ComorosBangui Agreement (revised 1999), Annex VII, Free Use for Informatory Purposes
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
As of .
What it requires
- Superseded by the Act of of the Bangui Agreement, whose Annex VII repeals Title I of this Annex VII, so read this as context rather than a live duty. While it applied, the Bangui Agreement's Annex VII governed literary and artistic property in Comoros without separate domestic transposition.
- While it applied, you could reproduce in the press, broadcast or communicate to the public an economic, political or religious article already published in a newspaper or periodical, without the author's consent and without payment, if you credited the source and author.
- While it applied, this did not extend to a work whose right of reproduction had been expressly reserved.
- While it applied, you could also report on current events and reproduce political speeches and public addresses for informational purposes.
- While it applied, no Comorian case law tested whether the press exception reached a systematic aggregator's reproduction of headlines and snippets, as opposed to a traditional press review.
These lines are LexLint's reading of the law's text, as of .
What this law does
The Act of replaces the Act of as between the States party to it. Article 86(1) of Annex VII of the 2015 Act repeals Title I of Annex VII of the 1999 Act, the copyright title that carries Article 16 described here. WIPO Lex lists Comoros as a party to the Bangui Agreement with party dates of and . The 1999 Act provides that accession takes effect two months after the deposit of the instrument.
It also provides that after its entry into force no country may accede to previous Acts of the Agreement. The 1999 Act states that the Agreement and its Annexes apply in their entirety to every State that ratifies or accedes to it, so its Annex VII copyright regime governed literary and artistic property in Comoros directly, without need of separate domestic transposition. Comoros's deposit of an instrument of ratification of the 2015 Act is not confirmed.
Article 16 of Annex VII permits, without the author's consent and without payment, reproducing in the press, broadcasting, or communicating to the public an economic, political, or religious article already published in a newspaper or periodical, provided the source and author are credited, unless the right of reproduction has been expressly reserved; the same article separately permits reporting on current events and reproducing political speeches and public addresses for informational purposes.
Annex VII creates no press-publisher neighbouring right, no compelled platform-to-publisher bargaining regime, no hot-news or misappropriation doctrine distinct from ordinary copyright, and no machine-readable text-and-data-mining opt-out; it also predates any Comorian case law testing whether the press exception reaches a systematic aggregator's reproduction of headlines and snippets, as opposed to a traditional press review.
When LexLint raises it
When your app profile says your app reuses other publishers' content.