LiechtensteinUrheberrechtsgesetz, Sui Generis Database Right
URG, LGBl. 1999 Nr. 160, Arts. 45-49 and 64
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or re-utilize the whole, or a qualitatively or quantitatively substantial part, of the contents of a database whose producer made a substantial investment in obtaining, verifying, or presenting those contents, without the producer's authorization.
- Do not repeatedly and systematically extract or re-utilize insubstantial parts of such a database's contents in a manner that conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests.
- A narrow exception exists for a lawful user's non-substantial extraction for private use of a non-electronic database, or for teaching or non-commercial scientific research with the source cited.
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
Article 64: up to one year's imprisonment or a fine of up to 360 daily rates for extracting or re-utilizing the whole or a substantial part of a database's contents, or for repeated and systematic extraction or re-utilization of insubstantial parts in a manner conflicting with normal exploitation, on the aggrieved party's complaint; up to three years where committed on a commercial basis, prosecuted by the public prosecutor.
What it makes you log
Logging duty
Articles 45 to 49 and 64 give the database producer a sui generis right, its beneficiaries (EEA nationals and EEA-resident or EEA-established producers, Article 46), the lawful user's rights and exceptions, a 15-year term, and an offence for infringement. It imposes no duty to create, keep, produce or review a log or record. Article 46 defines who may claim the right and is not a territorial hook on the person extracting, so the hook is left empty.
- Kind
- None
- As of
What this law does
The producer of a database that required a qualitatively or quantitatively substantial investment in obtaining, verifying, or presenting its contents has the right to prohibit the extraction or re-utilization of the whole, or a substantial part, of that database's contents (Art. 45), independent of any copyright in the database or its contents.
The right runs for 15 years from completion of the database (Art. 49), and belongs to a producer who is a national of, or habitually resident in, an EEA member state, or a company with a genuine link to one (Art. 46), reflecting the sui generis right's EEA-wide incorporation of EU Directive 96/9/EC.
A lawful user of a publicly available database may extract or re-utilize a non-substantial part without authorization for private use of a non-electronic database, for teaching or scientific research with attribution, or for public security or administrative or judicial proceedings (Art. 48).
Unauthorized extraction or re-utilization is a criminal offense on the aggrieved party's complaint, with up to one year's imprisonment or a fine of up to 360 daily rates, rising to up to three years for a commercial infringement (Art. 64). The Urheberrechtsgesetz was passed by the Landtag on and published as LGBl.
1999 Nr. 160 on ; its own Art. 79 provides that it enters into force on the day of its Kundmachung (publication), so is the day the sui generis right and Art. 64's offense took effect, not the passage date.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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