North MacedoniaLaw on Copyright and Related Rights, General Exceptions and Quotation
Law on Copyright and Related Rights, OG No. 115/2010, art. 51-52
In force.
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Obtain the rights holder's permission before reproducing a work beyond the enumerated exceptions; a computer program is excluded from this part of the law entirely.
- A quotation used in scientific research, teaching, criticism, polemic or review may be used without permission, to the extent that purpose requires, with the author's name and source credited under art. 52(1)(7).
- No text-and-data-mining-specific exception or machine-readable opt-out exists; a use exceeding the enumerated purposes needs the rights holder's permission.
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
What it makes you log
Logging duty
Article 51 allows use of a disclosed work in special cases that do not conflict with normal exploitation and article 52 lists uses without remuneration, among them temporary reproduction and lawful use of a database by its lawful user (art. 52(2)). Some items require the name of the author and the source to be indicated, and the broadcaster fixation and demonstration recordings must be destroyed or erased, which limit copies and give attribution and are not a log. The articles contain no text-and-data-mining exception and no opt-out mechanism, require no log or record, and carry no territorial clause, so the hook is left empty.
- Kind
- None
- As of
What this law does
Article 51 allows a published work to be used without the author's permission, with or without remuneration, only in special cases that do not conflict with the work's normal exploitation and do not unreasonably prejudice the author's legitimate interests, and excludes a computer program from this part entirely.
Article 52(1) lists the permitted uses, including, at point 7, use of parts of a work (quotations) in scientific research, teaching, criticism, polemic or review, to the extent the specific purpose requires, with the author's name and source credited.
No provision read in this text creates an exception specific to text-and-data-mining or a machine-readable reservation mechanism of the kind the European Union's Digital Single Market Directive introduced, so training a model on text obtained from this jurisdiction rests only on whichever of the enumerated point-7 purposes, if any, the use can be characterized as. The Law was published in Official Gazette of the Republic of Macedonia No. 115 of .
Its Article 201 provides that it enters into force on the eighth day from the day of its publication, and no notice stating the resulting day has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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