El SalvadorLey de Propiedad Intelectual, ausencia de excepción de minería de textos y datos
Decreto Legislativo No. 66 (2024), arts. 45 y 46
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- No text-and-data-mining exception or opt-out mechanism applies here; reproducing copyrighted content to train a model without authorization risks infringing this law unless it fits the narrower personal-use, teaching or quotation exceptions.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article 46 allows brief fragments of a lawfully disclosed work to be included by way of quotation or for criticism, illustration, teaching and research if the source, title and author are mentioned (English as in the pinpoint above), and article 45 lists the uses allowed without authorization or payment. Naming the source is an attribution, not a record. Neither article contains a text-and-data-mining exception, a record duty or a retention period (the copy limits in article 45(d) and (g) cap the copies, not a log). No territorial clause appears in the two articles, so no hook is recorded.
- Kind
- None
- As of
What this law does
The Intellectual Property Law contains no text-and-data-mining exception and no machine-readable opt-out mechanism of the kind the European Union's 2019 Digital Single Market Directive creates; no occurrence of that concept appears in the Act's text.
The closest analogues are narrower: article 45 permits, without authorization or remuneration, a single personal copy of an already-divulged work made by the user with their own means, and a reprographic copy for teaching or examinations at a non-profit educational institution, in the measure the purpose justifies and in accordance with fair practice; article 46 permits including brief fragments of a lawfully divulged protected work in another work, without remuneration or authorization, for quotation, criticism, illustration, teaching or research, provided the source, title and author are named.
Neither exception is scoped to, or large enough to cover, systematic reproduction of copyrighted text for training a model.
When LexLint raises it
When your app profile says your app trains models or crawls the web.
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