LatviaAutortiesību likums Article 53.1, Press Publisher Online Rights (DSM Article 15 Transposition)
Autortiesību likums 53.1 pants, pievienots ar 2023. gada 23. marta likumu 'Grozījumi Autortiesību likumā' (Latvijas Vēstnesis, 67, 04.04.2023.), stājas spēkā 05.04.2023.
In force since .
A press publishers' right rule binding private bodies.
What it requires
- If you are an information-society service provider, obtain the press publisher's permission before reproducing or making available online its press publication (a journalistic compilation published under one title in a periodical or regularly updated edition).
- You need not obtain it for private or non-commercial use, hyperlinks, or single words or very short extracts.
- The publisher cannot invoke the right to prohibit use of works it included under a simple licence, or works whose copyright or related-rights term has expired.
- The right runs for two years after the press publication is made public.
These lines are LexLint's reading of the law's text. Also read by: Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber) (recorded ).
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
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CJ0797
- Case citation
- Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber)
- Open questions
- Does a headline with a snippet of a given length fall within 'ļoti īsu fragmentu' in 53.1 panta ceturtās daļas 3. punktā, when the law sets no length?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as 'reproducēt preses izdevumu' or making it available by an information-society service provider in 53.1 panta pirmajā daļā, the questions referred to the Court of Justice in Case C-250/25?
What this law does
A press publisher holds an exclusive right to reproduce and make available online its press publications, defined as a journalistic compilation published under one title in a periodical or regularly updated edition, exercised against an information-society service provider. The right does not reach private or non-commercial use, hyperlinks, or the use of single words or very short extracts.
It cannot be invoked to prohibit use of works the publisher included under a simple licence, or whose copyright or related-rights term has expired, and runs for two years after the press publication is made public. An author whose work is included in a press publication has a right to a proportionate share of the revenue the publisher earns from this online use.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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