VenezuelaLey sobre el Derecho de Autor, compilations and databases (Art. 3)
Ley sobre el Derecho de Autor, 14/08/1993, art. 3
In force since .
A database right rule binding public and private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- A compilation or database is protected as a work only through the selection or arrangement of its contents, not the underlying data; reproducing the selection or arrangement without authorization can still infringe even where the individual data points are unprotected.
- Providing public access to a database of protected works over a telecommunication network requires the rightholder's authorization.
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 3 of the Copyright Law lists the works of the intellect that are distinct from the original work, among them translations, adaptations, anthologies, compilations of diverse works and databases that are personal creations by their selection or arrangement. It is a definition of protected subject matter and imposes no duty to create, keep, produce or review a log or record. The article states no territorial clause, so no hook is recorded.
- Kind
- None
- As of
What this law does
Article 3 protects an anthology or compilation of diverse works, and a database, as a work distinct from an original work, where the selection or arrangement of its contents constitutes a personal creation, so protection attaches to the compiler's selection or arrangement rather than to the underlying data itself; the law confers no separate sui generis right over a database's contents.
Article 4 excludes the text of laws, decrees, official regulations, public treaties, judicial decisions, and other official acts from protection. Article 40(8) treats public access to a computer database by telecommunication as an act of public communication requiring the rightholder's authorization where the database incorporates or constitutes protected works.
Article 44(3) permits reproducing, for non-profit teaching or examinations at educational institutions, articles, brief extracts of works, or lawfully published short works, provided the use conforms to fair practice; the statute contains no text-and-data-mining exception or machine-readable opt-out mechanism. The Law was published in the Gaceta Oficial de la República de Venezuela, Extraordinario issue 4.638, dated .
Under article 1 of the Código Civil, a law is binding from its publication in the Gaceta Oficial or from a later date that it names itself.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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