VenezuelaLey sobre el Derecho de Autor, quotation, press-review, and news-of-the-day exceptions (Arts. 46-49)
Ley sobre el Derecho de Autor, 14/08/1993, arts. 46-49
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may quote determinate parts of an already disclosed work within an original work in which the author has used language as a medium of expression, if you clearly indicate the author's name and the source.
- You may broadcast in full, by press or radio, speeches given at public assemblies, meetings, ceremonies or public debates before national, state or municipal authorities, on the same attribution condition.
- You may disseminate by press or broadcast current articles on economic, social, artistic, political or religious matters published in periodicals or magazines, including in the form of a press review, unless their reproduction was expressly reserved.
- You may reproduce the news of the day or miscellaneous facts having the character of mere press information, published by the press or by broadcasting, so long as they are not works of ingenuity by their form; the principles governing unfair competition still apply.
- When reporting on current events by broadcasting or cinematography, you may broadcast or record brief fragments of works that become perceptible during the events the report concerns.
These lines are LexLint's reading of the law's text.
What this law does
Article 46(2) permits quoting determinate parts of a work already disclosed, within an original work in which the author has used language as a medium of expression, provided the author's name and the source are clearly indicated. Article 47(1) permits, on the same attribution condition, the full broadcast by press or radio of speeches given at public assemblies, meetings, ceremonies, or public debates before national, state, or municipal authorities.
Article 47(2) separately permits the dissemination by press or broadcast of current articles on economic, social, artistic, political, or religious matters published in periodicals or magazines, unless their reproduction was expressly reserved, including in the form of a press review.
Article 48 separately declares lawful the reproduction of the news of the day or of miscellaneous facts having the character of mere press information, published by the press or by broadcasting, so long as they do not constitute works of ingenuity by their form, without prejudice to the principles governing unfair competition.
Article 49 permits, for reporting on current events by broadcasting or cinematography, broadcasting or recording brief fragments of works that become perceptible during the events the report concerns. Only article 49 carries a length limit, confining what may be broadcast or recorded to brief fragments of works (breves fragmentos de obras) that become perceptible during the events a current-events report concerns.
The exceptions in articles 46(2), 47 and 48 state no headline-length or short-extract cap, and none of them is confined to a defined press industry. Whether any reaches a systematic aggregator's reproduction of headlines and snippets, as against a traditional press review or a broadcaster's current-events report, has not been tested in a located Venezuelan decision.
Venezuela 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 and unfair-competition law, and no located case law on hyperlinking or framed display. The Law was published in the Gaceta Oficial de la República de Venezuela, Extraordinario issue 4.638, dated .
Under article 1 of the Código Civil, a law is binding from its publication in the Gaceta Oficial or from a later date that it names itself.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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