ParaguayLey N° 1328/1998, art. 4, numeral 14, bases de datos como compilación
Ley N° 1328/1998, de Derecho de Autor y Derechos Conexos, art. 4, numeral 14
In force since .
A database right rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- No
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Paraguay has no sui generis database right; a database is protected only as a compilation, and only where its selection, coordination or arrangement is original.
- Do not rely on the personal-copying exception to justify copying a database or a compilation of data; that exception does not reach either.
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
Article 4, numeral 14 lists original collections, including databases, among the protected works. It states what is protected and imposes no duty to create, keep or produce a log or record, and it names no territorial reach.
- Kind
- None
- As of
What this law does
Article 4, numeral 14 lists collections of works, such as encyclopedias and anthologies, and of other elements, such as a database, among the works copyright protects, but only where the collection is original by reason of the selection, coordination or arrangement of its contents; the enumeration is stated to be illustrative rather than exhaustive.
Paraguay confers no separate sui generis database right of the kind some other jurisdictions register: a database that is merely an unoriginal aggregation of data is not protected at all, and one that is original is protected as a compilation under ordinary copyright, not under a distinct right. Article 44's exception for personal copying does not extend to a database or compilation of data, so even a use that would otherwise be personal copying does not reach a protected database.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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