Copyright Act, fair dealing exceptions
Copyright Act, Cap. 252 (Act No. 12 of 2000, Revised Edition 2020), ss. 56-58
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Criminal exposure
- No
- Obligation class
- TDM
- Audit expectation
- none
What it requires
- Reproducing copyrighted Belizean text for research, private study, or reporting current events may fall within fair dealing, but training a model on it or crawling it at scale has not been tested against the fair-dealing factors in a reported case.
- There is no text-and-data-mining exception or database right to rely on instead.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Sections 56 to 58 state fair-dealing exceptions and the four-factor test a court applies, and section 57(1) and (2) condition criticism, review and the reporting of current events on a sufficient acknowledgement of the source, which is an attribution and not a record. The Act has no text-and-data-mining exception, so there is no condition under it for a miner to log or retain, and none of these sections requires a log, register or retained record.
- Kind
- None
- As of
What this law does
Section 56 permits fair dealing with a protected work for the purpose of research or private study. Section 57(2) separately permits fair dealing with a protected work, other than a photograph, for reporting current events, subject to a sufficient acknowledgement except where the reporting is by sound recording, film, broadcast, or cable programme.
Section 58 sets a four-factor fair-dealing test: the nature of the work, the extent and substantiality of the part used, the effect on the potential market for or commercial value of the work, and the purpose and character of the use. The Act contains no text-and-data-mining exception and no sui generis database right, so training a model on scraped copyrighted Belizean text rests only on whether the research or private-study ground, tested against the section 58 factors, can be made out.
Civil remedies, including injunction and delivery up, are the mechanism for infringement by reproduction; separate criminal offences under section 52 attach to commercial dealing in infringing physical articles rather than to digital reproduction.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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