HaitiDécret du 12 octobre 2005 sur le Droit d'Auteur, exclusion de l'actualité et des simples faits
Décret du 12 octobre 2005, Droit d'Auteur, actualité
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 the news of the day and mere facts or data freely: the Decree excludes them from copyright, as it does official legislative, administrative and judicial texts and their official translations, and ideas, procedures, systems, operating methods, concepts, principles and discoveries.
- Do not rely on a general quotation or press-review exception to reproduce a headline or article text from a protected literary work: the Decree has none.
- Treat a compilation of works, folklore expressions or mere facts or data (such as an encyclopedia, anthology or database) as a protected work where the choice, coordination or arrangement of its contents is an intellectual creation, whether it sits on a machine-exploitable medium or in any other form.
- Do not lean on the Decree's citation exception for short fragments of a performance, phonogram or broadcast used to report a current event when your material is a written news article: it sits in the neighbouring-rights chapter and does not reach one.
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
The Decree excludes from copyright protection official legislative, administrative, or judicial texts and their official translations, the news of the day, and ideas, procedures, systems, operating methods, concepts, principles, discoveries, or mere facts or data, even where these are stated, described, explained, illustrated, or incorporated in a work.
The same provision recognizes a compilation of works, folklore expressions, or mere facts or data, such as an encyclopedia, anthology, or database, whether reproduced on a machine-exploitable medium or in any other form, as a protected work where the choice, coordination, or arrangement of its contents constitutes an intellectual creation.
The Decree carries no general quotation or press-review exception for reproducing a headline or article text from a protected literary work; its only citation exception, limited to short fragments of a performance, phonogram, or broadcast used to report a current event, sits in the chapter on neighbouring rights and does not reach a written news article. The Decree replaced and repealed the earlier Décret du 9 janvier 1968 on copyright.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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