Criminal Code, infringement of copyright and related rights
Criminal Code (1998, as amended to 2020), Art. 156
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2023. Publisher's page: https://legislationline.org/sites/default/files/documents/f3/Tajikistan_CC_1998_am2020_en.pdfIn force.
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An app must not use, copy, store, transport or transfer a copyrighted work or phonogram without the copyright holder's authorization where doing so causes major damage; no scientific-research, quotation or text-and-data-mining exception has been identified for this offense.
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
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Illegal use of copyright or related-rights objects, or dealing in illegal copies of works or phonograms for sale, causing major damage is punished with a fine of two hundred and fifty to three hundred and sixty-five calculation indices or imprisonment of up to two years, rising to a fine of three hundred and sixty-five to nine hundred and twelve calculation indices or imprisonment of two to five years where committed by a group of persons, causing especially large damage, or by a person using an official position.
What it makes you log
Logging duty
Article 156 punishes plagiarism and coerced co-authorship that cause major damage (part 1), illegal use of copyright or related-rights objects and dealing in illegal copies for sale that cause major damage (part 2), and the aggravated forms (part 3). The word storage in part 2 describes holding illegal copies for sale and is not a record duty. The article imposes no duty to create, keep, produce or review a log or record. The Code's general territorial articles are not invoked by the article, so no hook is recorded.
- Kind
- None
- As of
What this law does
Art. 156 criminalizes appropriation of authorship (plagiarism) and coercion to co-authorship where the act causes the author or another copyright holder major damage, and separately criminalizes illegal use of copyright or related-rights objects, or the acquisition, storage, transportation or transfer of illegal copies of works or phonograms for sale, where either act causes major damage.
The article states no fair-use, quotation, scientific-research or text-and-data-mining exception for reproducing a protected work, and no separate provision addressing such an exception has been identified among the sources reached. No commencement day for Article 156 as worded by Law No. 844 of has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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