Law / Cabo Verde

Copyright Law Revision, News-Reporting and Quotation Exceptions

Decreto-Legislativo n.º 1/2009, de 27 de Abril de 2009 (Revisão da Lei do Direito de Autor), arts. 10.º, 62.º

In force since .

A snippet reproduction rule binding public and private bodies.

Instrument type
an act of a legislature

What it requires

  • You may use news of the day and reports of different events given simply for information; they cannot be protected, however disclosed (art. 10(a)).
  • You may quote short excerpts of another author's lawfully published work, in written, audio or visual form, without authorization or payment, when justified for scientific, critical or didactic reasons or for information and not so extensive as to lessen interest in the work (art. 62(1)(f)).
  • You may reproduce works included in filmed or televised news reports, or works permanently exhibited in public places or places where representatives of social communication bodies have access, without authorization or payment (art. 62(1)(c)).
  • For every use under article 62(1), respect the authenticity and integrity of the title and the author's name.
  • You need no press publisher's authorisation under this Law, which limits related rights to performers, producers of phonograms and videograms, and broadcasting organisations (art. 4).

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

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Research summary

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Article 10(a) provides that news of the day and reports of different events given simply for information, however disclosed, may not be protected, placing bare news reporting entirely outside the Law's subject matter.

Article 62(1) permits, without authorization from the author and without compensation, several uses of works already lawfully published or disclosed, provided the authenticity and integrity of the title and the author's name are respected: alínea (c) covers reproduction of works included in news reports, filmed or televised, or of works permanently exhibited in public places or in places where representatives of social communication bodies have access; alínea (f) covers citation of short excerpts of another author's work, in written, audio, or visual form, when justified for scientific, critical or didactic reasons or for information, as long as those excerpts are not so extensive as to lessen interest in the work.

Article 62(2) separately permits an author who reproduces his own articles or letters published in newspapers or periodicals in argument with another person to also reproduce the replies of his adversary, binding the latter to the same right. Article 4 confines related (neighbouring) rights to performers, producers of phonograms and videograms, and broadcasting organisations, so the Law creates no press-publisher right.

Article 8(b) protects a database as a compilation where its selection or arrangement is an intellectual creation. Article 64(c) excludes reproduction of all or a significant part of a database from the private-use exception at Article 62(1)(l), rather than creating a separate sui generis database right. Article 139 revoked the prior copyright statute, Law No. 101/IV/90 of December 29, and Article 140 provides that the Law enters into force immediately.

The Law was published in the Boletim Oficial I Série No. 17 Supplement of , the date WIPO Lex also records as the date of entry into force.

When LexLint raises it

When your app profile says your app reuses other publishers' content.

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