Copyright Act 1997, Protection of Collections and Databases
Copyright Act, 1997 (Chap. 82:80), s. 6(1)(b) (Collections and Databases)
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not reproduce the whole or a substantial part of a collection of works or of data that is original by its selection, coordination, or arrangement, without the copyright owner's authorization.
- No text-and-data-mining exception exists; a bulk copy of a protected collection for training a model needs its own defence, such as the quotation or teaching exceptions, or the copyright owner's permission.
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
Section 6(1)(b) protects collections of works and collections of mere data (databases) that are original by reason of the selection, co-ordination or arrangement of their contents. It imposes no duty to create, keep, produce or review a log or record, names no audit and has no territorial clause of its own.
- Kind
- None
- As of
What this law does
Section 6(1)(b) protects, as a derivative work, a collection of works and a collection of mere data (a database), in machine-readable or other form, provided the collection is original by reason of the selection, coordination, or arrangement of its contents.
This is ordinary compilation copyright rather than a sui generis database right of the kind the European Union grants, so a database that is not original in its selection or arrangement receives no protection under this section regardless of the effort spent assembling it, and copying an unoriginal collection of data is not an infringement under this provision.
The Act predates the text-and-data-mining exception found in some newer copyright statutes, so no machine-readable opt-out mechanism or text and data mining (TDM)-specific exception exists for a protected collection.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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