Copyright Law, sui generis database right
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or re-utilise the whole or a substantial qualitative or quantitative part of another party's database without the database maker's authorisation, unless the extraction or re-utilisation is of an insubstantial part by a lawful user of a database made available to the public.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Articles 58 to 60 give the maker of a database the right to prohibit extraction and re-utilization of the whole or a substantial part of its contents, bar the repeated and systematic extraction of insubstantial parts, and set out what a lawful user may do. It imposes no duty to create, keep, produce or review a log or record. The cited articles have no text-and-data-mining exception, no machine-readable opt-out and no territorial clause.
- Kind
- None
- As of
What this law does
Article 58 defines a database as a systematically or methodically arranged collection whose individual elements are separately accessible and whose acquisition, verification or presentation required substantial qualitative or quantitative contribution, and defines the maker of a database as the person on whose initiative and responsibility that contribution was made.
Article 59 gives the maker the right to prohibit extraction or re-utilisation of the whole or a substantial qualitative or quantitative part of the database's contents, a genuine sui generis right modelled on the EU's Database Directive rather than a mere compilation-copyright rule; the maker may transfer or license these rights by contract. Article 60 preserves a lawful user's right to extract or re-utilise insubstantial parts of a database made available to the public, for any purpose. Article 73 brings the Law into force on the tenth day following its official publication.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
Back to the example · Lint your app
Page updated .