LatviaAutortiesību likums Article 21.1, Text and Data Mining Exception (News Indexing and Aggregation)
Autortiesību likums (aggregation) 21.1 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 text and data mining (TDM) opt-out rule binding public and private bodies.
What it requires
- You may reproduce a lawfully accessible work, including a press publication or its fragments, to carry out text and data mining (Article 21.1).
- Keep copies made for text and data mining only as long as the mining needs them.no control in the NIST AI RMF
- Honour a prohibition given by a rights holder, including a press publisher, by clear notice in an appropriate manner; for publicly accessible works online the prohibition must be machine-readable, including through metadata, so check for it before automated indexing.NIST AI RMFMAP 4.1
- A research organization or cultural heritage institution mining lawfully accessible works for scientific research may do so without that opt-out, and Article 21.2 cannot be waived.
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, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a robots.txt directive or a clause in a site's terms of use count as notice 'mašīnlasāmā formā, tostarp izmantojot metadatus' under 21.1 panta trešā daļa of the Autortiesību likums, for works publicly available online?
- Does the training of an LLM-based chatbot count as reproduction 'lai veiktu tekstizraci un datizraci' in 21.1 panta pirmajā daļā, the question referred to the Court of Justice in Case C-250/25?
What this law does
Article 21.1 permits reproducing a lawfully accessible work, including a press publication or its fragments, to carry out text and data mining. Copies made for that purpose may be kept only as long as needed for the mining. A rights holder, including a press publisher, can prohibit this use by giving clear notice in an appropriate manner.
A prohibition on the online use of publicly accessible works must be given in machine-readable form, including through metadata, which is the opt-out an aggregator's automated indexing must honor. A separate exception at Article 21.2 covers a research organization or a cultural heritage institution mining lawfully accessible works for scientific research, without that opt-out.
When LexLint raises it
When your app profile says your app reuses other publishers' content, crawls the web or trains models.
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