SpainTRLPI Articles 133 to 137, Sui Generis Database Right
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or reuse the whole, or a substantial part evaluated qualitatively or quantitatively, of a database that reflects a substantial investment by its maker, absent authorization or a statutory exception, per TRLPI Article 133.
These lines are LexLint's reading of the law's text. Also read by: Case C-304/07 Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg, judgment of (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:62007CJ0304
- Case citation
- Case C-304/07 Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg, judgment of
- Open questions
- Does a recurring crawl that takes a small part of a site's contents on each visit amount to 'extracción y/o reutilización repetidas o sistemáticas de partes no sustanciales' and, if so, to 'actos contrarios a una explotación normal de dicha base' under Article 133.2 TRLPI?
- Does a website's content form a 'base de datos' protected by the sui generis right under Article 133.1 TRLPI when its maker created the data itself, given that the right protects the investment in 'obtención, verificación o presentación' of the contents?
What it makes you log
Logging duty
Articles 133 to 137 give the maker of a database the sui generis right to prohibit extraction and re-utilization of the whole or a substantial part of its content, bar repeated or systematic extraction of insubstantial parts, and set the lawful user's rights, exceptions and the term of protection. They require no log or record to be kept.
- Kind
- None
- As of
What this law does
A database maker who shows a substantial investment, evaluated qualitatively or quantitatively, in obtaining, verifying, or presenting its content may prohibit the extraction or reuse of the whole or a substantial part of that content, per Article 133.1. The right runs for 15 years counted from 1 January after completion of the database, or after it was first made available to the public if that happens before the term expires, per Article 136.
A legitimate user may extract or reuse a substantial part without authorization for private, non-electronic use, or for illustrative teaching or scientific-research purposes within the limits justified by the non-commercial aim and citing the source, per Article 135.1.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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