Copyright Act, 2023, database protection
Copyright Act, 2023, Act No. 34 of 2023, s.2(11), s.2(16) (database as a protected work)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: http://bdlaws.minlaw.gov.bd/act-details-1452.htmlIn force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not reproduce or extract a database that reflects the compiler's own intellectual expression without the rightsholder's permission or a Rules-specified exception; Bangladesh has not enacted a text-and-data-mining exception, so training a model on such a database rests only on whatever the unlocated implementing Rules for the Act's general reproduction exception may allow.
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
Section 2(11) lists a database among the categories of work and section 2(16) defines a database as an electronically or otherwise systematically arranged collection of original works that carries the compiler's own intellectual expression. They are definitions and impose no duty to create, keep, produce or review a log or record. Neither carries a territorial clause, and the Act has no text-and-data-mining exception in the cited definitions.
- Kind
- None
- As of
What this law does
Section 2(11) lists a database among the eight enumerated categories of a copyrightable "work", alongside literary, dramatic, musical and artistic works, film, sound recording, broadcast, and performance.
Section 2(16) defines "database" as an electronically or otherwise systematically arranged collection of original works in which the compiler's own intellectual expression exists and which can be used through electronic or other means, an originality-based standard rather than an investment-based sui generis extraction right of the kind the EU Database Directive creates.
The Act does not carry a text-and-data-mining exception, and its general reproduction and "good use" exception for a literary work (s.70(1)) leaves the purpose and conditions under which reproduction does not infringe copyright to be set by Rules not otherwise identified.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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