SwedenUpphovsrättslagen 49 §, Sui Generis Database Right (Katalogskydd)
Upphovsrättslag (1960:729) 49 §
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or make copies of a substantial part of a database compiled by, or resulting from a substantial investment of, a person or business connected to Sweden without authorization, for fifteen years from the database's completion.
These lines are LexLint's reading of the law's text. Also read by: Högsta domstolen, dom den 28 december 2005 i mål T 2106-01 (Fixtures Marketing Limited mot AB Svenska Spel) (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
Who enforces it
Settledness
- As of
- Case link
- https://www.domstol.se/globalassets/filer/domstol/hogstadomstolen/avgoranden/2005/t-2106-01.pdf
- Case citation
- Högsta domstolen, dom den 28 december 2005 i mål T 2106-01 (Fixtures Marketing Limited mot AB Svenska Spel)
- Open questions
- Does a compilation of 'ett stort antal uppgifter' that is not the result of 'en väsentlig investering' get protection under 49 §, a point the Supreme Court left open in its 2005 judgment on whether the provision may protect more than Directive 96/9/EC requires?
- At what point does a crawler's repeated collection of insubstantial parts of a database have the 'kumulativ verkan' that makes it a making available to the public of a substantial part under 49 §?
What it makes you log
Logging duty
Section 49 gives the producer of a catalogue, table or similar work the exclusive right to copy it and make it available to the public for fifteen years. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
The maker of a catalogue, table, or other similar work in which a large number of items has been compiled, or which is the result of a substantial investment, has the exclusive right to make copies of the work and make it available to the public, running for fifteen years from a date set elsewhere in the section. The right took effect on under Lag (1997:790), whose own transitional provisions name section 49 specifically.
The section's current wording was last amended by Lag (2022:1712), in force from . The provision applies to a work whose maker is a Swedish citizen or has habitual residence in Sweden, and also to a work whose maker is a Swedish legal person with its registered office, head office, or principal place of business in Sweden. This is the sui generis database right that Directive 96/9/EC requires Member States to provide for the maker of a database showing a substantial investment. Where such a work or a part of it is also protected by copyright, the copyright may be asserted as well.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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