PhilippinesIntellectual Property Code, Fair Use of a Copyrighted Work
Republic Act No. 8293 (1997), Section 185
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Weigh the purpose and character of a use of a copyrighted work, the nature of the work, the amount used, and the effect on the work's market before relying on fair use to reproduce it for training data or aggregation.
- Reproducing a computer program's code to achieve interoperability with another independently created program may also qualify as fair use.
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 it makes you log
Logging duty
Section 185 makes fair use for criticism, comment, news reporting, teaching, scholarship, research and similar purposes non-infringing and lists four factors for deciding it. It sets no duty to create, keep or produce a log or record, and it names no text-and-data-mining exception. The section carries no territorial clause.
- Kind
- None
- As of
What this law does
Section 185 makes the fair use of a copyrighted work for criticism, comment, news reporting, teaching, scholarship, research, and similar purposes a defense to infringement, weighed on the purpose and character of the use, the nature of the work, the amount used, and the effect on the work's potential market.
The same section treats decompilation, reproducing and translating a computer program's code to achieve interoperability with another independently created program, as a use that may also constitute fair use. Section 216.1 makes any person infringing a right protected under the Code liable to an injunction and to damages.
When LexLint raises it
When your app profile says your app crawls the web, trains models or reuses other publishers' content.
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