ItalyLegge sul Diritto d'Autore Artt. 102-bis and 102-ter, Sui Generis Database Right
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Governance
- Audit expectation
- none
What it requires
- Do not extract or re-utilize the whole or a substantial part of a database's content without the database maker's authorization, for the fifteen years (renewable on a substantial new investment) following the database's completion or first making-available.
- As a legitimate user of a publicly available database, you may extract or re-utilize insubstantial parts of its content for any purpose, but not repeatedly and systematically in a way that conflicts with the database's normal exploitation or unjustifiably prejudices its maker.
- A contract clause purporting to override these database-right rules is void.
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 transient copy that a crawler holds in memory while it parses a page count as a 'trasferimento ... temporaneo' (temporary transfer) of the contents of a database, and so as 'estrazione' under Article 102-bis?
- Does a crawler that collects many small parts of a database over repeated runs take 'una parte sostanziale' (a substantial part) of its contents for 'estrazione' or 'reimpiego'?
What it makes you log
Logging duty
Articles 102-bis and 102-ter give the maker of a database the right to prohibit extraction and re-utilization and set the lawful-user rules. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
A database's maker ("costitutore"), meaning whoever makes a substantial investment, in money, time or work, to constitute, verify or present a database, holds the right, independent of any copyright protection the database may separately enjoy, to prohibit extraction or re-utilisation of the whole or a substantial part of its content (art. 102-bis, commi 1(a), 3).
"Extraction" is the permanent or temporary transfer of the whole or a substantial part of the database's content onto another medium; "re-utilisation" is any form of making that content available to the public (comma 1(b)-(c)).
The right arises when the database is completed and expires fifteen years after 1 January of the year following completion, or, for a database made available to the public before that period expires, fifteen years after 1 January of the year following first making-available; a substantial new investment in the database's content restarts an equally long protection term (commi 6-8).
Repeated and systematic extraction or re-utilisation of insubstantial parts of the database's content is not permitted where it presupposes operations contrary to the database's normal management or unjustifiably prejudices its maker (comma 9).
A legitimate user of a database made available to the public may not prejudice the rightholder, may not act contrary to the database's normal management or unjustifiably prejudice its maker, and may otherwise extract or re-use insubstantial parts, assessed qualitatively and quantitatively, of the database's content for any purpose without the maker's authorisation (art. 102-ter, commi 1-3). A contractual clause violating any of those rules is void (comma 4). Both articles have been in force since .
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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