MonacoLoi n. 491 du 24 novembre 1948, Quotation and Press-Review Exceptions
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may reproduce in the press a topical article on economic, political or religious discussion unless reproduction of it is expressly reserved, always clearly indicating the source (Article 15).
- You may use short quotations from newspaper articles and periodical collections, even in the form of a press review (Article 15).
- You may publish borrowings from a literary or artistic work, naming the source and the author, where the publication has a scientific or educational character or is an anthology (chrestomathie) (Article 16).
- Do not reproduce a literary or artistic work outside those closed exceptions without the author's authorization: the general reproduction right of Article 3 applies, and the law has no text-and-data-mining exception or machine-readable opt-out mechanism.
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
Article 23 punishes counterfeiting (contrefacon) with the fine under Code penal article 26 chiffre 3 (9,000 to 18,000 euros); Article 24 applies the same fine to distributing, exhibiting, importing or exporting a counterfeit work. Article 28 makes prosecution conditional on a complaint by the author or his successors in title.
Penalty structure
Article 23's fine for counterfeiting is the amount fixed by Code penal article 26 chiffre 3, 9,000 to 18,000 euros; Article 24 applies the identical fine to distributing, exhibiting, importing or exporting a counterfeit work.
- Rule
- Fixed only
- As of
- Minimum
- 9,000
- Currency
- EUR
- Fixed cap
- 18,000
What this law does
Article 15 permits a topical article on economic, political or religious discussion to be reproduced by the press unless reproduction of it is expressly reserved, with the source always to be clearly indicated; short quotations from newspaper articles and periodical collections are permitted even in the form of a press review.
Article 16 permits publishing borrowings from a literary or artistic work, with the source and author named, where the publication has a scientific or educational character or constitutes an anthology (chrestomathie).
Article 21 defines counterfeiting (contrefacon) as any publication, reproduction or other divulgation, whole or partial, of a literary or artistic work made in bad faith and in disregard of the author's patrimonial or moral rights, expressly including an adaptation or arrangement that keeps a work's characteristic features without itself presenting the character of a new original work.
Article 23 punishes counterfeiting with the fine under Code penal article 26 chiffre 3, and Article 24 applies the same penalty to distributing, exhibiting, importing or exporting a counterfeit work. Article 28 makes prosecution for an offence under this law conditional on a complaint by the author or his successors in title.
The law carries no text-and-data-mining exception or machine-readable opt-out mechanism, and a reproduction of a literary or artistic work outside the closed exceptions of Articles 15 and 16 requires the author's authorization under the general reproduction right of Article 3.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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