Autorský zákon, Special Right to a Database (Sections 135 to 139)
Act 185/2015 Coll. (Autorský zákon), ss. 135-139
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Access restriction
As of .
What it requires
- Applies to anyone who extracts or reutilizes the contents of a database that shows a qualitatively or quantitatively substantial investment in obtaining, verifying or presenting its contents.
- Do not extract or reutilize the whole contents of such a database, or a qualitatively or quantitatively substantial part of it, without the maker's consent (Section 135(1)).
- Do not repeatedly and systematically extract or reutilize insubstantial parts of the contents where this conflicts with the normal use of the database and unreasonably interferes with the maker's legally protected interests (Section 135(5)).
- You may extract or reutilize a qualitatively and quantitatively insubstantial part of the contents of a database for any purpose, but not against its normal use (Section 138(1) and (3)).
What this law does
A database that shows a qualitatively or quantitatively substantial investment in obtaining, verifying or presenting its contents gives its maker the exclusive right to use the database and to consent to extraction or reutilization of its whole contents or of a qualitatively or quantitatively substantial part. The maker is the person who initiated and secured the making of the database.
Extraction is the permanent or temporary making of a copy of the database by transferring its whole contents or a substantial part to another medium by any means in any form. Reutilization is any way of making the whole contents of the database or a substantial part available to the public, including distributing copies by transfer of ownership and by rental.
Repeated and systematic extraction or reutilization of insubstantial parts of the contents is prohibited if it conflicts with the normal use of the database and unreasonably interferes with the maker's legally protected interests. A user may extract or reutilize a qualitatively and quantitatively insubstantial part of the contents for any purpose without the maker's consent.
A user of a publicly accessible database must not use it against the normal use of the database or unreasonably interfere with the maker's legally protected interests. Extraction or reutilization by use under Sections 49a, 51b and 51c is among the listed exceptions to the special right. The right lasts 15 years from the making of the database or from the day public access to it was allowed, whichever came later. The right ends on the last day of the calendar year in which the 15 years expire. The Act entered into force on .
When LexLint raises it
When your app profile says your app crawls the web or trains models.