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Haiti

Décret du 12 octobre 2005 sur le droit d'auteur.

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020252005: 60%2006: 60%2007: 60%2008: 60%2009: 60%2010: 60%2011: 60%2012: 60%2013: 60%2014: 60%2015: 60%2016: 60%2017: 60%2018: 60%2019: 60%2020: 60%2021: 60%2022: 60%2023: 60%2024: 60%2025: 60%YearOpenness score (%)

Selected year snapshot

For 2000, the active event in this file is Décret du 9 janvier 1968 sur les droits d'auteur d'œuvres littéraires, scientifiques et artistiques.

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Current rationale

The 1968 Decree on Copyright was the law in force in Haiti on 1990-01-01. WIPO Lex lists this decree but the full statutory text could not be retrieved or verified via web search. The decree is known to contain exceptions and limitations provisions (reportedly Articles 15-16 address permitted uses including quotations and reproductions for personal/private use), but without access to the actual verbatim text, the precise scope of research-relevant exceptions cannot be confirmed. Based on the structure typical of Haitian copyright law of this era (modeled on French-influenced civil law traditions), the decree likely contained a private reproduction exception and a quotation right, but the exact wording, scope regarding full works, sharing, user classes, and work types cannot be verified. Classification is therefore AMBIGUOUS due to inability to access the statutory text, not due to textual indeterminacy.

Exceptions considered

Art. 15-16 (unverified)?Private UseMost permissive

Reported exceptions for quotation and private/personal reproduction; exact scope unverifiable

Law changes

Décret du 9 janvier 1968 sur les droits d'auteur d'œuvres littéraires, scientifiques et artistiques

Baseline · Effective 1968-01-09

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Relevant section: Art. 15, Art. 16

Dates: Effective 1968-01-09 · Enacted 1968-01-09

Why this score

The 1968 Decree on Copyright was the law in force in Haiti on 1990-01-01. WIPO Lex lists this decree but the full statutory text could not be retrieved or verified via web search. The decree is known to contain exceptions and limitations provisions (reportedly Articles 15-16 address permitted uses including quotations and reproductions for personal/private use), but without access to the actual verbatim text, the precise scope of research-relevant exceptions cannot be confirmed. Based on the structure typical of Haitian copyright law of this era (modeled on French-influenced civil law traditions), the decree likely contained a private reproduction exception and a quotation right, but the exact wording, scope regarding full works, sharing, user classes, and work types cannot be verified. Classification is therefore AMBIGUOUS due to inability to access the statutory text, not due to textual indeterminacy.

Exceptions considered

Art. 15-16 (unverified)?Private UseMost permissive

Reported exceptions for quotation and private/personal reproduction; exact scope unverifiable

Source links

Décret du 12 octobre 2005 sur le droit d'auteur

Relevant update · Effective 2005-10-12

60%

Relevant section: Art. 53, Art. 54, Art. 55, Art. 56, Art. 57, Art. 58

Dates: Effective 2005-10-12 · Enacted 2005-10-12

Why this score

The 2005 Decree replaced the 1968 Decree and is the current copyright law of Haiti. Assessing all research-relevant exceptions: (1) Art. 53(a) permits quotation only — excerpts, not full works — RED individually. (2) Art. 53(b) permits use for illustration of teaching, which may tangentially cover research but is limited to teaching illustration — not a general research exception. (3) Art. 54(a) permits reproduction by a private individual exclusively for personal and private use — this covers full works but is restricted to private individuals and covers reproduction only (not sharing/communication) — LIGHT BLUE. (4) Art. 54(b) permits a library to make a single copy to respond to a request of a natural person for purposes of 'private study and research' — this is restricted to libraries making copies, limited to a single copy, and the beneficiary must be a natural person requesting for private study and research. This is an institutional exception serving individual researchers but restricted to libraries (PURPLE for user restriction). The most permissive exception for a researcher is Art. 54(a), which allows any private individual to reproduce a full work for personal and private use. This covers reproduction of full works but is limited to private individuals (not institutional or collaborative use) and covers reproduction only (not sharing/communication). There is no general fair use, fair dealing, or open three-step-test clause. The non-commercial restriction and single-copy limits are classification-neutral. The overall classification is LIGHT BLUE based on Art. 54(a).

Exceptions considered

Art. 53(a)0%Quotation

Quotation from a lawfully accessible work, conforming to fair practice, extent justified by purpose

Art. 53(b)0%Educational

Use of a work for illustration of teaching through publications, broadcasts, recordings, to extent justified by purpose

Art. 54(a)60%Private UseMost permissive

Reproduction by a private individual exclusively for personal and private use of a lawfully accessible work

Art. 54(b)40%Library Institutional

Reproduction in a single copy by a non-commercial library or archive to respond to a natural person's request for private study and research, as an isolated act

Original text

English rendering

Source links

Décret du 12 octobre 2005 sur le droit d'auteur

Current law confirmation · Effective 2005-10-12

60%

Relevant section: Art. 53, Art. 54

Dates: Effective 2005-10-12 · Enacted 2005-10-12

Why this score

As of 2025, the Decree of October 12, 2005 remains the copyright law in force in Haiti. No amendments to the copyright exceptions have been identified. The most permissive research-relevant exception remains Art. 54(a), which permits reproduction of full works by a private individual exclusively for personal and private use. This covers all types of works and permits full-work reproduction, but is restricted to private individuals (not institutional or collaborative use) and covers reproduction only (not sharing or communication to the public). Art. 54(b) provides a complementary library exception for private study and research but is more restrictive (limited to libraries, single copy, isolated acts). Art. 53(a) permits only quotation (excerpts). There is no fair use, fair dealing, general research exception, three-step-test enabling clause, or TDM exception. Classification-neutral factors (non-commercial nature of private use, single-copy limits in Art. 54(b)) were not factored into the color decision. The classification is LIGHT BLUE.

Exceptions considered

Art. 53(a)0%Quotation

Quotation from a lawfully accessible work, conforming to fair practice, extent justified by purpose

Art. 53(b)0%Educational

Use of a work for illustration of teaching through publications, broadcasts, recordings

Art. 54(a)60%Private UseMost permissive

Reproduction by a private individual exclusively for personal and private use of a lawfully accessible work — covers full works, all work types, but restricted to private individuals and reproduction only

Art. 54(b)40%Library Institutional

Reproduction in a single copy by a non-commercial library or archive to respond to a natural person's request for private study and research, as an isolated act in distinct and unrelated cases

Original text

English rendering

Source links