PortugalSui Generis Database Right, Decreto-Lei n.º 122/2000
In force.
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or re-use, for direct or indirect commercial purposes, a substantial part of a database protected by Portugal's sui generis database right or database copyright without the maker's or author's authorization.
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
If you get it wrong
Criminal exposureYes
Criminal exposure note
Reproducing, disclosing, communicating, or making a protected database available to the public for direct or indirect commercial purposes without authorization is punished with imprisonment up to three years or a fine (art. 11.º, as amended by Decreto-Lei n.º 47/2023, art. 4.º).
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
- When does a crawler's repeated retrieval of small parts of a database extract or reuse 'uma parte substancial, avaliada qualitativa ou quantitativamente' under Article 12.º(1)?
- Does the cost of generating data as a by-product of the maker's main business count as 'um investimento substancial' in the 'obtenção, verificação ou apresentação' of the content under Article 12.º(1)?
What it makes you log
Logging duty
Articles 4, 11 and 12 protect a creative database by copyright, make unauthorized commercial reproduction or disclosure of it an offence, and give the maker of a database a special right to authorize or prohibit extraction and re-utilization. They require no log or record to be kept.
- Kind
- None
- As of
What this law does
A database whose selection or arrangement of contents is an intellectual creation is protected by copyright under Article 4.º(1) of Decreto-Lei n.º 122/2000, Portugal's transposition of the EU Database Directive (96/9/EC).
A separate sui generis right in Article 12.º gives the database's maker the right to authorize or prohibit extraction or re-utilization of the whole or a substantial part of its contents where obtaining, verifying, or presenting that content represented a substantial investment.
Reproducing, disclosing, communicating, or making available to the public, for direct or indirect commercial purposes, a database protected under Article 4.º(1) or Article 12.º without authorization is a criminal offense under Article 11.º, carrying imprisonment up to three years or a fine.
Decreto-Lei n.º 47/2023 widened that offense in 2023 to also cover the sui generis right and to add making available to the public as a covered act, where the original 2000 text reached only a creative, copyright-protected database.
Since Decreto-Lei n.º 47/2023, Article 15.º(f) also exempts from the sui generis right the reproduction and extraction of legally accessible works and other material for text and data mining, unless the rights holders have expressly reserved that use in an adequate way, in particular by optical reading for content made available to the public online.
The decree does not state a general commencement day for the diploma; its Article 21.º backdates copyright protection under the diploma to but expressly excludes Article 11.º from that backdating. Article 11.º was later replaced by Decreto-Lei n.º 47/2023. A decree that fixes no day enters into force on the fifth day after its publication, under Article 2.º(2) of Lei n.º 74/98. That period counts from the day after publication.
Decreto-Lei n.º 122/2000 was published on , so Articles 4.º and 12.º, and Article 11.º in its original wording, applied from . Decreto-Lei n.º 47/2023 enters into force 15 days after its publication. It was published on , so its wording of Article 11.º and its Article 15.º(f) apply from .
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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