MexicoLey Federal del Derecho de Autor, Quotation and Current-Events News Reproduction Exceptions (Art. 148, fracciones I y II)
Ley Federal del Derecho de Autor (LFDA), art. 148, fracciones I y II
In force.
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- For every use below, cite the source, do not alter the work, and do not affect its normal exploitation (art. 148).
- You may quote a text without the rightsholder's authorisation or payment, if the amount taken cannot be considered a simulated and substantial reproduction of the work's content (art. 148, fracción I).
- You may reproduce articles, photographs, illustrations and commentary on current events, published by the press or broadcast by radio, television or any other medium, unless the rightsholder has expressly prohibited that use (art. 148, fracción II).
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 148's chapeau permits using an already-divulged literary or artistic work, without the rightsholder's authorisation and without remuneration, provided the normal exploitation of the work is not affected, the source is always cited, and the work is not altered, only in the cases the article then lists. Fracción I permits quoting a text, provided the amount taken cannot be considered a simulated and substantial reproduction of the work's content.
Fracción II permits reproducing articles, photographs, illustrations, and commentary on current events, published by the press or broadcast by radio, television, or any other medium, unless the rightsholder has expressly prohibited that use. Fracción II's own permission is opt-out rather than opt-in: a news publisher who has not expressly prohibited the reuse cannot object to a reproduction that otherwise meets Article 148's conditions.
The Act was published in the Diario Oficial de la Federación on , its first transitory article puts it in force ninety days after that publication, and no official source stating the resulting day has been located.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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