FinlandTekijanoikeuslaki Section 49, Sui Generis Database and Collection Producer Right
Tekijanoikeuslaki, Finland Copyright Act, 49 sec
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not reproduce or make available to the public the whole, or a qualitatively or quantitatively substantial part, of a list, database, or similarly compiled work made by another with substantial investment, without the maker's authorization, for 15 years from completion or first publication, under Tekijanoikeuslaki 49 sec.
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
- Does a crawler that takes small parts of a database in repeated runs take an 'olennainen osa' (substantial part) 'laadullisesti tai määrällisesti arvioiden' (judged qualitatively or quantitatively) of its contents?
- Does content that an operator collects as a by-product of its main business involve the 'huomattavaa panostusta' (substantial investment) that 49 § 1 momentti 2 kohta requires?
What it makes you log
Logging duty
Section 49 gives the maker of a catalogue, table or database an exclusive right to make copies of it and make it available to the public. It requires no log or record to be kept. Its third paragraph applies other sections of the Act by reference, including section 13 b, whose terms are covered on their own entry.
- Kind
- None
- As of
What this law does
Section 49 gives the maker of a list, table, program, or other work combining a large quantity of information, or a database whose content required substantial investment to gather, verify, or present, the exclusive right to control the whole of its content, or a qualitatively or quantitatively substantial part of it, by reproducing it and making it available to the public.
The right lasts until 15 years have passed from the year the work was completed, or, if the work was made available to the public before that period ended, 15 years from the year it was first made available. A contract term that prevents or restricts a lawful user of a published work from using a qualitatively or quantitatively insubstantial part of its content for any purpose is void.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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