GuineaLoi portant protection de la propriété littéraire et artistique, articles 9 et 22 (bases de données)
Loi L/2019/0028/AN, art. 9 et 22
In force.
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not reproduce all or a substantial part of a database whose selection, coordination or arrangement of contents makes it an intellectual creation without the rightsholder's authorisation; the private-copy exception does not cover it.
- Do not rely on a text-and-data-mining exception or a sui generis database right when copying Guinean databases; the law provides neither, so protection turns on the originality of the selection or arrangement alone.
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
Who enforces it
Settledness
- As of
- Open questions
- What amount of a database is "une partie importante de bases de données" (a substantial part of databases) in Article 22, beyond which copying falls outside the private-copy exception, and does a systematic extraction of many small parts count?
- Because Article 9 protects collections of "simples faits ou données" (bare facts or data) only where "par le choix, la coordination ou la disposition des matières" (by the selection, coordination or arrangement of the material) they are intellectual creations, is a scraper free to extract a database's facts without copying its arrangement?
What it makes you log
Logging duty
Article 9 extends protection to collections of works or of mere facts or data, such as encyclopaedias, anthologies and databases, whose selection, coordination or arrangement is an intellectual creation. Article 22 permits private copies for the copyist's own use and excludes the reproduction of all or an important part of a database. Neither article requires a log or record to be made, kept or produced, and neither states a territorial clause. The law has no text-and-data-mining exception.
- Kind
- None
- As of
What this law does
Article 9 extends copyright to collections of works, of expressions of traditional cultural heritage, or of mere facts or data, such as encyclopaedias, anthologies and databases, whether in machine-readable or any other form, which by the selection, coordination or arrangement of their contents constitute intellectual creations. Article 22 keeps the reproduction of all or a substantial part of a database outside the private-copy exception.
The law provides no sui generis database right and no text-and-data-mining exception, so a database with no original selection, coordination or arrangement is not protected on that basis. The law enters into force from the date of its promulgation. The National Assembly adopted it on . No notice stating the day of its promulgation has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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