SerbiaLaw on Copyright and Related Rights, Right of the Database Producer
Zakon o autorskom i srodnim pravima Arts. 137-140v (Right of the Database Producer), Official Gazette RS No. 104/2009, 99/2011, 119/2012, 29/2016 and 66/2019
In force.
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or re-utilise the whole or a substantial part, in quantitative or qualitative terms, of a database's contents without the database producer's authorisation.
- Do not systematically extract or re-utilise insubstantial parts of a database's contents where doing so conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests.
- A lawful user of a database made available to the public may extract or re-utilise insubstantial parts for any purpose without the producer's authorisation.
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
If you get it wrong
Criminal exposureNo
Private right of actionNo
Penalty structure
Article 215 sets a fine of 100,000 to 3,000,000 dinars for a business entity or other legal person that, among other listed works, without authorisation publishes, records, reproduces, or publicly communicates a database in whole or in part, or trades in or holds unauthorised copies for commercial purposes, classified as an economic offence (privredni prestup) rather than a Criminal Code offence. Article 216 sets a separate fine of 50,000 to 500,000 dinars for an entrepreneur committing the same conduct as a misdemeanor.
- Rule
- Fixed only
- As of
- Minimum
- 100,000
- Currency
- RSD
- Fixed cap
- 3,000,000
What it makes you log
Logging duty
Articles 137 to 140v define the database producer, give the producer the right to prohibit extraction and re-utilization of the whole or a substantial part of a database, provide for exhaustion on first sale in Serbia, allow assignment and licensing, and set the rights, duties and exceptions of a lawful user. They state a right and its limits and impose no duty to create, keep or produce a log or record. The exhaustion clause (Član 139) refers to a first sale on the territory of Serbia as a limit on the producer's right, which is not a territorial hook for the Law.
- Kind
- None
- As of
What this law does
Article 137 defines a database producer as the person who has made a substantial investment, quantitative or qualitative, in obtaining, verifying, or presenting a database's contents.
Article 138 gives that producer the right to prohibit extraction or re-utilisation of the whole or a substantial part, quantitatively or qualitatively, of the database's contents, and the last paragraph of Article 138 additionally prohibits systematic extraction or re-utilisation of insubstantial parts where that conflicts with normal exploitation of the database or unreasonably prejudices the producer's legitimate interests.
Article 140b lets a lawful user of a database made available to the public extract or re-utilise insubstantial parts for any purpose, and Article 140v allows a lawful user to extract substantial parts without the producer's authorisation only for personal non-commercial use, non-commercial teaching, or judicial or public-security proceedings, each under the conditions the Act sets for the equivalent copyright exception.
Unauthorised reproduction, publication, or public communication of a database, in whole or in part, is also a punishable economic offence (privredni prestup) for a business entity or other legal person, distinct from a criminal offence under the Criminal Code.
Articles 137 to 140v took their present form from the Law on Amendments and Supplements to the Law on Copyright and Related Rights, Official Gazette RS No. 66/2019, which commences the eighth day after publication in the Official Gazette; no notice stating the resulting day has been located.
When LexLint raises it
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