North MacedoniaLaw on Copyright and Related Rights, Rights of the Database Maker
Law on Copyright and Related Rights, OG No. 115/2010, arts. 118-120
In force.
A database right rule binding public and private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Do not extract or re-utilize the whole or a substantial part, evaluated qualitatively or quantitatively, of the contents of a database without the database maker's permission.
- Do not repeatedly and systematically extract or re-utilize insubstantial parts of a database's contents in a manner contrary to its normal exploitation, or in a way that unreasonably prejudices the database maker's legitimate interests.
- A lawful user of a database may access and make normal use of its contents without needing separate permission or paying remuneration for that access.
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 118 to 120 define the database maker, give the exclusive right to authorize or prohibit extraction and re-utilization of the whole or a substantial part, and extend protection to repeated and systematic use of insubstantial parts that conflicts with normal exploitation. They require no log or record and carry no territorial clause, so the hook is left empty.
- Kind
- None
- As of
What this law does
Article 118 defines a database maker as a legal or natural person who has undertaken the initiative and responsibility for investing in the creation of a database, where that person shows a qualitatively and/or quantitatively substantial investment in obtaining, verifying or presenting its content. Article 119 gives the database maker the exclusive right to permit or prohibit extraction and/or re-utilization of the whole or a substantial part of the database.
Article 120 extends protection to insubstantial parts of a database's content where they are extracted or re-utilized repeatedly and systematically in a manner contrary to normal exploitation or that unreasonably prejudices the maker's legitimate interests, and excludes a computer program used to make or operate a database accessible by electronic means.
Article 52(2) exempts a lawful user's extraction or re-utilization of a database's contents from remuneration where necessary for access to and normal use of those contents. The Law was published in Official Gazette of the Republic of Macedonia No. 115 of . Its Article 201 provides that it enters into force on the eighth day from the day of its publication, and no notice stating the resulting day has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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