Selected year snapshot
For 1995, the active event in this file is Baseline.
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Current rationale
Afghanistan had no copyright law in force on 1990-01-01. Multiple sources confirm that Afghanistan never had a copyright law prior to the 2008 Copyright Law. The November 2003 Copyright World article describes the drafting process as starting from 'a clean slate' — 'Afghanistan has never had a copyright law.' No copyright statute was in force during the Taliban era or the preceding periods that would have governed exceptions and limitations for research. Without any copyright statute, there are no statutory exceptions to classify. The situation is AMBIGUOUS because the absence of a copyright law means there was no statutory framework for copyright at all — works were neither protected nor subject to statutory exceptions.
Law changes
Baseline
Baseline · Effective 1990-01-01
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Dates: Effective 1990-01-01
Why this score
Afghanistan had no copyright law in force on 1990-01-01. Multiple sources confirm that Afghanistan never had a copyright law prior to the 2008 Copyright Law. The November 2003 Copyright World article describes the drafting process as starting from 'a clean slate' — 'Afghanistan has never had a copyright law.' No copyright statute was in force during the Taliban era or the preceding periods that would have governed exceptions and limitations for research. Without any copyright statute, there are no statutory exceptions to classify. The situation is AMBIGUOUS because the absence of a copyright law means there was no statutory framework for copyright at all — works were neither protected nor subject to statutory exceptions.
Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law)
Relevant update · Effective 2008-01-01
60%
Relevant section: Articles 19, 20, 21, 22, 23, 24, 25
Dates: Effective 2008-01-01 · Enacted 2008-01-01
Why this score
The 2008 Copyright Law introduced Afghanistan's first copyright exceptions. The most permissive research-relevant exception is Article 19(1)(3), which permits 'use of a published work... for personal and private use.' The chapeau of Article 19 uses the word 'use' which covers any exclusive right (reproduction, communication, etc.), and it applies to any 'published work' (all types of works). However, it is restricted to 'personal and private use,' limiting the beneficiary to individuals acting privately. This maps to LIGHT BLUE: full works are covered, any exclusive right is covered via 'use,' but the user class is restricted to private/personal. Article 20 (library exception) is narrower — limited to 'a published article, a short work, or a short extract' — so it does not override the private use classification. Article 19(1)(1) (quotation) is limited to short passages (RED). Article 19(1)(2) (teaching illustration) is educational, not directly research-focused, and subject to proportionality. The non-commercial restriction implicit in 'personal and private use' is classification-neutral per the rules. The three-step test in Article 25 operates as a limiting clause, not an enabling clause, so it does not independently create a GREEN classification.
Exceptions considered
Use of a published work for personal and private use, without authorization or compensation. The chapeau uses 'use' covering any exclusive right. Applies to any published work.
Libraries, documentation centers, scientific and educational institutions may make single reprographic copies of published articles, short works, or short extracts for study, scholarship, or private research of a natural person.
Quotation of short passages from a published work for criticism, discussion, or information, compatible with fair practice.
Use of a published work for illustration for teaching in publications, broadcasts, or recordings, compatible with fair practice and proportionate.
Three-step test: use must be compatible with fair practice, not conflict with normal exploitation, and not unreasonably prejudice author's interests. Operates as a limiting clause on other exceptions, not as an independent enabling clause.
English rendering
[Unofficial translation]: Article 19: (1) The use of a published work shall be permissible without the authorization of the author or the payment of any compensation, in the following cases: 1- Quotation of short passages from a published work for purposes of criticism, discussion, or information, provided that the quotation is compatible with fair practice and does not exceed the extent justified by the purpose. 2- The use of a published work for purposes of illustration for teaching in publications, broadcasts, or sound or visual recordings, provided that such use is compatible with fair practice and does not exceed the extent justified by the purpose. 3- The reproduction of a published work for personal and private use. Article 20: Libraries, documentation centers, and scientific and educational institutions may, without the authorization of the author, make single copies of the work by means of reprographic reproduction: 1- Where the work reproduced is a published article, a short work, or a short extract of a writing, and where the purpose of the reproduction is to satisfy the request of a natural person, provided that the copy will be used solely for study, scholarship, or private research. 2- Where the copy is made in order to preserve and, if necessary, replace a copy, or to replace a copy which has been lost, destroyed, or rendered unusable in the permanent collection of another similar library or archive.
Source links
Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law)
Current law confirmation · Effective 2025-01-01
60%
Relevant section: Articles 19, 20, 25
Dates: Effective 2025-01-01
Why this score
As of 2025, the 2008 Copyright Law remains in force in Afghanistan. No subsequent amendments to the copyright exceptions have been identified. The most permissive research-relevant exception remains Article 19(1)(3), which permits 'use' of any published work for 'personal and private use.' This covers full works and any exclusive right (via the broad term 'use' in the chapeau), but is restricted to personal/private purposes, limiting the beneficiary class to individuals. This maps to LIGHT BLUE. The library exception in Article 20 is more restrictive (limited to articles, short works, or short extracts — RED individually). No TDM exception exists. No unqualified fair dealing or fair use clause exists. Afghanistan joined the Berne Convention effective 2 June 2018 and the WTO in 2016, but these accessions did not amend the domestic copyright exceptions. The Taliban takeover in August 2021 has created uncertainty about the continued application of pre-existing laws, but no replacement copyright legislation has been identified. The 2008 law is treated as still formally in force.
Exceptions considered
Use of a published work for personal and private use, without authorization or compensation. Covers any exclusive right ('use') and any published work, but restricted to personal/private purposes.
Libraries, documentation centers, scientific and educational institutions may make single reprographic copies of published articles, short works, or short extracts for study, scholarship, or private research.
Quotation of short passages for criticism, discussion, or information.
Use for illustration for teaching in publications, broadcasts, or recordings.
Three-step test as a limiting clause on all exceptions.
English rendering
[Unofficial translation]: Article 19(1)(3): The use of a published work shall be permissible without the authorization of the author or the payment of any compensation... for personal and private use. Article 20(1): Libraries, documentation centers, and scientific and educational institutions may, without the authorization of the author, make single copies of the work by means of reprographic reproduction where the work reproduced is a published article, a short work, or a short extract of a writing, and where the purpose of the reproduction is to satisfy the request of a natural person, provided that the copy will be used solely for study, scholarship, or private research.