Ley del Derecho de Autor, sin excepción de minería de textos y datos, protección de compilaciones
Decreto No. 4-99-E Ley del Derecho de Autor y de los Derechos Conexos, arts. 9(5), 44-50 (Definiciones; Limitaciones y Excepciones), arts. 46(1) and 47 as reformed by Decreto No. 16-2006, art. 54
In force.
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Obligation class
- TDM
- Audit expectation
- none
What it requires
- Do not reproduce a protected work, or a collection of works or of data original in its selection, coordination or arrangement, beyond the narrow personal-use, library-preservation or teaching exceptions this law states.
- There is no text-and-data-mining exception; reproducing copyrighted text at scale to train a model risks infringement unless authorized by the rights holder.
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.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- GAI-RISK-12Value Chain and Component Integration
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- ETSI EN 304 223
- 5.2.4-2.1Minimum record for training data: its source, such as a page URL, and when it was collected.
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
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Article 169 states that acts constituting a copyright crime are subject to the penalties the Código Penal sets, without stating a Lempira or imprisonment figure of its own in this law.
Who enforces it
Enforcement body
The Oficina Administrativa (the copyright administrative office), which fines those responsible for violations of the copyright law (art. 156).
Settledness
- As of
- Open questions
- Does the press-reproduction exception in Article 46(1), which applies where the reproduction 'no se haya reservado expresamente' (has not been expressly reserved), reach a company that copies news articles from websites to train a model, and does a site's terms of use or robots.txt directive count as that express reservation?
- Does a temporary copy held in memory while a page is parsed count as a 'reproducción' that is 'temporal' under the definition in Article 9(16), which includes 'cualquier almacenamiento por medios electrónicos' (any storage by electronic means)?
What it makes you log
Logging duty
Articles 9(5), 44 to 50 and 54 define derivative collections and list limitations on copyright (news, personal copies, library copies, official texts). The exceptions require the source and author to be named where indicated, which is attribution rather than a record, and impose no duty to create, keep, produce or review a log. The Act's registry provisions (arts. 127 and following) are not cited by this row. The cited provisions state no territorial clause.
- Kind
- None
- As of
What this law does
Article 9(5) defines a derivative work to include a collection of works or a collection of simple data, protected only where the collection is original by reason of the selection, coordination or arrangement of its content, a compilation-copyright standard rather than a sui generis, investment-based database right.
The limitations chapter (arts. 44-50) permits, without authorization or payment, press reproduction of articles of current events on economic, political or religious discussion, and of broadcast works of the same character, where not expressly reserved (art. 46(1), as reformed), and reproduction of fragments of works seen or heard during current events for informational purposes (art. 46(2)).
It also permits a single copy for the user's exclusive personal use, made by the user with their own means from a copy of a work they acquired lawfully, in special cases that do not conflict with the work's normal exploitation or unreasonably prejudice the author's legitimate interests (art. 47, as reformed), small-scale photocopying for exclusive personal use (art. 48), library preservation copying of out-of-print works (art. 49), and reprographic reproduction for teaching or examinations without a profit motive (art. 50).
None of these provisions is framed as, or reaches, a text-and-data-mining exception for training a model on scraped text, and no other article of this law creates one. Article 169 refers criminal liability for copyright infringement to the Código Penal without stating a penalty of its own. Article 156 lets the copyright office fine an infringer 10 to 200 monthly minimum wages administratively.
Article 174 lets a rights holder seek judicial seizure of infringing copies and claim damages for the infringement. Article 54 of the Ley de Implementación del Tratado de Libre Comercio, República Dominicana, Centroamérica, Estados Unidos (Decreto 16-2006), published in La Gaceta issue 30,961 of , reformed article 46(1) and set article 47 out anew.
Under its Article 71 the decree enters into force on the date the Treaty enters into force, the Treaty being the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). The CAFTA-DR entered into force for Honduras on . The copy of the Act on the Tribunal Superior de Cuentas site still prints articles 46(1) and 47 in their pre-reform wording. The sections this entry groups came into force on different days.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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