NigerOrdonnance n° 2010-95, exclusion des faits et exception de citation
Ordonnance n° 2010-95 exclusion des faits et des nouvelles du jour et exception de citation, du 23 décembre 2010, portant sur le droit d'auteur, art. 7 et art. 11
In force.
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You need not obtain permission to use the news of the day, simple facts and data, or official legislative, administrative or judicial texts and their official translations: article 7 excludes them from copyright protection.
- You may quote a lawfully published work in another work, without the author's authorisation or payment, if you indicate the source and the author's name and the quotation conforms to fair practice and does not exceed the extent its purpose justifies (art. 11).
- Do not rely on the quotation exception to reproduce a current political, social or economic news article in full: unlike a dedicated press-review clause, it carries no separate allowance for that.
- Do not reproduce the whole or a substantial part of a database under the free-reproduction privilege (art. 10); a database is protected as an ordinary compilation where its selection or arrangement is an original creation (art. 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
What this law does
Article 7 excludes from copyright protection official legislative, administrative or judicial texts and their official translations, the news of the day, ideas, procedures, systems, operating methods, concepts, principles, discoveries or simple data even when stated, described, explained, illustrated or embodied in a work, and simple facts and data.
Article 2.3 defines a database as a compilation of data or facts, which article 5 protects only as a collection (recueil), like an encyclopaedia, to the extent its selection or arrangement is an original creation, and article 10 withholds the free-reproduction privilege from the whole or a substantial part of a database, so a database is protected, if at all, as an ordinary compilation rather than under a separate sui generis right.
Article 11 permits quoting a lawfully published work in another work, without the author's authorisation and without payment, on condition that the source and the author's name are indicated and the quotation conforms to fair practice and does not exceed the extent justified by its purpose; unlike a dedicated press-review clause, this quotation exception carries no separate allowance for reproducing a current political, social or economic news article in full.
Article 107 repeals Ordonnance n° 93-027 du 30 mars 1993, which stated an identical objects-not-protected exclusion and an identical quotation exception in its own articles 6 and 10. Article 107, the closing article, orders publication in the Journal Officiel and execution as an ordinance of the State, but names no day of its own entry into force, and no commencement notice has been located in the Journal Officiel.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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