MaliLoi n° 2017-012, exception de citation et de revue de presse et exclusion des nouvelles du jour
Loi n° 2017-012 du 1er juin 2017 fixant le régime de la propriété littéraire et artistique art. 27 (citations et revues de presse) et arts. 9-10 (bases de données et exclusion des nouvelles du jour)
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may use the news of the day and mere facts and data: Article 10 excludes them, and official legislative, administrative and judicial texts and their official translations, from copyright protection.
- You may make analyses and short quotations from a work already lawfully accessible to the public, conforming to fair practice and justified by a scientific, critical, educational or informational purpose, including press reviews of periodical-press articles, with the source and the author's name (Article 27(a)).
- Do not read the press-review borrowing as permitting full or near-full reproduction of a news article: it sits inside the general short-quotations rule.
- Treat a compilation such as a database as a protected work where the selection, coordination or arrangement of its contents is an intellectual creation; the Law creates no separate sui generis database right (Article 9(b)).
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 this law does
Article 10 excludes official legislative, administrative, or judicial texts and their official translations, the news of the day, and mere facts and data from copyright protection outright: a bare fact, or the news of the day as such, is never a protected work under Malian law, whichever outlet reports it first.
Article 27(a) separately authorizes, once a work has already been lawfully made accessible to the public, analyses and short quotations conforming to fair practice and justified by a scientific, critical, educational, or informational purpose, including citations and borrowings of periodical-press articles in the form of press reviews, provided the borrowing is used in its original or translated form and is accompanied by the source and the author's name.
Because the press-review borrowing is introduced by 'y compris' (including) inside the same sentence as the general 'courtes citations' (short quotations) rule, it does not on its own text extend to a full or near-full reproduction of a news article the way a broader press-review carve-out would.
Article 9(b) separately protects a compilation such as a database as a copyright work where the selection, coordination, or arrangement of its contents constitutes an intellectual creation, without creating a distinct sui generis database right.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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