EswatiniCopyright and Neighbouring Rights Act, 2018, News Reporting and Quotation Exceptions
Copyright and Neighbouring Rights Act, 2018 (Act No. 4 of 2018), ss. 21-23
In force.
A snippet reproduction rule binding public and private bodies.
What it requires
- You may reproduce a lecture, address, speech or similar public work in the press or a broadcast for the purpose of information without infringing copyright.
- You may reproduce, in the press or in a broadcast or cable programme, an article published in a newspaper or periodical (or a broadcast) on a current economic, political or religious topic, if the right of reproduction has not been expressly reserved and you give sufficient acknowledgement.
- Do not rely on either press exception where the use conflicts with a normal exploitation of the work or unreasonably prejudices the copyright owner's legitimate interests.
- You may deal fairly with a work for criticism or review, or to report current events, with sufficient acknowledgement; this does not cover reporting current events by means of an audio-visual work, sound recording, broadcast or programme-carrying signal, and using a photograph to report current events is never fair dealing.
- You may quote from a literary or musical work, including from a journal article that summarizes the work, if the quotation is compatible with fair practice, does not exceed the extent justified by the purpose, and is sufficiently acknowledged.
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
Section 22(1)-(2) provides that the copyright in a lecture, address, speech, or other similar public work is not infringed by its reproduction in the press or a broadcast for the purpose of information, and, separately, that copyright in an article published in a newspaper or periodical, or a broadcast, on a current economic, political, or religious topic is not infringed by reproduction in the press or in a broadcast or cable programme, provided the right of reproduction has not been expressly reserved and sufficient acknowledgement is given; neither exception applies where it conflicts with a normal exploitation of the work or unreasonably prejudices the copyright owner's legitimate interests (s. 22(3)).
Section 21 excuses fair dealing for the purposes of criticism or review of a work, or of reporting current events, subject to sufficient acknowledgement, except where the work is used to report current events by means of an audio-visual work, a sound recording, a broadcast, or a programme-carrying signal, and except that using a photograph to report current events is never fair dealing.
Section 23 excuses a quotation from a literary or musical work, including a quotation from an article in a journal that summarizes the work, where the quotation is compatible with fair practice, does not exceed the extent justified by the purpose, and is sufficiently acknowledged. The Act's neighbouring-rights provisions protect only performers, producers of sound recordings, and broadcasting organisations (ss.
53-60), not a print or online news publisher as such, so no publisher-side neighbouring right exists, and the Act contains no text-and-data-mining exception, no reference to hyperlinking or framing, and no compelled-bargaining mechanism. Section 1(2) provides that the Act comes into operation on a date the Minister appoints by notice in the Gazette, and no such commencement notice has been located.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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