RussiaCivil Code Part IV, Database Maker's Exclusive Right
Civil Code of the Russian Federation, Part IV, Arts. 1334-1336
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Do not extract materials from a database that required substantial financial, material, or organizational outlay to create, or reuse those materials, without the rightholder's permission, where the database is Russian-made or otherwise covered by Civil Code Article 1336; a database of at least 10,000 independent elements is presumed to meet the substantial-outlay threshold, and extraction covers transferring its whole content or a substantial part onto another medium by any technical means, which reaches automated bulk scraping.
- Expect the database maker's exclusive right to last 15 years from the database's completion or publication, and to renew on every update, under Civil Code Article 1335.
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 1334 gives the database maker the exclusive right to extract materials from the database and use them, independent of other rights, and lets the rightholder register the database at its own wish (paragraph 3, 'по своему желанию', in English 'at its own wish'). It states a right and imposes no duty to create, keep or produce a log or record. The page cited by this row carries article 1334 only; articles 1335 and 1336 on the term of the right and on lawful use are not part of what the page shows. The article names no territorial reach.
- Kind
- None
- As of
What this law does
Article 1334 grants the maker of a database that required substantial financial, material, organizational, or other outlay to create an exclusive sui generis right to extract materials from the database and reuse them in any form, and bars anyone from extracting materials and reusing them without the rightholder's permission except as the Code provides; a database is presumed to have required substantial outlay if it contains at least 10,000 independent information elements.
Article 1335 sets the term at 15 years from completion (or publication) of the database, renewed on every update. Article 1336 extends the right to a Russian citizen or legal entity, a foreign rightholder whose home state reciprocally protects a Russian maker's database, or as an international treaty otherwise provides.
"Extraction" is defined as transferring the whole content of a database, or a substantial part of its constituent materials, onto another information medium by any technical means and in any form, which reaches automated bulk copying of a database's contents.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
Back to the example · Lint your app
Page updated .