Copyright and text and data mining (TDM)
Copyright Act 2003, temporary reproduction and quotation exceptions
Copyright Act, 2003 (Act No. 5 of 2003, Commonwealth of Dominica), s. 64, s. 65, s. 69Copyright Act, 2003 (Act No. 5 of 2003), Government of the Commonwealth of Dominica Laws portal
In force since 15 November 2003. Binds public and private bodies.
What this law does
Section 64 permits the temporary reproduction of a work, notwithstanding the reproduction right in section 10(1)(a), where the reproduction is made in the process of a digital transmission of the work or an act of making a digitally stored work perceptible and is caused by a person entitled to make it by authorisation of the copyright owner or by operation of law.
Section 65, read with section 66's fair-practice test, permits quotation from a work lawfully made available to the public, and section 69 separately permits reproducing a newspaper or periodical article on current economic, political or religious topics, and short excerpts of a work seen or heard while reporting current events, without the copyright owner's authorisation, subject to an obligation to indicate the source and the author's name.
The Act enumerates a closed list of specific permitted acts of this kind rather than an open-ended fair-use standard or a text-and-data-mining-specific exception, so an act of automated reproduction not falling within one of the enumerated exceptions is not excused by them.
What it requires