MoldovaCopyright and Neighbouring Rights Law, Reproduction Exceptions and No Text-and-Data-Mining Opt-Out
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Obligation class
- TDM
- Audit expectation
- none
What it requires
- This Law has no text-and-data-mining exception or opt-out mechanism, so reproducing copyrighted Moldovan text at scale to train a model rests only on a general exception, if any applies, such as the temporary-reproduction exception for a transient, incidental technical step with no independent economic significance.
- A reproduction of a published article's text for informatory or quotation purposes, within the bounds of articles 57(1)(c) and (d), does not require the rightholder's consent, but a broader automated reproduction and retention of full articles for model training is not itself addressed by either exception.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 55 to 57 exempt temporary reproduction, allow listed reproductions with or without remuneration and list free uses (education and research, quotation, news reporting and others), subject to naming the source and author in some cases (art. 57(2)). They contain no text-and-data-mining exception and no opt-out mechanism. Naming a source is attribution and not a log. They require no log or record and state no territorial clause, so the hook is left empty.
- Kind
- None
- As of
What this law does
The Law's stored full English text carries no text-and-data-mining exception or machine-readable opt-out mechanism of the kind the European Union's Digital Single Market Directive introduced, and no defined term or provision for 'text and data mining' or 'text mining' was found anywhere in it, even though the World Intellectual Property Organization's own record for the Law lists Directive (EU) 2019/790 among the instruments it implements.
The exceptions actually reaching an automated reproduction of text are general ones: article 55 exempts a temporary act of reproduction that is transient or incidental, an integral and essential part of a technological process, and made solely to enable a network transmission or a lawful use with no independent economic significance; article 57(1)(c) permits, without consent or remuneration, reproduction by mass media or communication to the public of published articles on current economic, political, or religious topics where such use is not expressly reserved, to the extent justified by an informatory purpose; and article 57(1)(d) permits quoting a work already lawfully made public for criticism or review, consistent with fair practice and to the extent the specific purpose justifies.
None of the three requires a text-and-data-mining-specific lawful basis, and none is limited to or shaped around automated collection.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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