BermudaCopyright and Designs Act 2004, database right
Copyright and Designs Act 2004 (Bermuda), 2004:5, Part V (database right)
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Do not extract or re-utilise all or a substantial part of the contents of a database that reflects substantial investment in obtaining, verifying or presenting its contents, without the database right owner's authorisation, unless a statutory exception applies.
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
Part III creates database right where there has been substantial investment in obtaining, verifying or presenting a database's contents, and its exceptions are listed in Schedule 4. They impose no duty to create, keep, produce or review a log or record. The qualification section ties the right to a Bermudian maker, which says who owns the right rather than what brings an infringer within the Act.
- Kind
- None
- As of
What this law does
A property right, database right, subsists in a database where there has been a substantial investment in obtaining, verifying or presenting its contents, regardless of whether the database or its contents is also a copyright work.
The right is infringed by extracting or re-utilising all or a substantial part of a database's contents without the owner's authority, subject to exceptions for parliamentary and judicial proceedings, material open to public inspection under a statutory requirement, and material communicated to the Crown in the course of public business. The Copyright Tribunal has jurisdiction over disputed licensing schemes and licences for database right, on the same terms as for copyright licensing.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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