AndorraCopyright and Neighboring Rights Law, Database and Collection Protection
Llei sobre drets d'autor i drets veïns (Law on Copyright and Neighboring Rights) approved , arts. 3-4, 14 (Derivative Works and Collections; Subject Matter Not Protected; Free Use of Data Bases)
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- A collection of works or of mere data, including a database, is protected only if the selection or arrangement of its contents is original; a non-original compilation of facts is not protected and may be freely used.
- Facts, ideas, procedures, and other mere data are never protected by copyright, whichever work they appear in.
- A lawful user of a database may access and make normal use of its contents without the rightholder's authorization, and this cannot be excluded by contract.
- No text-and-data-mining exception or machine-readable opt-out exists under this Law.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 3, 4 and 14 set the protection of collections and data bases, leave mere data unprotected, and let a lawful user of a data base do the acts needed for access and normal use without the rightholder's authorization. It imposes no duty to create, keep, produce or review a log or record. The Law has no text-and-data-mining exception and no machine-readable opt-out, and the cited articles state no territorial clause.
- Kind
- None
- As of
What this law does
Article 3(1)(b) protects a collection of works or of mere data, including a database in machine-readable form, as a copyright work only where the selection or arrangement of its contents is original; A non-original compilation of facts therefore receives no protection as a work, because article 4(1) denies protection to mere data, and the chapter on neighboring rights covers performers, phonogram producers, broadcasting organizations and publishers of unpublished works but gives no right to the maker of a database.
Article 4(1) excludes mere data, and any idea, procedure, system, method of operation, concept, principle, or discovery, from copyright protection regardless of the work in which it is expressed, and article 4(2) excludes official legislative, administrative, or judicial texts.
Article 14 lets a lawful user of a database access its contents and make normal use of them, for whichever acts under article 5(1) that use requires, without the rightholder's authorization, and this exception cannot be excluded by contract. The text of the Law does not mention text and data mining or any reservation of rights in machine-readable form.
The Law enters into force the day after its publication in the Butlletí Oficial del Principat d'Andorra, which printed it in issue 38 of , and no notice stating the resulting day has been located.
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