MoldovaCopyright and Neighbouring Rights Law, Sui Generis Database Right
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Before extracting or re-utilizing the whole, or a substantial part, of a database a Moldovan producer made a substantial investment in compiling, obtain the producer's authorization, unless a research, private-use, security, or judicial-proceeding exception applies.
- Do not repeatedly and systematically extract or re-utilize insubstantial parts of such a database in a way that conflicts with its normal exploitation or unreasonably prejudices the producer's legitimate interests.
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
What it makes you log
Logging duty
Articles 48 to 53 give the author and the producer of a database rights to prohibit extraction and re-utilization, with lawful-user rights, exceptions, a 15-year term and a beneficiary clause for foreign persons. Article 48(5) lets rightholders apply security and integrity measures to the networks and databases hosting the works, which is a permission and not a duty to log. Nothing in these articles requires a log or record. Article 53 says who may obtain the right and is not a test of where the extraction occurs, so the hook is left empty.
- Kind
- None
- As of
What this law does
Article 50(1) entitles the producer of a database who proves a qualitatively or quantitatively substantial investment in obtaining, verifying, or presenting its contents to prohibit the extraction or re-utilization of the whole, or a qualitatively or quantitatively substantial part, of that database; article 50(4) also bars the repeated and systematic extraction or re-utilization of insubstantial parts where this conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests.
The right is transferable, applies regardless of whether the database or its contents separately qualify for copyright protection, and runs for fifteen years from completion, restarting on a substantial new investment in the database's contents.
Article 51 exempts a lawful user's extraction of a substantial part for private, non-electronic-database purposes, for study or research with the source indicated, for public security, or for administrative or judicial proceedings, and a database producer may not prevent a lawful user from extracting insubstantial parts for any purpose.
A person compiling scraped data from Moldovan sources into a database, and a person extracting a substantial part of an existing Moldovan database to train or populate a model, both fall within article 50's restricted acts.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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