San MarinoCopyright Law, Quotation and News-Reproduction Free Uses
Legge 25 gennaio 1991 n. 8 (Copyright Protection), artt. 98(c), 100-101
In force.
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may analyse and briefly quote other works, in a previously disseminated work, where justified by the critical, polemic, pedagogic, scientific or informative character of the work that includes them (art. 98(c)).
- You may reproduce news and information generally, if you conform to the codes of conduct for journalists and quote the source; the article states no headline-length or short-extract cap (art. 100).
- Do not reproduce or slavishly imitate a work's configuration where that could cause confusion as to the work or its author (art. 101).
- Do not reproduce a periodical's regular columns so systematically that they identify the periodical's usual and typical content (art. 101).
- Do not reproduce the title of a newspaper, magazine or other periodical in another work of the same kind within three years of the title's prior use (art. 101).
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 98 of Law No. 8 of lists 'free uses' of a previously disseminated work, including at (c) analysis and brief quotation of other works, justified by the critical, polemic, pedagogic, scientific or informative character of the work in which they are included.
Article 100 separately permits the reproduction of news and information generally, provided it is in conformity with the codes of conduct for journalists and that the source is quoted, without a stated headline-length or short-extract cap. Article 101 limits both: it prohibits the reproduction or slavish imitation of a work's configuration where this could cause confusion as to the work or its author, separately prohibits reproducing the regular columns of a periodical publication where doing so is so systematic as to identify the periodical's usual and typical content, and bars reproducing the title of a newspaper, magazine or other periodical in another work of the same kind within three years of the title's prior use.
No reported San Marino decision applies articles 98 or 100 to a systematic news aggregator as opposed to an individual quoting or reporting on a published work. The law's own text (Chapter VI, art. 121) states that it enters into force on the fifth day following its legal publication; the law's own printed header states its promulgation date and that it was published on . No commencement notice stating the resulting day has been located.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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