Bosnia and HerzegovinaLaw on Copyright and Related Rights, Rights of Database Producers
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Do not reproduce, distribute, make available to the public, or otherwise communicate the whole or a substantial part of a database whose making required a qualitatively or quantitatively substantial investment, without the producer's authorization.
- Do not repeatedly and systematically extract or reuse insubstantial parts of such a database if doing so conflicts with the database's normal use or unreasonably prejudices the producer's legitimate interests, even though a single insubstantial extraction is free.
- Treat the right as running for 15 years from the database's completion or first lawful publication, and expect a substantial new investment in its content to restart that term.
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
If you get it wrong
Criminal exposureNo
Private right of actionYes
Criminal exposure note
Unauthorized exploitation of a database producer's right is a misdemeanor (prekrsaj) under art. 170(1)(f), not a criminal offense (krivicno djelo).
Penalty structure
Article 170(1)(f) sets the same misdemeanor fine tier as other copyright and related-rights violations under this Law: BAM 1,000 to BAM 200,000 for a legal entity and BAM 1,000 to BAM 20,000 for an entrepreneur who reproduces, distributes, rents, makes available, or otherwise exploits a database without the required transfer of the producer's right. Article 170(2) fines the responsible natural person within that entity BAM 3,000 to BAM 20,000, and art. 170(3) fines a natural person acting alone BAM 3,000 to BAM 10,000.
- Rule
- Fixed only
- As of
- Minimum
- 1,000
- Currency
- BAM
- Fixed cap
- 200,000
Who enforces it
Enforcement body
Right holders, by court action (Articles 150 and 156); misdemeanor fines are set by Article 170; market inspectorates of the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District supervise trade in goods and services (Article 173).
Settledness
- As of
- Open questions
- Does a collection of web pages that a site operator assembled for display count as a "database" whose "obtaining, verification or presentation" required a "qualitatively or quantitatively substantial investment" under Article 141(1)?
- At what point does repeated and systematic extraction of insubstantial parts of a database "conflict with a normal exploitation of the database" or become "unreasonably prejudicial to the legitimate interests of its producer" under Article 142(1)(c)?
What it makes you log
Logging duty
Articles 141 to 146 give the maker of a database an exclusive right over reproduction, distribution, rental and making available, set the lawful user's rights and obligations and the fifteen-year term. None imposes a duty to create, keep, produce or review a log or record. The cited articles carry no territorial clause.
- Kind
- None
- As of
What this law does
Article 141 confers a sui generis right on the producer of a database, defined as a person who takes the initiative and assumes the risk of investing in the database's making, where obtaining, verifying, or presenting its content required a qualitatively or quantitatively substantial investment of human, technical, or financial resources; this protection is independent of any copyright in the database as a compilation.
Article 142 extends that protection to the whole content, to any qualitatively or quantitatively substantial part of it, and to the repeated and systematic extraction or use of insubstantial parts where that conflicts with the database's normal use or unreasonably prejudices the producer's legitimate interests. Article 143 gives the producer the exclusive right of reproduction, distribution, rental, making available, and other communication of the database to the public.
Article 144 lets an authorized user freely use qualitatively or quantitatively insubstantial parts of a published database's content for any purpose, subject to not conflicting with its normal use or unreasonably prejudicing the producer, and voids a contrary contract term.
Article 146 sets the right's term at 15 years from completion of the database or, if lawfully published within that period, from first publication, restarting on any qualitatively or quantitatively substantial new investment in the database's content.
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 .