Ley No. 312, quotation and press-reproduction limitations
Ley No. 312 (1999, as amended), arts. 32, 40-42
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Publisher's page: http://legislacion.asamblea.gob.ni/normaweb.nsf/9e314815a08d4a6206257265005d21f9/87b347bc9bf5803c0625875e0076c6d9In force since .
A snippet reproduction rule.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Attribution
What it requires
- You may reproduce a fragment of an already-divulged work without the author's authorization for citation, analysis, comment or criticism, to the extent that purpose justifies and in accordance with fair practice, naming the source and the author (art. 32).
- As a mass-media outlet, you may reproduce, distribute and publicly communicate portions of articles on current economic, political or religious affairs disseminated by the mass media, if you are another outlet of the same kind and the right has not been expressly reserved, always clearly indicating the source and the author's name (art. 40).
- As mass media, you may reproduce speeches, addresses and similar works delivered in public, solely to report on current events and citing the author; the author keeps the right to publish a collection of them (art. 41).
- You may reproduce a work seen or heard in connection with reporting on a current event, to the extent the informational purpose justifies; reproduce it in full only in exceptional cases (art. 42).
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.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- MIT mitigations Draft
- 3.2Data Governance
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-DET-013Providing Citations and Source Traceability for AI-Generated Information
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
Who enforces it
Enforcement body
Right holders, through the courts: they may ask for the unlawful activity to stop and for compensation for moral and material damage (art. 97).
Settledness
- As of
- Open questions
- Does an online news aggregator count as 'cualesquiera otro de la misma clase' (any other outlet of the same kind) as the 'medios de comunicación social' (mass media) in Article 40, and what makes a reservation 'reservado expresamente' (expressly reserved) when an author states it only in a website's terms?
What this law does
Article 32 permits reproducing a fragment of an already-divulged work without the author's authorization when done for citation, analysis, comment, or criticism, to the extent justified by that purpose, in accordance with fair practice, naming the source and the author.
Article 40 goes further for news: portions of articles on current economic, political, or religious affairs disseminated by the mass media may be reproduced, distributed, and publicly communicated by any other outlet of the same kind without the author's authorization, unless that right has been expressly reserved, again with the source and the author's name always clearly indicated.
Article 41 permits the mass media to reproduce speeches, addresses, and similar works delivered in public without the speaker's authorization, when done solely to report on current events and citing the author, while reserving to the author the right to publish a collection of such works. Article 42 permits reproducing a work seen or heard in connection with reporting on a current event, to the extent the informational purpose justifies, with total reproduction reserved to exceptional cases.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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