ColombiaCopyright Act, Exclusive Reproduction Right, No Text and Data Mining Exception
Ley 23 de 1982, art. 12 (as amended by Ley 1915 de 2018)
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Enforcement body
- Direccion Nacional de Derecho de Autor
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Obtain the author's authorization before reproducing a copyrighted work by any means, including temporary electronic storage during crawling, since no text-and-data-mining exception applies.
- Do not rely on the quotation, teaching, or private-copy exceptions to reproduce copyrighted text at scale for model training; they are narrow and conditioned on non-commercial, limited use.
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 it makes you log
Logging duty
Article 12, as amended, grants the author the exclusive right to authorize or prohibit reproduction of the work in any form, including temporary electronic storage, and the row notes that it contains no text-and-data-mining exception. It imposes no duty to create, keep, produce or review a log or record, and carries no territorial clause of its own, so the hook is empty.
- Kind
- None
- As of
What this law does
Article 12, as rewritten by article 3 of Ley 1915 de 2018, gives the author the exclusive right to authorize or prohibit reproduction of the work by any means or form, permanent or temporary, including temporary electronic storage, as well as communication to the public, distribution, importation, commercial rental, and transformation.
Ley 23 de 1982 creates no text-and-data-mining exception and no machine-readable opt-out mechanism; its narrow enumerated exceptions (quotation with attribution, illustration for non-commercial teaching, single-copy reproduction for private non-commercial use) do not create a general ground for reproducing copyrighted text to train a model.
Colombian copyright law confers no sui generis database right; a compilation is protected only as a collective work for eighty years from publication in favor of its director, under article 24.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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