, political, economic, or socio-cultural articles published in original or translated form, and public speeches delivered before political, judicial, administrative, or religious assemblies or at public political gatherings and official ceremonies, but only where the copyright holder has not expressly reserved the reproduction right.
Article 17 separately lets a photographer, filmmaker, or sound or visual broadcaster, when covering a current event, lawfully record, reproduce, and communicate to the public the literary works encountered in the course of that coverage, to the extent justified by the informational purpose.
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 outlet's own reporting, has not been tested in a reported Beninese decision.
Benin 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. Loi n° 2005-30 was promulgated at Cotonou on after the Constitutional Court's conformity decision.
Its text fixes no commencement day, and no Journal officiel issue carrying it and no other source stating 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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