SenegalLoi n° 2008-09 du 25 janvier 2008 sur le Droit d'Auteur et les Droits Voisins, quotation and current-events exceptions (arts. 44-45)
Loi n° 2008-09 du 25 janvier 2008 sur le Droit d'Auteur et les Droits Voisins, arts. 44-45
In force.
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may make analyses of, and short quotations from, a work already lawfully disclosed, without the author's consent, if you mention the author's name and the work's title and the quotation is compatible with fair practice (art. 44).
- You may reproduce or communicate, for information purposes and without the author's consent, articles on current political, social or economic topics and speeches made at political, judicial, administrative or religious gatherings or public meetings, if you mention the author's name and the source (art. 45(1)).
- You may reproduce or communicate, for information purposes, a work seen or heard while reporting a current event; article 45 states no short-extract or headline-only limit (art. 45(2)).
- Do not assume a systematic aggregator's reproduction of headlines and snippets falls within either exception: no reported Senegalese decision has tested the point.
- Treat a database as protected only where its selection or arrangement of contents is itself an original creation (art. 8(3)); there is no separate database right.
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 44 lets any person make analyses of and short quotations from a work already lawfully disclosed, without the author's consent, provided the author's name and the work's title are mentioned and the quotation is compatible with fair practice.
Article 45(1) separately lets any person reproduce or communicate, for information purposes and without the author's consent, articles on current political, social or economic topics and speeches made at political, judicial, administrative or religious gatherings or public meetings, provided the author's name and the source are mentioned. Article 45(2) extends the same information-purpose freedom to reproducing or communicating a work seen or heard while reporting a current event.
Neither branch of article 45 states a short-extract or headline-only limit the way article 44 does for quotations, and none of the sources located records a reported Senegalese decision testing whether a systematic aggregator's reproduction of headlines and snippets, as distinct from a traditional press review or a single current-events report, falls within either exception.
Senegal has no separate press-publisher neighbouring right, no compelled platform-to-publisher bargaining regime, no recognized hot-news or misappropriation doctrine distinct from ordinary copyright and unfair-competition law, and no located case law on hyperlinking or framed display.
Article 8(3) protects a database as a copyright work only where its selection or arrangement of contents is itself an original creation, and Senegal has no sui generis database right and no text-and-data-mining exception or machine-readable opt-out mechanism. Loi n° 2008-09 was promulgated on . It was published in Journal officiel n° 6407 of . The law's final articles state no day of its own for its entry into force.
Under article 2 of Loi n° 70-14 du 6 février 1970, a promulgated law that does not postpone its entry into force becomes executory on the third day after the Journal officiel issue carrying it is deposited at the General Secretariat in the Cap-Vert region and the communes of Diourbel, Kaolack, Saint-Louis and Thiès, and on the fifth day in the rest of the territory. Article 17 of Loi n° 2021-21 du 2 mars 2021 abrogates Loi n° 70-14, as modified by Loi n° 71-07 du 21 janvier 1971. No official record of the day on which the law became executory has been located.
When LexLint raises it
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