DenmarkOphavsretsloven Section 71, Sui Generis Database Right
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Do not reproduce or make available to the public the whole, or a substantial part, of a catalogue, table, database or similar compilation resulting from a substantial investment, without the maker's authorization, for 15 years from the year it was made or first made available.
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
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 76(1)(2): a fine for an intentional or grossly negligent infringement of section 71. Section 76(2): the maximum rises to imprisonment of up to 1 year and 6 months where the infringement is committed intentionally and under aggravating circumstances, in particular a commercial-scale infringement, reproduction or distribution of a significant number of copies, or making the work available at a place and time individually chosen by members of the public, unless a higher penalty is warranted under Straffeloven section 299b.
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 copying of insubstantial parts of a database 'strider mod en normal udnyttelse' under Section 71(2)?
- Does the total of the records a crawler copies over time make 'en væsentlig del' of a database under Section 71(1)?
What it makes you log
Logging duty
Section 71 gives the maker of a catalogue, table or database the exclusive right to reproduce and make available the whole or a substantial part of it. Paragraph 5 applies sections 11b and 11c to such works, and the record-related terms of those sections sit in the text and data mining provisions themselves. Section 71 itself requires no log or record to be kept.
- Kind
- None
- As of
What this law does
Whoever produces a catalogue, table, database or similar compilation in which a large number of items of information are assembled, or which results from a substantial investment, has the exclusive right to control the whole work or a substantial part of it, by reproducing it or by making it available to the public.
The right also reaches a repeated and systematic reproduction or making available of insubstantial parts of the compilation's content where that conflicts with normal exploitation of the compilation or unreasonably harms the maker's legitimate interests.
The protection lasts 15 years from the end of the year the work was made, extended to 15 years from the end of the year it was first made available to the public if that made-available date falls within the original term, and a contract term that extends the maker's right under subsection 1 in respect of a published work is void.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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