Legge sul Diritto d'Autore Artt. 102-bis and 102-ter, Sui Generis Database Right
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 16 June 1999.
A database right rule binding public and private bodies.
As of 6 September 2026.
What it requires
- Do not extract or re-utilize the whole or a substantial part of a database's content without the database maker's authorization, for the fifteen years (renewable on a substantial new investment) following the database's completion or first making-available.
- As a legitimate user of a publicly available database, you may extract or re-utilize insubstantial parts of its content for any purpose, but not repeatedly and systematically in a way that conflicts with the database's normal exploitation or unjustifiably prejudices its maker.
- A contract clause purporting to override these database-right rules is void.
What it reaches
Obligation class
Governance
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
A database's maker ("costitutore"), meaning whoever makes a substantial investment, in money, time or work, to constitute, verify or present a database, holds the right, independent of any copyright protection the database may separately enjoy, to prohibit extraction or re-utilisation of the whole or a substantial part of its content (art. 102-bis, commi 1(a), 3).
"Extraction" is the permanent or temporary transfer of the whole or a substantial part of the database's content onto another medium; "re-utilisation" is any form of making that content available to the public (comma 1(b)-(c)).
The right arises when the database is completed and expires fifteen years after 1 January of the year following completion, or, for a database made available to the public before that period expires, fifteen years after 1 January of the year following first making-available; a substantial new investment in the database's content restarts an equally long protection term (commi 6-8).
Repeated and systematic extraction or re-utilisation of insubstantial parts of the database's content is not permitted where it presupposes operations contrary to the database's normal management or unjustifiably prejudices its maker (comma 9).
A legitimate user of a database made available to the public may not prejudice the rightholder, may not act contrary to the database's normal management or unjustifiably prejudice its maker, and may otherwise extract or re-use insubstantial parts, assessed qualitatively and quantitatively, of the database's content for any purpose without the maker's authorisation (art. 102-ter, commi 1-3). A contractual clause violating any of those rules is void (comma 4). Both articles have been in force since 16 June 1999.
When LexLint raises it
crawls_webtrains_models