Ley N° 9.739 art. 45, numeral 3, news and press-reproduction exception
Ley N° 9.739, de 17 de diciembre de 1937, art. 45, numeral 3
In force.
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may reproduce news, reports, journalistic information or recordings of general interest without the consent article 44 otherwise requires, if you preserve the exact version and state the source.
- Do not assume the exception covers an aggregator that extracts a headline or short snippet in wording different from the source's own: it has no headline or short-extract cap and is not confined to the press, but the exact-version condition suits reproducing a news item whole, as a press clipping does.
- You need not license a bare fact or the news of the day: copyright covers expressions only and excludes ideas, procedures, operating methods and mathematical concepts 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.
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
Article 45 lists cases that are not illicit reproduction. Numeral 3 excepts news, reports, journalistic information, or recordings of general interest from the consent that article 44 otherwise requires, on the sole conditions that the exact version is preserved and the source is stated.
The exception is not capped at a headline or short-extract length and is not confined to the press industry, but the requirement to keep the exact version suits reproducing a news item whole, the way a press clipping does, rather than obviously covering an aggregator's extraction of a headline or a short snippet distinct from the source's own wording. No reported Uruguayan decision has applied numeral 3 to a systematic news aggregator as opposed to a traditional press review or broadcaster.
Separately, article 5 confines copyright to expressions and excludes ideas, procedures, operating methods, and mathematical concepts as such, so a bare fact or the news of the day is never itself a protected work under Uruguayan law. Uruguay has no separate press-publisher neighbouring right, no compelled platform-to-publisher bargaining regime, no recognized hot-news or misappropriation doctrine distinct from ordinary copyright law, and no located case law on hyperlinking or framed display.
Ley N° 9.739 states no day of its own entry into force; absent a stated day, article 1 of the Civil Code brings an undated law into force ten days after its promulgation is verified in the capital, a computed day rather than one a source states.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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