Law / United States / 
Puerto Rico
Ley de Derechos Morales de Autor de Puerto Rico, news and criticism exception
Ley Núm. 55 de 9 de marzo de 2012
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Attribution
What it requires
- Respect an author's moral rights of attribution (paternity) and integrity in a literary or artistic work: both are non-transferable, and the integrity right can be waived only by signed writing.
- You may make a legitimate use of a work for criticism, parody, commentary, news, education or investigation without a moral-rights claim succeeding; it is judged under the totality of the circumstances, including the purpose of the use, the nature of the work, and the size and substance of the portion used relative to the whole.
- Expect injunctive relief and actual damages, and for a registered work whose violation targets a commercial or economic benefit, elective statutory damages of $750 to $20,000 per violation per registered work, plus costs and fees if the author prevails.
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.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- MIT mitigations Draft
- 3.2Data Governance
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-DET-013Providing Citations and Source Traceability for AI-Generated Information
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 exposureNo
Private right of actionYes
Statutory damages
For a registered work whose violation is aimed mainly at commercial or economic benefit, the author or successor may elect statutory damages in place of actual damages, from $750 up to $20,000 per violation per registered work at the court's discretion, counted by registered work and not by number of copies; costs, fees and expenses go to the author if the case is resolved in the author's favor (Article 11).
- As of
- Currency
- USD
- Per person minimum
- 750
Who enforces it
Enforcement body
The author or the author's successors, suing in court (Articles 11 and 12); the Registro de la Propiedad Intelectual keeps the registry and enforces nothing.
Settledness
- As of
- Open questions
- Does an aggregator's display of excerpts of articles count as a use "para propósitos de ... noticiosos" (for news purposes) under Article 10, and how does the commercial character of the display weigh in the "totalidad de las circunstancias" (totality of the circumstances) test?
- What makes a violation "dirigida principalmente a generar un beneficio mercantil o económico" (aimed mainly at generating a commercial or economic benefit) for the statutory damages of Article 11?
What this law does
Ley 55-2012 recognizes an author's moral rights of attribution (paternity) and integrity in a literary or artistic work, non-transferable and, for the integrity right, waivable only by signed writing.
Article 10 exempts a legitimate use made for purposes of criticism, parody, commentary, news, education, or investigation from a moral-rights claim, to be judged under the totality of the circumstances including the purpose of the use, the nature of the work, and the size and substance of the portion used relative to the work as a whole.
Article 11 arms the author or successor with injunctive relief, actual damages, and, for a registered work whose violation targets a commercial or economic benefit, elective statutory damages of $750 to $20,000 per violation per registered work, at the court's discretion, plus costs and fees if the author prevails. The statute repealed the 1988 moral-rights act it replaced and took effect on approval.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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