Côte d'IvoireCopyright and Neighboring Rights Act, database compilation protection
Loi n° 2016-555 du 26 juillet 2016 art. 8 (protection des bases de données comme compilations), relative au droit d'auteur et aux droits voisins
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Treat a database compiled through the choice, coordination or arrangement of its contents as a protected work: do not reproduce all or a substantial part of that arrangement without the rights holder's authorization.
- Treat the content of a database, and any computer program used to create, run or consult it, as outside that protection, along with bare ideas, facts and data generally.
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
Infringing the moral or economic rights the Act defines, including an unauthorized reproduction of a protected database compilation, is punishable by one to ten years' imprisonment and a fine of 500,000 to 5,000,000 CFA francs, or either penalty alone (art. 138).
Penalty structure
Article 138's fine ceiling for infringing a moral or economic right the Act defines, alongside imprisonment of up to ten years or either penalty alone.
- Rule
- Fixed only
- As of
- Currency
- XOF
- Fixed cap
- 5,000,000
What it makes you log
Logging duty
Article 8 treats a database whose selection or arrangement is original as a protected compilation and leaves its content and programs outside that protection; article 10 lists what protection does not cover, and article 138 states the offence and penalty for dealing in infringing works. None calls for a log or record, and none names an audit, an auditor or a person who may demand a record. The articles state no territorial hook.
- Kind
- None
- As of
What this law does
Article 8 protects, as an original work, a collection of works or of mere data or facts, such as an encyclopedia, anthology or database, where the choice, coordination or arrangement of its contents constitutes an original work; the same article states that this protection does not extend to a database's own content or to a computer program used to create, operate or consult it.
Article 10 separately excludes ideas, methods, procedures, concepts or information as such, official legislative, administrative or judicial texts, and mere data and facts as such, from copyright protection altogether. Together the two articles give Côte d'Ivoire compilation-only protection for a database's selection or arrangement, with no separate sui generis database right of the kind the European Union recognises, and with the underlying content always open to reuse.
Article 138 makes any infringement of the moral or economic rights the Act defines a criminal offense, punishable by one to ten years' imprisonment and a fine of 500,000 to 5,000,000 CFA francs, or either penalty alone.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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