IcelandHöfundalög nr. 73/1972, Art. 50, Sui Generis Database Producer Right
Höfundalög nr. 73/1972 (Copyright Act), 50. gr., eins og henni var breytt með lögum nr. 60/2000
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not repeatedly and systematically extract or re-utilise an insubstantial part of a protected Icelandic database if doing so conflicts with its normal exploitation or unreasonably prejudices the producer's legitimate interests, under Höfundalög Article 50.
- Do not reproduce or make available the whole or a substantial part of a protected database without the producer's authorization within the 15-year protection term.
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
If you get it wrong
Criminal exposureYes
Criminal exposure note
An intentional or grossly negligent violation of Article 50, paragraph 1, is punishable by fines or imprisonment of up to two years (54. gr.); a company on whose behalf the offense is committed may itself be fined.
What it makes you log
Logging duty
Article 50 gives the producer of a database an exclusive right to copy or publish it, and bars repeated and systematic extraction or re-utilization of insubstantial parts that conflicts with normal exploitation of the database; the protection lasts 15 years. It imposes no duty to create, keep, produce or review a log or record. The article has no territorial clause of its own.
- Kind
- None
- As of
What this law does
Article 50 gives the maker of a catalogue, table, form, database, or similar work containing a substantial collection of information, or that is the result of a substantial investment, the exclusive right to reproduce or publish the work in whole or in a substantial part.
Repeated and systematic extraction or re-utilisation of an insubstantial part of the database is prohibited where it conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests. The right lasts 15 years from the turn of the year following the database's creation, or, if published within that period, 15 years from the turn of the year following publication.
A person entitled to use a database has a separate statutory right to the actions necessary to access and make normal use of its content, and the right runs alongside, rather than displacing, any copyright the database's contents separately carry. This article implements the EU Database Directive (96/9/EC).
The EEA Joint Committee adopted Decision No. 333/2023 on , incorporating the later Digital Single Market Copyright Directive (2019/790), which would add a text-and-data-mining exception; the decision was published in the Official Journal on , and its entry into force is conditioned on completion of the constitutional-procedure notifications it requires, so the Act carries no such exception today.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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