BahamasCopyright Act 1998, compilation and database protection
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://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1998/1998-0008/CopyrightAct_1.pdfIn force since .
A database right rule binding public and private bodies.
- Obligation class
- Attribution
- Audit expectation
- none
What it requires
- Do not reproduce or commercially deal in a substantial part of a database or compilation that is original by reason of the selection, co-ordination or arrangement of its contents, without the compiler's authorisation.
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.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- MIT mitigations Draft
- 3.2Data Governance
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-DET-013Providing Citations and Source Traceability for AI-Generated Information
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
Unauthorised commercial dealing in an infringing copy or phonorecord (importing for other than private use, possessing in the course of business, distributing prejudicially to the copyright owner, or making a reproducing device knowing it will be used for infringement) is an offence under section 53(1)-(2), liable on summary conviction to a fine of fifty thousand dollars or two years' imprisonment, or on conviction on information to one hundred thousand dollars or four years; any other offence under section 53 is liable to twenty-five thousand dollars or one year summarily, or fifty thousand dollars or two years on information.
Penalty structure
Section 53(4) caps commercial dealing in an infringing copy at fifty thousand dollars (two years) on summary conviction or one hundred thousand dollars (four years) on conviction on information; section 53(5) caps any other offence under the section at twenty-five thousand dollars (one year) or fifty thousand dollars (two years).
- Rule
- Fixed only
- As of
- Currency
- BSD
- Fixed cap
- 100,000
What it makes you log
Logging duty
Section 2 defines a compilation and section 5(3) brings compilations and derivative works within the protected categories. They impose no duty to create, keep, produce or review a log or record. The registration and notice provisions elsewhere in the Act are outside the provisions this row covers.
- Kind
- None
- As of
What this law does
A compilation, defined as a work formed by collecting and assembling pre-existing materials or data selected, co-ordinated or arranged so that the whole constitutes an original work of authorship, is a protected category of copyright work, and the term compilation includes collective works; the Act creates no separate sui generis database right beyond this originality-based compilation protection.
Copyright in a compilation extends only to the material the compiler contributed, not to the pre-existing material used, and does not enlarge or affect copyright in that pre-existing material. Unauthorised commercial dealing in an infringing copy, including importing it, possessing it in the course of business, or distributing it so as to prejudice the copyright owner, is an offence.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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