CameroonLoi n°2000/011 du 19 décembre 2000 relative au droit d'auteur et aux droits voisins, article 4(2)(b) (protection des bases de données)
Loi n°2000/011 du 19 décembre 2000, art. 4(2)(b)
In force.
A database right rule binding private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Treat a database compiled through an original selection, coordination, or arrangement of its contents as a protected composite work: do not exploit the whole or a substantial part of it by reproduction, representation, transformation, or distribution without the rights holder's authorization, even though the underlying facts and data are not themselves protected.
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
Article 82(1) punishes the infringements defined at articles 80 and 81, including unauthorized exploitation of a protected work by representation, reproduction, transformation, or distribution, with five to ten years' imprisonment and a fine of 500,000 to 10,000,000 FCFA, or either penalty alone; article 82(2) doubles those penalties where the infringer is the rightsholder's own co-contracting party.
Penalty structure
Article 82(1) caps an infringement offence at a fine of 500,000 to 10,000,000 FCFA (XAF), alongside five to ten years' imprisonment, or either penalty alone; article 82(2) doubles the penalty where the infringer is the rightsholder's own co-contracting party; the doubled figure was not located in the available text.
- Rule
- Fixed only
- As of
- Currency
- XAF
- Fixed cap
- 10,000,000
Who enforces it
Settledness
- As of
- Open questions
- When does 'le choix ou la disposition des matières' make a compilation of data an original work under article 4(2)(b), so that extracting its contents is an infringement?
What it makes you log
Logging duty
Article 4(2)(b) lists original compilations of data, in machine-readable form or any other, among the protected works. It is a scope provision of the copyright law and imposes no duty on anyone to create, keep, produce or review a log or record. The provision carries no territorial clause of its own, so the hook is empty.
- Kind
- None
- As of
What this law does
Loi n°2000/011 du 19 décembre 2000 relative au droit d'auteur et aux droits voisins defines a "base de données" (article 2, definitions no. 12) as a collection of works, data, or other elements systematized so as to be searchable and processed by computer, and protects, as an original composite work without prejudice to any copyright in the pre-existing work (article 4(2)(b)), collections of works, including collections of folklore expressions or of simple facts or data, such as encyclopedias, anthologies, and data compilations, whether reproduced on a machine-exploitable medium or in any other form, where the selection or arrangement of the material constitutes an original work; there is no separate sui generis database right.
The underlying facts and data within a database remain unprotected; only an original selection or arrangement is a protected work.
Infringement (contrefaçon), defined at article 80 to include any exploitation of a literary or artistic work in violation of the law by representation, reproduction, transformation, or distribution by any means, is punished under article 82 by five to ten years' imprisonment and a fine of 500,000 to 10,000,000 FCFA, or either penalty alone, doubled where the offender is the rightsholder's own co-contracting party. Loi n° 2000/011 is dated .
Its last article, article 97, orders that the law be registered and published by the urgent procedure and then inserted in the Journal officiel. The law's final articles state no day of its own for its entry into force. Under article 4 of Ordonnance n° 72-11 du 26 août 1972, a law published by the urgent procedure is brought to the population's knowledge by all means, notably radio, and is executory immediately.
No record of the day on which the law was communicated under that procedure, and no issue of the Journal officiel carrying it, has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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