Copyright Act, Sui Generis Database Right
In force since .
A database right rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Content origin
- Audit expectation
- none
What it requires
- Do not extract or reuse all or a substantial part of a database's contents without the producer's authorisation where the database resulted from a substantial investment in collecting, checking or presenting its contents.
- Do not repeatedly or systematically extract or reuse immaterial parts of such a database in a way that harms its normal use 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
Section 24 grants the database producer an exclusive right and names no log, record or register. The provisions it applies correspondingly (sections 43 to 58, among others) are other sections of the Act.
- Kind
- None
- As of
What this law does
Section 24 gives the producer of a database, such as a form, catalogue, table, program or similar work resulting from a substantial investment in collecting, checking or presenting its contents, an exclusive right to control extraction from or reuse of all or a substantial part of the database's contents, and this right applies correspondingly to repeated or systematic extraction or reuse of immaterial parts of the database that is harmful to its normal use or that unreasonably sets aside the producer's legitimate interests.
The right subsists for 15 years after expiry of the year the database was produced, or, if the database is published within that period, for 15 years after expiry of the year of first publication. The Act's own list of the EU/EEA directives it implements includes Directive 96/9/EC on the legal protection of databases, but does not include a text-and-data-mining exception.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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