ParaguayLey N° 1328/1998, arts. 8, 40 y 41, límites y excepciones al derecho de autor
Ley N° 1328/1998, de Derecho de Autor y Derechos Conexos, arts. 8, 40 y 41
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- No
- Obligation class
- TDM
- Audit expectation
- none
What it requires
- Paraguay has no text-and-data-mining exception; a general fair-practice quotation exception, and a narrower current-affairs press exception, are the only exceptions available and both can be defeated by the rightsholder's express reservation.
- Do not treat the news of the day, mere facts or data, or official legislative, administrative or judicial texts as protected by copyright; they fall outside the law's scope entirely.
- When quoting or reproducing a lawfully disclosed work under either exception, name the author and the source and stay within what fair practice and the exception's own purpose justify.
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
- GAI-RISK-12Value Chain and Component Integration
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- ETSI EN 304 223
- 5.2.4-2.1Minimum record for training data: its source, such as a page URL, and when it was collected.
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
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
What it makes you log
Logging duty
Articles 40 and 41 permit quotation and certain press and broadcast uses without authorization or payment, on conditions of naming the author and source and, for article 41, that the work has not been expressly reserved. Article 8 lists what copyright does not protect. These are conditions of a permitted use and a list of exclusions; none requires the user to create, keep or produce a log or record, and the cited articles name no territorial reach.
- Kind
- None
- As of
What this law does
Article 8 excludes several categories from copyright protection outright: ideas, official legislative, administrative or judicial texts, the news of the day, and mere facts or data. Article 40 permits quoting a lawfully disclosed work without the author's authorization or payment, on condition that the author's name and the source are indicated and the quotation conforms to fair practice and is justified by its purpose.
Article 41 separately permits, without authorization or payment and subject to naming the author and the source, the reproduction and distribution by the press, or transmission by any medium, of current-affairs articles on economic, social, artistic, political or religious questions published in the media or broadcast, but only where the reproduction or disclosure has not been made the subject of an express reservation by the rightsholder, and article 45 requires every exception in this chapter to be interpreted restrictively and never applied contrary to fair practice.
No text-and-data-mining exception, machine-readable or otherwise, has been enacted in Paraguay, so scraping a copyrighted text for model training rests only on articles 40 and 41's general exceptions, both narrower than a text and data mining (TDM) carve-out and both defeated by an express reservation.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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