KosovoLaw No. 04/L-065 on the Right of the Author and Related Rights, Sui Generis Database Right
Law No. 04/L-065, arts. 147-153 (database right)
A database right rule binding public and private bodies.
What it requires
- This law has been repealed and replaced by Law No. 08/L-205 (2023); the successor's text is not available through the official gazette site, so the database right described below is the repealed Act's, not confirmed as Kosovo's current law.
- Under the repealed Act, do not extract or re-utilise the whole of a database's contents, a qualitatively or quantitatively substantial part of it, or repeatedly and systematically extract insubstantial parts in a way that conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests, without the database producer's authorisation.
- A lawful user may freely use only insubstantial parts of a database's contents, and may not act in a way that conflicts with the database's normal exploitation.
These lines are LexLint's reading of the law's text.
What this law does
Kosovo's copyright statute created a sui generis right for a database producer, protected independently of any copyright in the database's contents. Article 148 extended that protection to the whole of a database's contents, to any qualitatively or quantitatively substantial part of it, and to a repeated and systematic extraction or re-utilisation of insubstantial parts that conflicted with the database's normal exploitation or unreasonably prejudiced the producer's legitimate interests.
Article 149 gave the producer the exclusive right to authorise or prohibit reproducing, distributing, renting out, making available, or otherwise communicating the database to the public. Article 150 limited a lawful user to freely using only insubstantial parts of a database's contents and barred any act conflicting with its normal exploitation.
Article 153 set the right's term at fifteen years from the database's completion, or from its first lawful publication within that period, restarting on a substantial new investment in the database's content. Law No. 08/L-205 repealed this Act on , and its own text is not available through the official gazette site, so it is not established whether Kosovo's current database right differs.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
Back to the example · Lint your app
Page updated .