KosovoLaw No. 04/L-065 on the Right of the Author and Related Rights, Limitations on Economic Rights
Law No. 04/L-065, ch. IV (limitations of the right of the author)
A copyright and text and data mining (TDM) rule binding public and private bodies.
What it requires
- This law has been repealed and replaced by Law No. 08/L-205 (2023); the successor's text is not available through the official gazette site, so the exceptions below describe the repealed Act rather than Kosovo's current copyright law.
- Under the repealed Act, reproducing a published work relied on narrow, listed exceptions (private copying limited to three copies, parody, and a database's lawful-user right to reproduce only what normal use of its content required); none of them extended to systematic or automated reproduction of a work, and a full electronic database was expressly excluded from the private-copying allowance.
- Do not treat the absence of a text-and-data-mining exception in the repealed Act as settled for the current law; Kosovo's copyright exception regime since is not confirmed here.
These lines are LexLint's reading of the law's text.
What this law does
Kosovo's copyright statute listed narrow, enumerated limitations on an author's economic rights rather than a general fair-use or text-and-data-mining exception. Article 44 permitted a natural person to reproduce up to three copies of a published work for private, non-commercial use, but expressly excluded a full electronic database from that private-copying allowance unless the Act or a contract provided otherwise.
Article 51 permitted free adaptation of a work into parody or caricature that created no confusion with the source, or an adaptation that otherwise fell within a permitted use and a lawful purpose. Article 55 let a database's lawful user freely reproduce or adapt it only to the extent necessary to access its content and to its normal exploitation, voiding any contrary contractual term.
No provision in this chapter created a text-and-data-mining exception or a general privilege to reproduce a work for automated or systematic collection. Law No. 08/L-205 repealed this Act on ; its own text is not available through the official gazette site, so it is not established whether Kosovo's current copyright exceptions differ.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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