MongoliaLaw on Copyright, aggregator liability and unauthorized-linking infringement
In force.
A linking and framing rule binding public and private bodies.
What it requires
- Applies to internet service providers, aggregators (a person who collects and delivers content and offers it to the public), website owners, telecommunications service providers, broadcasting organisations and multi-channel transmitters.
- Do not violate copyright or related rights on your own or another's server, network or database, and give right holders the means to enforce their rights there (Art. 52.1).
- Act on an infringement report by suspending and closing the illegal use (Art. 52.2).
- Do not place an unauthorized internet or digital link to a work, or develop a work on a social network, without the right holder's authorization; both are listed as acts of infringement (Art. 56.1.5).
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
Private right of actionNo
Criminal exposure note
Article 57.1 subjects a person who violates the Law on Copyright to the liability stated in the Law on Violations or the Criminal Code. The Law itself states no offence description, fine or term of imprisonment.
Who enforces it
Enforcement body
The state intellectual property inspector, who imposes the liability the Law on Violations states on a person who fails the Article 52.1 and 52.2 duties (Art. 52.3) and may stop the infringing act, or the service in whole or in part, at the right holder's request (Art. 52.4).
Settledness
- As of
- Open questions
- Does a news aggregator or search service that shows only a headline and a link count as an 'агрегатор' (aggregator) under Article 52.1, when Article 56.1.5 lists making an internet link without the right holder's authorization among the acts of infringement?
What it reaches
Instrument type
an act of a legislature
Categories
Snippet reproduction
Obligation class
Prohibition
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- Internet service provider (интернетийн үйлчилгээ түгээгч)
- Aggregator (агрегатор): a person who collects and delivers content and offers it to the public
- Website owner (цахим хуудас эрхлэгч)
- Telecommunications service provider (харилцаа холбооны үйлчилгээ үзүүлэгч)
- Broadcasting organization (өргөн нэвтрүүлгийн байгууллага)
- Multi-channel transmitter (олон сувгийн дамжуулагч)
What this law does
Article 52.1, in Chapter Eight (Protection of copyright and liabilities for copyright violators), requires internet service providers, aggregators, website owners, telecommunications service providers, broadcasting organizations, and multi-channel transmitters not to violate copyright or related rights on their own or another's server, network, or database, and to give right holders the means to enforce their rights there.
The Law itself defines an aggregator as a person who collects and delivers content and offers it to the public. Article 52.2 obligates that same set of actors to act on an infringement report by suspending and closing the illegal use, on pain of liability the state intellectual-property inspector imposes under the Law on Violations.
Separately, Article 56.1.5 lists placing an unauthorized internet or digital link to a work, or developing a work on a social network without the right holder's authorization, among the acts of infringement. Article 57 imposes liability for those infringements under the Criminal Code, the Law on Infringement, or Civil Code damages. The Law's text carries no article that fixes the day it came into force, and no day on which it came into force has been located.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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