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Note that the following list of national laws includes only those countries where the law expressly refers to ‘museum(s)’. In rare cases, like Austria, countries were added to list when there was reasonable ground to assume that a law that is deemed applicable to ‘public collections’ would also apply to museum collections. On the other hand, we have refrained from including countries in the list, like the United States and Sweden, where the laws expressly refer only to libraries and archives, without ever mentioning museums.
Overview of the national laws of the following countries:
Australia
Austria
Bangladesh
Belgium
Bosnia and Herzegovina
Bulgaria
Canada
Chile
China
Cyprus
Denmark
Estonia
Ethiopia
Fiji
Finland
France
Germany
Hungary
Iceland
India
Israel
Italy
Latvia
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Lesotho
Lithuania
Luxembourg
Macedonia, Republic of
Malta
Mongolia
Montenegro
Netherlands
Nigeria
Norway
Pakistan
Poland
Portugal
Romania
Serbia
Sierra Leone
Slovakia
Slovenia
Spain
Switzerland
Turkey
United Kingdom
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AUSTRALIA
Sources:
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Copyright Law of Australia, No. 63 (1968), as amended through No. 28 (2007), available at http://www.comlaw.gov.au/ComLaw/Legislation/ ActCompilation1.nsf/0/CF0F41E18CD27484CA257323002077E3/$file/Copyright1968.pdf
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WIPO study 2008
Specific exceptions
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Reproduction for preservation purposes
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§ 10(1), § 10(4)
Museums, all or part of whose collection is accessible to members of the public, fall under the definition of archives
§ 51A
Officers in charge of archives, or persons acting on behalf of the officers can copy in any form :
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works in manuscript form held in the collection of the archive
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original artistic works held in the collection of the archive
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published works held in the collection of the archive
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works held in the collection of the archive.
Purpose : for preservation, replacement or for administrative purposes.
Administrative purposes means purposes directly related to the care or control of the collection.
These copies may also be communicated to officers of archives online through a computer terminal on the premises.
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Use of works in exhibition catalogues
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Making available for research or study on the premises of a museum
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§ 49 (5A) / 51A (3)
Communication of Electronic Works: If an article contained in a periodical publication or other published work is acquired in electronic form as part of the archives collection, the officer in charge of the library or archives may make it available online within the premises of the library or archives in such a manner that users cannot, by using any equipment supplied by the archives make an electronic reproduction of the work or communicate it.
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Use of orphan works
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General exceptions
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Reproduction for private purposes
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§ 49(1), § 49 (2)
Research or Study (Published Works)
Authorized officers of archives
For research or study and supply to user, requested by the user in writing.
For research or study and supply to a user at a remote location, upon request by a person to an authorized officer of the institution.
Whole or parts of articles contained in periodical publications held in the collection of the institution.
Whole or parts of published works other than articles contained in periodical publications held in the collection of the institution.
Only a single copy can be made (“a reproduction”).
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Reprographic reproduction
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Use for educational and scientific research
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§ 40, § 103C
Fair dealing exception can apply to some uses of copyrighted works for specific purposes, including research and study
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AUSTRIA
Source: Bundesgesetz über das Urheberrecht an Werken der Literatur und der Kunst und über verwandte Schutzrechte (Urheberrechtsgesetz), as last amended by BGBl. I, Nr. 11/2015, 25.01.2015
https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10001848
Specific exceptions
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Reproduction for preservation purposes
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Use of works in exhibition catalogues
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§ 54(1)
To reproduce, distribute, and make available to the public copies of works of Fine Arts in directories of the permanent collection of a publicly accessible institution (öffentliche Sammlung) in publication edited by the owner of the collection for visitors, to the extent necessary for the promotion of the visit of the collection; any other commercial use is excluded;
§ 54(2)
To reproduce, distribute, and make available to the public copies of works of fine arts in lists of item offered for sale or similar promotional literature, published to auction the works or otherwise offer them for public sale, to the extent necessary to promote the event ; but such advertising material by the editor should only be for free or at a cost not exceeding the price for making available to the public; any other commercial use is excluded;
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Making available for research or study
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Use of orphan works
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§ 56e
An unpublished literary, dramatic, or musical work that is kept in a museum, or other institution to which the public has access.
For research or private study.
Provided that where the identity of the author of any such work, or in the case of a work of joint authorship of any of the authors, is known to the museum the provision of this clause shall apply only if such reproduction is made at a time more than sixty years from the date of the death of the author or, in the case of a work of joint authorship, the death of the author whose identity is known or, if the identity of more authors than one is known, from the death of such one of those authors who dies last. (Note: the basic term of copyright duration is life of author, plus 60 years.)
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General exceptions
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Reproduction for private purposes
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§ 42(1)-(8)
§ 42 (2) Any person may make single copies of a work on the other referred to in para. 1 carriers than for personal use for research purposes, to the extent justified by the non-commercial purpose
§ 42 (4) Any natural person may make single copies of a work on other than those referred to in para. 1 carriers for personal use and not for direct or indirect commercial purposes.
§ 42 (7) open to the public institutions that collect workpieces may make copies, on other than those referred to in para. 1 carriers but only if they so not for direct or indirect economic or commercial purposes (copying for personal use of collections ), namely
1. from own works each a reproduction; such a reproduction piece may take the amplified work under the same conditions as that issued (. § 16 para 2), given (§ 16a) and are used under § 56b;
2. Individual from published but not published or out of print copies; as long as the work is not published or sold out, such copies may be issued (§ 16 para. 2), are awarded in accordance with § 16a and used in accordance with § 56b.
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Reprographic reproduction
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§ 42a
On Order free single copies may be made for personal use of someone else. However, such reproduction is permitted:
1. if the reproduction is made by means of reprographic or similar process;
2. if a work of literature or music is reproduced by copying;
3. if it is a reproduction according to § 42 para. 3.
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Use for educational and scientific research
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§ 42 (6) Schools and universities may produce and distribute copies of works for the purpose of teaching and to the extent justified by the number required for a particular class or course (reproduction for private school use); this also applies to music. This is only permitted for non-commercial purposes. The right to reproduce for personal use in schools does not apply to works that are intended, by their nature and designation for school or educational purposes.
§ 54(3)
it is permissible to distribute for non-commercial purposes any published works of fine arts in its nature and designation to reproduce in accordance intended for school or educational purposes literary work merely to illustrate the content or in such a textbook for the purpose of art education of youth, and to make available to the public
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Directory: edocs -> mdocs -> copyrightcopyright -> World intellectual property organizationcopyright -> E sccr/30/5 original: English date: June 2, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015mdocs -> Original: englishmdocs -> E cdip/9/2 original: english date: March 19, 2012 Committee on Development and Intellectual Property (cdip) Ninth Session Geneva, May 7 to 11, 2012mdocs -> E wipo-itu/wai/GE/10/inf. 1 Original: English datecopyright -> E sccr/20/2 Rev Original: English date : May 10, 2010 Standing Committee on Copyright and Related Rights Twentieth Session Geneva, June 21 to 24, 2010copyright -> Original: English/francaiscopyright -> E sccr/33/7 original: english date: february 1, 2017 Standing Committee on Copyright and Related Rights Thirty-third Session Geneva, November 14 to 18, 2016copyright -> E workshopcopyright -> World intellectual property organization
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