Saint Kitts and NevisCopyright Act, 2024, criticism, review and reporting exception
Copyright Act, 2024 (No. 14 of 2024), s. 53 (Criticism, review and reporting)
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A snippet reproduction rule binding private bodies.
What it requires
- You may deal fairly with a work for criticism or review of that or another work, or (for a work other than a photograph) for reporting current events, without infringing copyright or related rights, provided you give sufficient acknowledgment: the work's title and its author, subject to exceptions (sections 53 and 51).
- Judge fairness by the nature of the work, the extent and substantiality of the part used relative to the whole, the purpose and character of the use, and the effect on the potential market for or value of the work (section 55); the Act sets no separate headline-length or short-extract cap.
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
Section 53(1) permits, without infringing copyright or related rights, fair dealing with a work for the purposes of criticism or review of that or another work, or fair dealing with a work other than a photograph for the purpose of reporting current events, so long as it is accompanied by sufficient acknowledgment (defined in section 51 as identifying the work by its title and identifying the author, subject to exceptions).
Section 55 sets the general factors for determining fair dealing across the Act's exceptions: the nature of the work, the extent and substantiality of the part used relative to the whole, the purpose and character of the use, and the effect on the potential market for or value of the work.
The Act carries no headline-length or short-extract cap distinct from this fair-dealing test, and no reported decision in this jurisdiction applies section 53 to a systematic news aggregator rather than an individual quoting a published work. The Act's neighbouring rights, covering performers and producers of sound recordings, do not extend to a print or online news publisher's own reporting. No commencement notice for the Act has been located in the Official Gazette.
When LexLint raises it
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