IrelandCopyright and Related Rights Act 2000, Database Right
Copyright and Related Rights Act 2000 (No. 28 of 2000), Part V, ss. 320, 321, 325
In force since .
A database right rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not extract or re-utilise all or a substantial part of the contents of a database in which a substantial investment (financial, human or technical) has been made in obtaining, verifying or presenting its contents, without the database right owner's authorisation (s. 321(1)-(2)).
- A substantial change to a database's contents amounting to a substantial new investment gives the resulting database its own fresh 15-year term (s. 325(3)).
These lines are LexLint's reading of the law's text. Also read by: Case C-202/12 Innoweb BV v Wegener ICT Media BV and Wegener Mediaventions BV, 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
Enforcement body
The owner of the database right, by civil action (sections 127 and 338).
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62012CJ0202
- Case citation
- Case C-202/12 Innoweb BV v Wegener ICT Media BV and Wegener Mediaventions BV, judgment of (Fifth Chamber)
- Open questions
- Does a transient copy that a crawler holds in memory while it parses a page count as a 'temporary transfer' of the contents of a database to another medium within the definition of extraction in section 320?
- Is a person who reads a database that is freely available online, without a licence, a 'lawful user' under section 327(1), so that section 327(2) voids a term against extracting insubstantial parts?
What it makes you log
Logging duty
Sections 320, 321 and 325 define the database right, say when it subsists and fix its term. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Part V of the Copyright and Related Rights Act 2000 confers a property right, the database right, on a database in which there has been a substantial investment in obtaining, verifying or presenting its contents, whether or not the database or any of its contents is itself a copyright work. 'Extraction' means the permanent or temporary transfer of all or a substantial part of the database's contents to another medium.
'Re-utilisation' means making those contents available to the public by any means, and 'substantial' is judged by quantity or quality or a combination of both. The right expires 15 years from the end of the calendar year the database was completed, or from the end of the calendar year it was first lawfully re-utilised if that comes later, and a substantial change to the database's contents amounting to a substantial new investment qualifies the resulting database for its own fresh term. The right exists independently of any copyright in the database's underlying contents.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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