Timor-LesteCopyright and Related Rights Code, Reproduction Right and Counterfeiting
In force.
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not reproduce, communicate to the public, or otherwise use a protected work, including a compilation or database that is itself an intellectual creation, without the author's authorisation, unless a free-use exception in article 129 applies.
- There is no text-and-data-mining or AI-training exception to rely on when training a model on scraped copyrighted text.
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 actionYes
Criminal exposure note
Unauthorised use of a work in a way the Code provides for is a crime of counterfeiting, punishable with imprisonment of up to three years or a fine of 150 to 250 days, both doubled on recidivism, where the conduct is not a more seriously punished crime (art. 147(4)).
Who enforces it
Enforcement body
Prosecution of the crimes depends on a complaint by the injured party (article 151(1)); the injured party also claims damages in court (article 166); the State body that oversees copyright processes the administrative offences (article 156(2)).
Settledness
- As of
- Open questions
- Does "quem coligir ou compilar obras publicadas ou inéditas sem autorização do autor" (whoever collects or compiles published or unpublished works without the author's authorization) in article 147(2)(b) reach the automated collection of published web texts into a training corpus?
- Does "utilizar uma obra ... por qualquer das formas previstas neste Código" (to use a work in any of the ways the Code provides) in article 147(1) reach copying a work into a model's training data?
What it makes you log
Logging duty
Article 10(1)(l) protects compilations and databases that by the selection or arrangement of their contents are intellectual creations, and article 147 punishes counterfeiting, including compiling published or unpublished works without the author's authorization (147(2)(b)), with up to three years in prison or a fine of 150 to 250 days (English as in the pinpoint above). Neither article imposes a duty to create, keep, produce or review a log or record. Neither states a territorial reach, so no hook is recorded.
- Kind
- None
- As of
What this law does
Article 4(2) of the Copyright and Related Rights Code (Law No. 14/2022) gives an author the exclusive right to dispose of a work, to enjoy and use it, or to authorise a third party to enjoy or use it, in whole or in part. Article 10(1)(l) extends copyright to a compilation or database whose selection or arrangement of its contents is itself an intellectual creation, with no sui generis right independent of that originality test.
Article 129(2) lists the uses of a work that are lawful without the author's consent, beginning with reproduction in any medium by an individual for private use without direct or indirect commercial purposes. Article 147(1) makes it a crime of counterfeiting to use a work in any of the ways the Code provides for without the authorisation of the author.
Under Article 147(4) the crime is punishable with imprisonment of up to three years or a fine of 150 to 250 days, doubled on recidivism, where the conduct does not amount to a more seriously punished crime. The National Parliament approved the Code on and the President promulgated it on .
The Jornal da República published the Code on and Article 176 provides that it enters into force 180 days after the date of its publication, but no source stating the resulting calendar day has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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