HaitiDécret du 12 octobre 2005 sur le Droit d'Auteur, protection des recueils et bases de données
Décret du 12 octobre 2005, Droit d'Auteur, recueils
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- A compilation, such as a database, is protected only where the choice, coordination, or arrangement of its contents is an original intellectual creation; bare facts or data taken from it are not themselves protected.
- No text-and-data-mining exception exists under this Decree; a general reproduction right applies absent one of the Decree's narrow exceptions.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
The Decree protects compilations of works, folklore expressions, facts or data, including databases, where the choice, coordination or arrangement of the contents is an intellectual creation. It imposes no duty to create, keep, produce or review a log or record, and states no territorial clause in the cited provision.
- Kind
- None
- As of
What this law does
The Decree recognizes a compilation of works, folklore expressions, or mere facts or data, such as an encyclopedia, anthology, or database, whether reproduced on a machine-exploitable medium or in any other form, as a protected work where the choice, coordination, or arrangement of its contents constitutes an intellectual creation.
This is an ordinary copyright-style originality test applied to compilations rather than a sui generis database right protecting investment in extraction or verification; the Decree confers no separate database right. Bare facts or data collected into a scraped dataset are not protected on their own, and an unoriginal, purely mechanical arrangement of scraped data would fall outside this provision as well.
The same Decree excludes the news of the day and mere facts, ideas, or data from copyright protection outright, and carries no text-and-data-mining exception; its only reproduction exceptions are for a judicial or administrative proceeding, and, limited to neighbouring rights, for scientific research, teaching, or short-fragment citation of a performance, phonogram, or broadcast.
When LexLint raises it
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