Schutz des Datenbankherstellers (Sui Generis Database Right)

A database is a collection of works, data or other independent elements arranged systematically or methodically and individually accessible, whose obtaining, verification or presentation required a substantial investment by type or extent; the database maker is whoever made that investment.

The maker holds the exclusive right to reproduce, distribute and publicly communicate the database as a whole or a substantial part of it by type or extent, and repeated, systematic reproduction, distribution or communication of insubstantial parts is treated the same way where it conflicts with the database's normal exploitation or unreasonably prejudices the maker's legitimate interests.

The right does not reach reproduction of a substantial part for private use of a database whose elements are not individually electronically accessible, for scientific research, for illustrating teaching, for text and data mining under section 44b, for text and data mining for scientific research under section 60d, or for preservation, and separately permits use in court, arbitral or administrative proceedings and for public-security purposes.

The right lasts fifteen years from the database's publication, or from its making if it was not published within that period.

A contractual term obliging an owner of a lawfully marketed copy of the database, or another person lawfully entitled to use it, to refrain from reproducing, distributing or communicating an insubstantial part of the database is void to the extent that doing so conflicts neither with the database's normal exploitation nor unreasonably prejudices the maker's legitimate interests.