Timor-Leste

Baseline

Baseline · Effective 1990-01-01

0%

Dates: Effective 1990-01-01

Why this score

Timor-Leste was under Indonesian occupation until 1999, then under UN transitional administration (UNTAET) from 1999 to 2002, and became an independent state on 20 May 2002. During the period from 1990-01-01 through at least 2022, Timor-Leste had no dedicated copyright statute. Indonesian copyright law (Law No. 6 of 1982, later replaced by Law No. 19 of 2002) would have applied during the occupation period, and UNTAET Regulation No. 1999/1 provided that laws in force prior to 25 October 1999 would continue to apply insofar as they did not conflict with international standards. However, no verified text of the Indonesian copyright law as applied in East Timor during this period could be retrieved and confirmed as the operative law in the territory. The Constitution of the Democratic Republic of Timor-Leste (2002) references intellectual property protection in Article 60, but no implementing copyright legislation existed until 2022. Without any copyright statute containing exceptions and limitations, there is effectively no statutory authorization for research copying. The absence of a copyright statute means there is no statutory exception permitting full-work reproduction for research. Classification is RED by default — no statutory exception exists to permit any research-related reproduction of copyrighted works.

Código do Direito de Autor e Direitos Conexos (Code of Copyright and Related Rights)

Relevant update · Effective 2023-06-01

100%

Relevant section: Articles 75, 76, 77, 78, 79

Dates: Effective 2023-06-01 · Enacted 2022-11-29

Why this score

The Copyright Code introduces multiple research-relevant exceptions. The most permissive for research purposes is Article 75(1)(a), which permits reproduction for exclusively private purposes subject to the three-step test, and Article 77, which permits reproduction and extraction for TDM purposes by any user (with an opt-out for rightholders). However, the most clearly GREEN exception is Article 78, which permits research organisations and cultural heritage institutions to carry out reproductions AND extractions for TDM for scientific research, with contractual override protection and no opt-out. Additionally, Article 75(1)(g) permits reproduction, distribution, and making available to the public of short parts for teaching or scientific research. Article 75(1)(i) permits reproduction in whole or in part by libraries, documentation centres, scientific institutions, or educational establishments for their own activities. Critically, Article 77 permits TDM (reproduction and extraction) by any user for any purpose, covering all works, though subject to rightholder opt-out. This is a broad exception covering reproduction for any user and any work. While the opt-out mechanism in Art. 77(3) could limit its scope, the exception as written covers reproduction and extraction (which includes making available the results) for TDM by any user. Combined with Art. 75(1)(g) which covers reproduction, distribution, and making available for scientific research (though limited to short parts), and Art. 75(1)(i) which covers whole-work reproduction by institutions, the overall framework is GREEN. The classification is GREEN because Art. 77 covers reproduction and extraction for TDM by any user for any work (subject to opt-out), and Art. 78 covers TDM reproduction and extraction for scientific research by research organisations without opt-out. Art. 75(1)(i) permits whole-work institutional reproduction. The combination of these provisions — particularly Art. 77's broad TDM exception covering reproduction by any user — supports GREEN classification. Non-commercial restrictions (Art. 78) and proportionality qualifiers (Art. 75(2)) are classification-neutral factors.

Exceptions considered

Original text

Article 75
Free use
1 - The following are considered lawful, without the consent of the author, provided that the name of the author and the publisher are mentioned, and that the work has been lawfully disclosed, made available to the public, or published:
a) The reproduction, for exclusively private purposes, of a work that has been lawfully disclosed, provided that it does not prejudice the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author;
b) The reproduction, distribution, and making available to the public, for the purposes of information, of speeches, lectures, and other works of the same nature, which have been lawfully made available to the public, to the extent justified by the purpose of providing information;
c) The selection and compilation of the works referred to in the preceding sub-paragraph, whether by the author or by third parties;
d) The fixation, reproduction, and making available to the public, by any means, of short fragments of literary or artistic works, when their inclusion in the reporting of current events is justified for the purposes of providing information;
e) The reproduction and making available to the public of works permanently located in public places, by means of a painting, drawing, photograph, or audiovisual process, provided that the reproduction of the work is not the main subject of the reproduction and that the reproduction is not used for commercial purposes;
f) The inclusion of short quotations or summaries of works of others, whatever their nature, in support of one's own doctrines or for purposes of criticism, discussion, or teaching, provided that their use is in conformity with accepted practice and their extent does not exceed that justified by the purpose;
g) The reproduction, distribution, and making available to the public, for the purposes of teaching or scientific research, of short parts of a published work, to the extent justified by the purpose;
h) The inclusion of short parts of works of others in one's own work, provided that the work in which they are included has a different character, and their inclusion is justified by the purpose of documentation, teaching, or scientific research;
i) The reproduction, in whole or in part, of a work that has been previously made available to the public, provided that such reproduction is made by a library, a documentation centre, a scientific institution, or an educational establishment, and that the reproduction and the number of copies made are limited to the needs of their own activities;
j) The reproduction, distribution, and making available to the public of a work, for the benefit of persons with a disability, which is directly related to the disability and is of a non-commercial nature, to the extent required by the specific disability;
k) The reproduction, distribution, and making available to the public of a work for the purposes of public security, or to ensure the proper performance or reporting of administrative, parliamentary, or judicial proceedings;
l) The reproduction of a work by an institution that has been authorised to make it accessible to persons with a print disability, for the exclusive use of such persons, in an accessible format;
m) The performance of a work in the context of religious ceremonies, or official ceremonies organised by a public authority;
n) The use of a work for the purposes of parody, pastiche, or caricature, in accordance with the accepted practices of the genre.
2 - The uses referred to in the preceding paragraph shall not be interpreted in a manner that unreasonably prejudices the legitimate interests of the author or that is contrary to the normal exploitation of the work.

Article 76
Reproduction for private purposes
1 - The reproduction of a work, without the consent of the author, is permitted when it is for the exclusively private use of the person who makes it and the person does not pursue, directly or indirectly, any commercial purpose.
2 - The reproduction referred to in the preceding paragraph shall not apply to:
a) The reproduction of a musical score;
b) The reproduction, in whole or in substantial part, of a book, when copies of the book are available for sale;
c) The reproduction of a database in electronic form;
d) The reproduction of a computer program, except in the cases provided for in Article 81.
3 - The reproduction referred to in paragraph 1 shall not prejudice the normal exploitation of the work and shall not unreasonably prejudice the legitimate interests of the author.

Article 77
Reproduction and extraction for the purposes of text and data mining
1 - The reproduction and extraction of lawfully accessible works and other protected subject matter, for the purposes of text and data mining, are permitted.
2 - Copies and extractions made under the preceding paragraph may be retained for as long as is necessary for the purposes of text and data mining.
3 - The authorisation referred to in paragraph 1 shall not apply when the use of the works and other protected subject matter referred to therein has been expressly reserved by the rightholders in an appropriate manner, including by machine-readable means.
4 - This article shall not affect the application of Article 75.

Article 78
Text and data mining for the purposes of scientific research
1 - Research organisations and cultural heritage institutions may carry out reproductions and extractions of works or other protected subject matter to which they have lawful access, for the purposes of text and data mining carried out for the purposes of scientific research.
2 - Any contractual provision contrary to the provisions of the preceding paragraph shall be unenforceable.
3 - Rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other protected subject matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective.
4 - Copies and extractions made under paragraph 1 shall be stored with an appropriate level of security and may be retained for the purposes of scientific research, including for the verification of research results.
5 - For the purposes of this article, a research organisation means a university, including its libraries, a research institute, or any other entity, the primary goal of which is to conduct scientific research or to carry out educational activities involving also the conduct of scientific research, provided that it does so:
a) On a not-for-profit basis or by reinvesting all the profits in its scientific research; or
b) Pursuant to a public interest mission recognised by a Member State.
6 - For the purposes of this article, a cultural heritage institution means a publicly accessible library or museum, an archive, or a film or audio heritage institution.

Article 79
Use of works and other protected subject matter in digital and cross-border teaching activities
1 - The digital use of works and other protected subject matter for the sole purpose of illustration for teaching, to the extent justified by the non-commercial purpose to be achieved, is permitted, provided that the use:
a) Takes place under the responsibility of an educational establishment, on its premises or at other venues, or through a secure electronic environment accessible only by the pupils or students and teaching staff of the educational establishment; and
b) Is accompanied by the indication of the source, including the author's name, unless this turns out to be impossible.
2 - The application of paragraph 1 to specific uses or types of works and other protected subject matter may be subject to the availability of suitable licences authorising the acts described in that paragraph and covering the needs and specificities of educational establishments.
3 - The use of works and other protected subject matter for the sole purpose of illustration for teaching through secure electronic environments shall be deemed to occur solely in the Member State in which the educational establishment is established.
4 - Any contractual provision contrary to the provisions of paragraph 1 shall be unenforceable.

English rendering

[Unofficial translation]: The text above is from the official English translation provided in the WTO accession document for Timor-Leste. Articles 75-79 establish a comprehensive set of copyright exceptions including: free use provisions for private purposes, teaching, scientific research, quotation, and institutional copying (Art. 75); private reproduction with exclusions for musical scores, books available for sale, electronic databases, and computer programs (Art. 76); general TDM exception with opt-out for rightholders (Art. 77); TDM for scientific research by research organisations and cultural heritage institutions without opt-out (Art. 78); and digital use for teaching (Art. 79).

Source links

• Official text ↗

Código do Direito de Autor e Direitos Conexos (Code of Copyright and Related Rights)

Current law confirmation · Effective 2023-06-01

80%

Relevant section: Articles 75, 76, 77, 78, 79

Dates: Effective 2023-06-01 · Enacted 2022-11-29

Why this score

As of 2025, the Copyright Code (approved 29 November 2022, in force approximately mid-2023) remains the operative copyright law in Timor-Leste. No amendments to the Copyright Code have been identified via web search. The most permissive exception available to any user for research purposes is Article 77, which permits reproduction and extraction for TDM by any user, for all types of lawfully accessible works. This covers reproduction of full works but does not explicitly cover sharing/communication/distribution. The opt-out mechanism in Art. 77(3) is a classification-neutral factor (it is analogous to a proportionality qualifier). Art. 78 provides TDM for scientific research by research organisations without opt-out, but is restricted to institutions (PURPLE individually). Art. 75(1)(i) permits whole-work reproduction by libraries and scientific institutions (PURPLE). Art. 75(1)(g) permits reproduction, distribution, and making available for scientific research but only of 'short parts' (RED). Art. 76 permits private reproduction but excludes musical scores, whole books available for sale, electronic databases, and computer programs (ORANGE). The overall classification is BLUE: Art. 77 permits reproduction of full works for TDM by any user (all works, all users) but does not cover sharing/communication. No exception provides both full-work reproduction AND sharing for research by any user. Classification-neutral factors (non-commercial restrictions in Art. 78, three-step test in Art. 75(2), lawful access requirement in Art. 77) were not factored into the color decision.

Exceptions considered

Original text

Article 77
Reproduction and extraction for the purposes of text and data mining
1 - The reproduction and extraction of lawfully accessible works and other protected subject matter, for the purposes of text and data mining, are permitted.
2 - Copies and extractions made under the preceding paragraph may be retained for as long as is necessary for the purposes of text and data mining.
3 - The authorisation referred to in paragraph 1 shall not apply when the use of the works and other protected subject matter referred to therein has been expressly reserved by the rightholders in an appropriate manner, including by machine-readable means.
4 - This article shall not affect the application of Article 75.

English rendering

[Unofficial translation — from WTO accession English text]: Article 77 - Reproduction and extraction for the purposes of text and data mining: 1 - The reproduction and extraction of lawfully accessible works and other protected subject matter, for the purposes of text and data mining, are permitted. 2 - Copies and extractions made under the preceding paragraph may be retained for as long as is necessary for the purposes of text and data mining. 3 - The authorisation referred to in paragraph 1 shall not apply when the use of the works and other protected subject matter referred to therein has been expressly reserved by the rightholders in an appropriate manner, including by machine-readable means. 4 - This article shall not affect the application of Article 75.

Source links

• Official text ↗