Schutz des Datenbankherstellers (Sui Generis Database Right)
Urheberrechtsgesetz (UrhG), §§ 87a, 87b, 87c, 87d, 87e
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not reproduce, distribute, or publicly communicate a database, or a substantial part of it, without the database maker's authorisation.
- Do not repeatedly and systematically extract insubstantial parts of a database in a way that conflicts with its normal exploitation or unreasonably prejudices the maker's legitimate interests.
- A contract term forbidding a lawful user from reproducing or communicating an insubstantial part of a database is unenforceable where that act does not conflict with the database's normal exploitation or unreasonably prejudice the maker's interests.
These lines are LexLint's reading of the law's text. Also read by: Case C-762/19 'CV-Online Latvia' SIA v 'Melons' SIA, judgment of (Fifth Chamber) (recorded ).
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
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62019CJ0762
- Case citation
- Case C-762/19 'CV-Online Latvia' SIA v 'Melons' SIA, judgment of (Fifth Chamber)
- Open questions
- When does repeated and systematic extraction of insubstantial parts of a database 'einer normalen Auswertung der Datenbank zuwiderlaufen' under Section 87b(1)?
- Does Section 87b(3), which disapplies paragraph 1 'in den in Artikel 43 der Verordnung (EU) 2023/2854 genannten Fällen', reach a database that mixes data from a connected product with other data?
What it makes you log
Logging duty
Section 87b gives the maker of a database the exclusive right to reproduce, distribute and communicate the database or a substantial part of it, and treats repeated and systematic use of insubstantial parts that conflicts with normal exploitation the same way. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
A database is a collection of works, data or other independent elements arranged systematically or methodically and individually accessible, whose obtaining, verification or presentation required a substantial investment by type or extent; the database maker is whoever made that investment.
The maker holds the exclusive right to reproduce, distribute and publicly communicate the database as a whole or a substantial part of it by type or extent, and repeated, systematic reproduction, distribution or communication of insubstantial parts is treated the same way where it conflicts with the database's normal exploitation or unreasonably prejudices the maker's legitimate interests.
The right does not reach reproduction of a substantial part for private use of a database whose elements are not individually electronically accessible, for scientific research, for illustrating teaching, for text and data mining under section 44b, for text and data mining for scientific research under section 60d, or for preservation, and separately permits use in court, arbitral or administrative proceedings and for public-security purposes.
The right lasts fifteen years from the database's publication, or from its making if it was not published within that period.
A contractual term obliging an owner of a lawfully marketed copy of the database, or another person lawfully entitled to use it, to refrain from reproducing, distributing or communicating an insubstantial part of the database is void to the extent that doing so conflicts neither with the database's normal exploitation nor unreasonably prejudices the maker's legitimate interests.
How courts have read itPremium data
Our analysis of this law draws on 1 court ruling.
What each ruling held, what it means for an app, and whether it still stands are premium data, in the Plus, Pro and Enterprise plans.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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