Copyright Act 2019, news and current-events exceptions to copyright
Copyright Act 2019 (Act No. 17 of 2019), ss. 19(c), 29, 35
In force since .
A snippet reproduction rule binding public and private bodies.
- Obligation class
- Attribution
What it requires
- You need not obtain permission to use news of the day or miscellaneous facts having the character of mere items of press information: they are excluded from copyright protection (s. 19(c)).
- You may copy or communicate to the public a newspaper article, periodical, lecture, speech or similar work, or excerpts of a work seen or heard while reporting a current event, to report current events, if you take no more than reporting justifies and acknowledge the source and the author's name (s. 35).
- Do not use the reporting exception to copy a newspaper article, periodical or similar work where the copyright owner has expressly prohibited that use (s. 35).
- You may quote from a lawfully published work, compatibly with fair practice and without exceeding the extent its purpose justifies in a way that unreasonably prejudices the owner's legitimate interest, only for caricature, parody or imitation, with a reference to the source and the author's name (s. 29).
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
What this law does
Section 19(c) excludes news of the day or miscellaneous facts having the character of mere items of press information from copyright protection under Part 3.
Section 35 permits a person to copy or communicate to the public a newspaper article, periodical, communication to the public, lecture, speech, or other work of a similar nature, or excerpts of a work seen or heard while reporting a current event, for the purpose of reporting current events to the public, without the copyright owner's authorisation.
The amount copied or communicated must be no more than justifiable for the purposes of reporting, and the source and author's name must be acknowledged. This exception does not apply to copying a newspaper article, periodical, or similar work where the copyright owner has expressly prohibited that use.
Section 29 separately permits quoting from a lawfully published work without authorisation where the quotation is compatible with fair practice, does not exceed the extent justified by its purpose in a way that unreasonably prejudices the copyright owner's legitimate interest, and is used for the purpose of caricature, parody, or imitation, accompanied by a reference to the source and the author's name.
The Act creates no press-publisher neighbouring right, no compelled platform-to-publisher bargaining regime, and no text-and-data-mining exception, and defines a protected compilation as an original work by reason of the selection and arrangement of its contents rather than as a separate sui generis database right.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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