ParaguayLey N° 1328/1998, arts. 8 y 41, excepción de prensa y actualidad y exclusión de las noticias del día
Ley N° 1328/1998, de Derecho de Autor y Derechos Conexos, arts. 8 y 41
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 the news of the day or mere facts or data: article 8 excludes them from copyright protection, whichever outlet reports them first.
- You may reproduce and distribute through the press, or transmit by any medium, published or broadcast current-affairs articles on economic, social, artistic, political or religious questions, without the author's authorization or payment, if you clearly credit the author and the source and the rightsholder has not expressly reserved the use (art. 41).
- Apply the article 41 exception restrictively and never contrary to fair practice (art. 45); it has no headline-length or short-extract cap and is not confined to the press.
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 8 excludes the news of the day and mere facts or data from copyright protection outright, alongside ideas and official legislative, administrative or judicial texts: a bare fact, or the news of the day as such, is never a protected work under Paraguayan law, whichever outlet reports it first.
Article 41 separately permits, without the author's authorization or payment, and provided the author's name and source are clearly credited, 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.
The exception is not capped at a headline-length or short-extract threshold and is not confined to the press industry, but article 45 requires it to be interpreted restrictively and never applied contrary to fair practice.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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