§ 5. The Right of the Manufacturer of a Database

Article 1333. The Manufacturer of a Database

1. The manufacture of a database is the person that has organised the creation of the database and the work of gathering, processing and arranging the materials making up the database. Unless otherwise proven, the manufacturer of a database is the citizen or legal entity whose name is indicated in an ordinary manner on a copy of the database and/or on the package thereof.

2. The manufacturer of a database owns the following: the exclusive right of the manufacturer of the database; a right to indicate his/its name on copies of the database and/or on the package thereof.

Article 1334. The Exclusive Right of the Manufacturer of a Database

1. The manufacturer of a database whose creation (including the processing or presentation of the relevant materials) requires significant financial, material, organisational or other costs owns an exclusive right to retrieve materials from the database and subsequently use them in any form and in any manner (the exclusive right of the manufacturer of the database). The manufacturer of the database may dispose of the said exclusive right. Unless otherwise proven, the database whose creation requires significant cost is a database comprising at least 10,000 independent information elements (materials) making up the content of the database (Paragraph 2 of Item 2 of Article 1260). Nobody is entitled to retrieve materials from a database and subsequently use them without the permission of the right holder, except for the cases described in the present Code. In this case, the retrieval of materials means the transfer of the whole content of the database or of a significant portion of the materials making it up to another information medium through the use of any technical facilities and in any form.

2. The exclusive right of the manufacturer of a database is recognised and is effective independently of the existence and effect of the copyrights and other exclusive rights of the manufacturer of the database and of other persons to the materials making up the database, and also to the database as a whole as a composite work.

3. A person legally using a database is entitled without a permission of the right holder to retrieve materials from the database and subsequently use them for personal, scientific, educational and other non-commercial purposes within the scope justified by these purposes and to the extent in which such actions do not infringe the copyrights of the manufacturer of the database and of other persons. The use of materials retrieved from a database in a manner that presumes that an indefinite group of persons have access thereto shall be accompanied with reference to the database from which the materials are retrieved.

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