EcuadorCódigo Ingenios, uso justo y minería de textos
Arts. 211-212 Código Ingenios (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación), uso justo y actos que no requieren autorización
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- A use falling within the article 212 list, including library, archive, or museum text mining of a work already in the collection, does not require the rights holder's authorization, provided it does not conflict with the work's normal exploitation or unjustifiably prejudice the rights holder.
- Text and data mining outside that library, archive, or museum context, such as mining text scraped from the open web for model training, is not covered by this exception and needs another lawful basis.
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
Articles 211 and 212 list uses of a work that need no authorization, among them text mining by a library, archive or museum, and exempt such an institution from liability for its users' acts when it acts in good faith. They impose no duty to create, keep, produce or review a log or record of the mining or of the copy, and they carry no territorial clause.
- Kind
- None
- As of
What this law does
Article 211 states that using or exploiting a protected work or performance in the cases the next article lists is not a violation of patrimonial rights, provided it does not conflict with the work's normal exploitation and does not cause unjustified prejudice to the rights holder's legitimate interests, tested against a four-factor standard (the purpose and nature of the use, the nature of the work, the amount used relative to the whole, and the effect on the work's market value).
Article 212 then lists the acts that do not require authorization, including brief quotation for analysis, comment, or criticism with attribution, and, at item 9, an enumerated set of purposes for which a library, archive, or museum may reproduce a single copy of a work already in its collection, the eighth of which is text mining.
The exception is therefore not a general-purpose text-and-data-mining allowance: it is available only to a library, archive, or museum reproducing a work already in its own collection, not to a commercial or research entity scraping or mining text from the open web at large.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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