BrazilCopyright Law, Database Compilation Right
Lei nº 9.610/1998, arts. 7º, XIII, e 87
In force since .
A database right rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Do not reproduce, translate, adapt, reorganize, distribute, or communicate to the public a database whose selection, organization, or arrangement of content is an intellectual creation, without the rightsholder's authorization.
- This right does not extend to the underlying data or materials themselves, only to the database's own selection and arrangement.
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
Who enforces it
Enforcement body
The competent judicial authority (art. 105 of Lei nº 9.610/1998).
Settledness
- As of
- Open questions
- Does the exclusive right in article 87 of Lei nº 9.610/1998 over "a forma de expressão da estrutura" of a database (the form of expression of its structure) reach a copy of its records made by automated extraction that does not reproduce the database's selection or arrangement?
What it makes you log
Logging duty
Article 7, item XIII protects databases that are an intellectual creation by their selection, organization or arrangement, and Article 87 gives the rightsholder exclusive rights over the database's structure. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Article 7, XIII protects a database, along with a collection, compilation, anthology, encyclopedia, or dictionary, as an intellectual creation where its selection, organization, or arrangement of content amounts to one, and article 7, § 2º expressly states that this protection does not cover the underlying data or materials themselves and is without prejudice to any copyright that subsists in that data.
Article 87 gives the holder of the patrimonial right over a database the exclusive right to authorize or prohibit reproducing it in whole or in part, translating, adapting, reorganizing, or otherwise modifying it, distributing the original or copies, or communicating it to the public, and reproducing, distributing, or communicating the results of such a modification.
Because the protection reaches only the database's selection and arrangement, and not the data itself, Brazil has no sui generis, investment-based extraction right of the kind the European Union's Database Directive creates, and the Act predates the concept of a machine-readable text-and-data-mining reservation, so no opt-out mechanism of that kind exists.
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 .