BeninLoi n°2005-30 relative à la protection du droit d'auteur et des droits voisins, exclusion des nouvelles du jour et protection des bases de données comme compilations
Loi n°2005-30 du 05 avril 2006 Exclusions des Nouvelles du Jour et des Bases de Données, relative à la protection du droit d'auteur et des droits voisins
In force.
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Treat a database compiled through the selection, coordination, or arrangement of its contents as a protected work: do not reproduce all or a substantial part of it without the rights holder's authorization, even though the underlying facts and data are not themselves protected.
- Treat the news of the day, official texts, and bare ideas, facts, or data as outside copyright protection regardless of who first published them.
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 exposureYes
Criminal exposure note
Piracy of a literary or artistic work (reproduction without the copyright or related-rights holder's prior authorization and the collective management body's authorization) is punished by three months to two years' imprisonment and a fine of 500,000 to 10,000,000 CFA francs, or either penalty alone, without prejudice to civil damages (Art. 109-110); the penalty doubles on a repeat offense (Art. 114).
Who enforces it
Settledness
- As of
- Open questions
- Because Article 8 protects collections of "simples faits ou données" (bare facts or data) only where "le choix, la coordination ou la disposition des matières" (the selection, coordination or arrangement of the material) makes them intellectual creations, is a scraper free to extract the facts of a database without copying its arrangement?
- What amount of a database is "parties importantes de bases de données" (substantial parts of databases) in Article 14, beyond which digital reproduction falls outside the private-copy exception, and does a systematic extraction of many small parts count?
What it makes you log
Logging duty
Article 8 protects collections of works, facts or data, including databases, that are intellectual creations by their selection, coordination or arrangement, and Article 9 excludes official texts, the news of the day and simple data. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Benin's copyright statute, adopted by the National Assembly on and again on after a Constitutional Court conformity decision, promulgated on .
Article 9 excludes official legislative, administrative, or judicial texts and their official translations, the news of the day, and ideas, procedures, systems, methods, concepts, principles, discoveries, or bare data from copyright protection outright, whether or not those are stated, described, explained, illustrated, or incorporated in a work.
Article 8 separately protects, as works, collections of works, folklore expressions, or bare facts or data, such as encyclopedias, anthologies, and databases, whether reproduced on a machine-readable medium or any other form, when the selection, coordination, or arrangement of their contents constitutes an intellectual creation; the protection reaches only that selection, coordination, or arrangement, and not the underlying facts or data themselves, and there is no separate sui generis database right of the EU kind.
Piracy of literary and artistic works, meaning reproduction without the prior authorization of the copyright or related-rights holders and the collective management body, is a criminal offense punished under Art. 108 to 110 by three months to two years' imprisonment and a fine of 500,000 to 10,000,000 CFA francs, or either penalty alone, without prejudice to damages. Loi n° 2005-30 was promulgated at Cotonou on after the Constitutional Court's conformity decision.
Its text fixes no commencement day, and no Journal officiel issue carrying it and no other source stating the day it came into force has been located.
When LexLint raises it
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