Law on Copyright and Neighboring Rights, news exclusion and press-reproduction exception
Royal Decree No. 65/2008, Arts. 4, 20(4)
In force since .
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 ideas, procedures, working methods, data, official documents, or news of the day and current events that are mere journalistic information: article 4 excludes them from copyright protection.
- Treat a compilation or arrangement of that excluded material, and any creation or intellectual effort behind it, as protected where it is itself distinguished (art. 4).
- If you are the press, you may reproduce, broadcast or make available to the public portions of articles published in newspapers or periodicals on current economic, political or religious topics, and broadcast works of the same character, unless the right owner expressly reserved that right at the time of publication (art. 20(4)).
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 4 excludes ideas, procedures, working methods, mathematical concepts, principles, discoveries, and data from copyright protection, and separately excludes official documents and news of the day and current events that are mere journalistic information; a compilation or arrangement of that excluded material, or any creation or intellectual effort behind it, is nonetheless protected where it is itself distinguished.
Article 20(4) permits the press to reproduce, broadcast, or make available to the public portions of articles published in newspapers or periodicals on current economic, political, or religious topics, and broadcast works of the same character, provided the right owner did not expressly reserve that right at the time of publication.
The Law creates no press-publisher neighbouring right, no compelled platform-to-publisher bargaining regime, and no hot-news or misappropriation doctrine distinct from ordinary copyright law, and it predates the concept of a machine-readable text-and-data-mining reservation, so no opt-out mechanism of that kind exists either.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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