Copyright Law, News-Item Exclusion and Press-Summary Quotation Exception

Article 8(b) provides that protection shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information, published, broadcast, or communicated to the public, placing bare news reporting entirely outside the Law's subject matter.

Article 54 permits, without the author's consent, several uses of a protected work that has been lawfully published; alínea (b) covers the inclusion of non-substantial quotations from another work, including quotations from newspaper articles and periodicals in the form of press summaries, provided the quotations are compatible with fair practice, their extent does not exceed what the purpose justifies, and the source and the author's name are named in the citing work.

Article 4 extends protection to the authors of anthologies or collections of works, expressions of folklore, or data such as databases that, by reason of the selection or arrangement of their contents, constitute intellectual creations, without creating a separate sui generis database right.

Title 2 (Articles 60 and following) confines neighbouring rights to performers and phonogram producers, and a later Title extends comparable protection to broadcasting organisations, so the Law creates no publisher-side right of the kind the European Union's Digital Single Market Directive Article 15 creates.

Article 116 reserves traditional knowledge, genetic resources, folklore, and the Internet for a future decree to supplement the Law, acknowledging that the Law as enacted does not itself address online use. Article 117 repealed the prior copyright statute, Law No. 114/AN/96 of September 3, 1996.

Article 118 provides that the Law is implemented as a State Law and published in the Official Gazette upon its enactment; WIPO Lex records both promulgation and entry into force on July 23, 2006, the date of enactment itself.