Copyright Law, Computer Program Protection and Use-Without-Permission Exceptions
In force.
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not copy, adapt, or otherwise use a copyrighted work, including a computer program, beyond the nine listed permission-free cases (personal or family use, library or archive preservation, school education, state management, press introduction, quotation, free performance, public-place copying, and Braille or sound recording for the blind).
- There is no machine-readable opt-out or text-and-data-mining exception; training on copyrighted North Korean text or software rests only on whether one of the nine listed cases applies.
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
If you get it wrong
Criminal exposureYes
Criminal exposure note
Criminal Code Art. 139 imposes labor-training for infringing a copyright, patent, trademark, industrial design or appellation of origin with serious consequences, and up to 5 years of labor-reform where the consequences are especially serious; Art. 215 imposes labor-training for unlawfully evaluating and suppressing, or causing to be introduced, another's authorship, invention or creative design; the Copyright Law's own Art. 47 refers infringement generally to administrative or penal responsibility without stating an amount.
What it makes you log
Logging duty
Article 9 lists the objects of copyright, computer programs among them, and Article 32 lists nine cases where a work may be used without the holder's permission (personal or family use, library or archive preservation, school education, state management, press introduction, quotation, free performance, copying in public places, Braille or sound recording for the blind). Neither article imposes a duty to create, keep, produce or review a log or record, and neither carries a territorial hook. Article 45 gives the leading institutions supervision and control of copyright protection in general terms and is outside the articles this row cites.
- Kind
- None
- As of
What this law does
Article 9(8) of the Copyright Law lists computer programs among the objects of copyright, so copying or adapting a program without permission falls under the Law's general infringement rules. Article 32 permits use of a copyrighted work without the copyright holder's permission only in nine listed cases, including reproduction or translation for individual or family use.
The other eight cover reproduction for preservation, display, reading, or lending in a library, archive, museum, or memorial hall, copying, broadcasting, or adapting for school education, copying, broadcasting, or use for compilation needed for state management, broadcasting or carrying in a newspaper or periodical for the purpose of introduction, quotation, free performance, copying of a work in a public place, and sound-recording or reproduction in Braille for blind people.
None of the nine is framed as a machine-readable reservation or opt-out, so the Law carries no text-and-data-mining exception of that kind. The Law's text carries no commencement clause, and no day on which it came into force has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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