UruguayLey N° 9.739 arts. 44-45, illicit-reproduction rule and free-use exceptions for quotation and news
Ley N° 9.739, de 17 de diciembre de 1937, arts. 44 y 45
In force.
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- No
- Obligation class
- Licensing, Attribution
- Audit expectation
- none
What it requires
- Do not reproduce, distribute, communicate, or make a copyrighted work available to the public without the author's consent, unless a free-use exception applies.
- Reproducing news, reports, or journalistic information of general interest without consent is not illicit only where the exact version is kept and the source is credited.
- Transcribing a work for comment, criticism, or controversy without consent is not illicit, but this exception does not extend to text-and-data-mining or model training as such.
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
What it makes you log
Logging duty
Article 44 lists special cases of illicit reproduction of literary, dramatic, musical, cinematographic and artistic works, and article 45 lists the uses that are not illicit reproduction. Article 45(3) allows news and journalistic information of general interest where its exact version is kept and its origin is stated, and 45(12) requires copies made for people with print disabilities to carry a statement that they were made under the exception; these are conditions on the use and a marking on copies, not a log or record the user must keep or produce. No audit or access to records is stated, and the cited articles state no territorial clause, so no hook is recorded.
- Kind
- None
- As of
What this law does
Article 44 treats reproducing, distributing, communicating, or making a work available to the public without the author's consent as illicit reproduction, so copying a copyrighted text found on the open web without permission or an applicable exception infringes unless article 45 covers it. Article 45 numeral 4 excepts a transcription made for the purpose of comment, criticism, or controversy, a general quotation right rather than a text-and-data-mining exception.
Article 45 numeral 3 excepts news, reports, journalistic information, or recordings of general interest, but only where the exact version is preserved and the source is stated, a condition suited to a verbatim press clipping rather than to extracting short snippets or training a model on the underlying text.
Uruguay has no text-and-data-mining exception and no machine-readable opt-out mechanism of that kind; a service that reproduces or trains on scraped copyrighted text rests only on the numeral 4 quotation ground if its use can be characterised as comment, criticism, or controversy. The sections this entry groups came into force on different days.
When LexLint raises it
When your app profile says your app crawls the web, trains models or reuses other publishers' content.
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