LuxembourgLoi du 18 avril 2001 sur les droits d'auteur, Sui Generis Database Right (Art. 67)
Loi du 18 avril 2001 sur les droits d'auteur, les droits voisins et les bases de donnees, art. 67
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or reuse the whole, or a substantial part evaluated qualitatively or quantitatively, of the contents of a database protected under this article without the producer's authorization.
- Do not repeatedly and systematically extract or reuse insubstantial parts of a database's contents where doing so conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests.
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 crawler's periodic extraction of small parts of a database amount to extraction 'répétées et systématiques' (repeated and systematic) of 'parties non substantielles' (insubstantial parts) under article 67?
- What counts as 'l'exploitation normale' (normal exploitation) of a database that an aggregator reproduces only in part, under article 67?
What it makes you log
Logging duty
Article 67 lets the producer of a database prohibit extraction or re-utilization of the whole or a substantial part of its contents, and bars repeated and systematic extraction of insubstantial parts that conflicts with normal exploitation. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
A database producer may forbid extraction or reuse of the whole, or a qualitatively or quantitatively substantial part, of the database's contents, and may also forbid the repeated and systematic extraction or reuse of insubstantial parts where that conflicts with normal exploitation of the database or unreasonably prejudices the producer's legitimate interests.
Extraction is defined as the permanent or temporary transfer of all or a substantial part of the contents to another medium by any means, and reuse as any form of making the contents available to the public, excluding public lending in both cases. The right is part of the original Loi du 18 avril 2001, which transposed the EU Database Directive.
The Loi du 1er avril 2022, which transposed the Digital Single Market Directive, added to article 68 new paragraphs 2 to 4, the first of which applies the exceptions of article 10, points 15 and 16, among others, to the rights of a database producer.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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