HondurasLey del Derecho de Autor, reproducción de artículos de actualidad
Decreto No. 4-99-E Ley del Derecho de Autor y de los Derechos Conexos, art. 46 (Reproducción de Artículos de Actualidad), art. 46(1) as reformed by Decreto No. 16-2006, art. 54
In force.
A snippet reproduction rule binding private bodies.
- Obligation class
- Attribution
What it requires
- Credit the source and the author's name, where the work indicates one, for every use under article 46; none of its exceptions is free of attribution.
- You may reproduce and distribute by press, or broadcast or transmit by cable, articles of current events on economic, political or religious discussion published in newspapers or periodical collections, and broadcast works of the same character, without authorization or payment, unless the reproduction, broadcast or public transmission has been expressly reserved (art. 46(1)).
- You may reproduce and make available to the public, in connection with reporting on current events, fragments of works seen or heard during those events by photography, audiovisual work, broadcasting or cable transmission, to the extent justified by the informational purpose (art. 46(2)).
- You may use political, judicial or similar public speeches for informational purposes about current events; the author keeps the exclusive right to publish them for other purposes (art. 46(3)).
- None of these clauses states a headline-length or short-extract cap, no reported Honduran decision applies article 46 to a systematic news aggregator, and Honduras has no press-publisher neighbouring right.
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
- MIT mitigations Draft
- 3.2Data Governance
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-DET-013Providing Citations and Source Traceability for AI-Generated Information
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
Article 46's opening clause conditions all three of the exceptions it grants on crediting the source and the author's name where the work indicates one, so none of them is a use free of attribution.
Article 46(1), as reformed by Article 54 of the Ley de Implementación del Tratado de Libre Comercio, República Dominicana, Centroamérica, Estados Unidos (Decreto 16-2006), permits, without the rights holder's authorization and without payment, reproducing and distributing by press, or broadcasting or transmitting by cable, articles of current events on economic, political or religious discussion published in newspapers or periodical collections, and broadcast works of the same character, in cases where the reproduction, broadcast or public transmission has not been expressly reserved.
The copy of the Act on the Tribunal Superior de Cuentas site still prints article 46(1) in its pre-reform wording, which names information, news and articles of current events without that subject limit.
Article 46(2) separately permits reproducing and making available to the public, in connection with reporting on current events, fragments of works seen or heard during those events by photography, audiovisual work, broadcasting or cable transmission, to the extent justified by the informational purpose.
Article 46(3) permits using political, judicial or similar public speeches for informational purposes about current events, while reserving the author's exclusive right to publish them for other purposes. None of these clauses states a headline-length or short-extract cap distinct from the current-events and informational-purpose tests themselves, and no reported Honduran decision applies article 46 to a systematic news aggregator as opposed to press republication generally.
The Act's neighbouring rights, covering performers, phonogram producers and broadcasting organizations, do not extend to a print or online news publisher's own reporting, so Honduras has no press-publisher neighbouring right of the kind the European Union's Digital Single Market Directive Article 15 creates. No La Gaceta issue stating the day the Act came into force has been located.
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) of the Act. 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 .
When LexLint raises it
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