AustriaUrhG Sections 76c to 76e, Sui Generis Database Right
UrhG Sec. 76c-76e, BGBl. Nr. 111/1936
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or re-utilize the whole, or a substantial part, of a database that required a substantial investment to compile, verify, or present, without the producer's authorization, per UrhG Section 76d.
- Do not repeatedly and systematically extract or re-utilize insubstantial parts of such a database where this conflicts with its normal exploitation or unreasonably prejudices the producer's legitimate interests, per UrhG Section 76d.
These lines are LexLint's reading of the law's text. Also read by: Oberster Gerichtshof, decision of , 4 Ob 25/04m (recorded ).
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
Who enforces it
Settledness
- As of
- Case link
- https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Justiz&Dokumentnummer=JJT_20040504_OGH0002_0040OB00025_04M0000_000
- Case citation
- Oberster Gerichtshof, decision of , 4 Ob 25/04m
- Open questions
- When does repeated and systematic extraction of insubstantial parts of a website's data 'der normalen Verwertung der Datenbank entgegenstehen' under Section 76d(1), given that the Oberster Gerichtshof has applied that test only to a single copied record?
- Do the records that a crawler collects over time add up to 'einen nach Art oder Umfang wesentlichen Teil' of the database under Section 76d(1)?
What it makes you log
Logging duty
Section 76d gives the maker of a database exclusive rights over the whole database or a substantial part of it, and section 76e makes a contract term void in part where it bars a lawful user from using insubstantial parts. Neither section requires a log or record to be kept.
- Kind
- None
- As of
What this law does
A database whose compilation, verification, or presentation required a substantial investment is protected as such under Section 76c, independent of any copyright in its contents.
Section 76d gives the database's producer the exclusive right to reproduce, distribute, broadcast, publicly communicate, and make available the whole database or a substantial part of it, and treats the repeated and systematic extraction or re-utilization of insubstantial parts the same way where this conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests.
Section 76e voids any contractual term by which a lawful user agrees not to extract or re-utilize insubstantial parts, to the extent that doing so neither conflicts with normal exploitation nor unreasonably prejudices the producer. The right lasts fifteen years from completion, or from publication if the database is published within that period.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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