GrenadaCopyright Act, 2011, quotation, temporary reproduction and compilation copyright
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Obtain a licence, or rely on the fair-dealing quotation exception, before reproducing a copyright-protected Grenadian work at scale for model training, since the Act has no text-and-data-mining exception.
- Where relying on the quotation exception, keep the reproduction to a short part compatible with fair dealing, not exceeding the extent justified by the purpose, and give the source and the author's name.
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
If you get it wrong
Criminal exposureYes
Criminal exposure note
Infringing a protected right for profit-making purposes, knowing or having reason to believe it is an infringement, is an offence punishable on summary conviction by a fine not exceeding fifty thousand dollars and imprisonment not exceeding five years (s. 43(1)). Grenada's currency is the Eastern Caribbean dollar (XCD).
Penalty structure
Criminal penalty applies only to an infringement for profit-making purposes where the infringer knew or had reason to believe it was an infringement (s. 43(1)); ordinary civil infringement is remedied under s. 40 (civil remedies), not stated as a fixed sum.
- Rule
- Fixed only
- As of
- Currency
- XCD
- Fixed cap
- 50,000
What it makes you log
Logging duty
Section 10 allows quotation of a short part of a published work if compatible with fair dealing, with the source and the author named; section 13 allows temporary reproduction that entails automatic deletion of the copy; section 9 excludes reproduction of the whole or a substantial part of a database from the personal-use permission. The attribution on a quotation and the automatic deletion of a transient copy are conditions on the copy, not a log, and no clause requires a record to be made, kept or produced. The cited sections have no territorial clause.
- Kind
- None
- As of
What this law does
Section 10 permits, without the copyright owner's authorisation, the reproduction of a short part of a published work as a quotation, provided the reproduction is compatible with fair dealing, does not exceed the extent justified by the purpose, and is accompanied by an indication of the source and the author's name.
Section 13 permits a narrower exception for temporary reproduction made in the process of transmitting a work or making a stored work perceptible, where the person doing so is entitled to do the act by authorisation of the copyright owner or by operation of law, so it does not itself authorise unauthorised bulk collection.
The Act has no express text-and-data-mining exception, so large-scale reproduction of copyright-protected Grenadian works for model training rests only on the fair-dealing quotation ground, whose short-extract and source-attribution conditions are a poor fit for that use.
Section 6(1)(b) protects a collection of data (a database) as a derivative work only where the collection is original by reason of the selection, co-ordination or arrangement of its contents, a compilation-copyright standard rather than a sui generis database right of the kind some other jurisdictions confer.
Criminal liability for infringement (s. 43) attaches only where the infringement is for profit-making purposes and the infringer knew or had reason to believe it was an infringement, punishable on summary conviction by a fine not exceeding fifty thousand dollars and imprisonment not exceeding five years. The Act came into force on under the Copyright Act (Commencement) Order, 2012, made under section 61 of the Act.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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