BrazilCopyright Law, Press Reproduction and Quotation Exceptions
Lei nº 9.610/1998, art. 46, I, a), e III
In force since .
A snippet reproduction rule binding public and private bodies.
What it requires
- You may reproduce a news item or informative article published in a daily or periodical, in the daily or periodical press, naming the author if the item was signed and the publication it was transcribed from.
- You may quote passages of any work, in a book, newspaper, magazine or any other communication medium, for study, criticism or controversy, to the extent justified for the purpose to be achieved, naming the author and the origin of the work.
- Do not assume either permission reaches a systematic news aggregator: no reported Brazilian decision applies either one to an aggregator rather than to a periodical reproducing another periodical's item or an individual quoting a published work.
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
What this law does
Article 46, I, a) permits, without offending copyright, reproducing a news item or informative article published in a daily or periodical, in the daily or periodical press, naming the author if the item was signed and the publication it was transcribed from.
Article 46, III separately permits quoting passages of any work, in a book, newspaper, magazine, or any other communication medium, for the purposes of study, criticism, or controversy, to the extent justified for the purpose to be achieved, naming the author and the origin of the work.
Neither provision carries a headline-length or short-extract cap distinct from these tests, and no reported Brazilian decision applies either provision to a systematic news aggregator rather than a periodical reproducing another periodical's item or an individual quoting a published work. Neighbouring rights under the Act, covering performers, phonogram producers, and broadcasting organizations, do not extend to a print or online news publisher's own reporting.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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