UruguayLey N° 9.739 art. 5, compilation and database copyright protection
Ley N° 9.739, de 17 de diciembre de 1937, art. 5
In force.
A database right rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- No
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- A database or compilation is protected against copying only to the extent its selection or arrangement is itself an intellectual creation; copying the underlying data or materials it contains is not restricted by this article.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article 5 lists the productions that copyright protects, including computer programs and original compilations of data or other materials, and states that the protection does not reach the data or materials in themselves. It imposes no duty to create, keep, produce or review a log or record and states no territorial clause, so no hook is recorded.
- Kind
- None
- As of
What this law does
Article 5 protects a compilation of data or other materials, in any form, as a copyright work when the selection or arrangement of its contents constitutes an intellectual creation, and states expressly that this protection does not extend to the underlying data or materials themselves and is without prejudice to any copyright that subsists in them separately.
Uruguay confers no sui generis database right distinct from this originality-based compilation copyright, so a database whose selection or arrangement is not itself an intellectual creation, such as a routine or exhaustive listing, receives no protection under this article, and copying the underlying facts or data out of a protected compilation does not infringe it. Article 5 in its present wording is the text that Ley N° 17.616 set out anew in its article 3.
Ley N° 17.616 states no day of its own entry into force; absent a stated day, article 1 of the Civil Code brings an undated law into force ten days after its promulgation is verified in the capital, a computed day rather than one a source states.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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