MaltaCopyright Act Article 25, Sui Generis Right in Respect of Databases
Copyright Act (Cap. 415), Art. 25
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Extracting or re-utilizing the whole or a substantial part of a database's contents without the maker's consent risks infringing the sui generis database right, independent of any copyright in the database's contents (Art. 25).
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 repeated retrieval of small parts of a database extract or re-utilize 'a substantial part' evaluated qualitatively or quantitatively under Article 25, when each request takes only an insubstantial part?
- Does the repeated and systematic extraction of insubstantial parts 'conflict with a normal exploitation' of a database under the proviso to Article 26(1), where the maker earns revenue only from user visits to the site?
What record it asks for
Logging duty
Article 25 gives the maker of a database that represents a substantial investment the right to authorise or prohibit extraction or re-utilization of its contents. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
Article 25 of the Copyright Act grants the maker of a database who has made a qualitatively or quantitatively substantial investment in obtaining, verifying, or presenting its contents the right to authorise or prohibit extraction or re-utilization of the whole or a substantial part of its contents, irrespective of whether the database or its contents are eligible for copyright protection.
Article 27 sets the term of this sui generis right at fifteen years from the first of January of the year following the database's completion or, if it was made available to the public before that period expires, from the first of January of the year following its first making available.
When LexLint raises it
When your app profile says your app crawls the web.
Back to the example · Lint your app
Page updated .