E sccr/30/2 original: english date: april 30, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015



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ESTONIA


Sources:

  1. Copyright Act Passed 11 November 1992 RT 1992, 49, 615, entry into force 12 December 1992, last update 05.06.2013 (RT I, 14.06.2013, 3, entry into force 01.11.2013) http://www.legaltext.ee/et/andmebaas/tekst.asp?loc=text&dok=X40022K10&keel=en&pg=1&ptyyp=RT&tyyp=X&query=autori%F5iguse

  2. Copyright Amendment Act 697 SE, State Gazette 29 October 2014

http://www.riigikogu.ee/?op=ems&page=eelnou&eid=02b8f47e-8e65-4b26-bf29-8d0579502f4d&


Specific exceptions

Reproduction for preservation purposes

§ 17.

Notwithstanding §§ 13 – 15 of this Act, but provided that this does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author, it is permitted to use a work without the authorisation of its author and without payment of remuneration only in the cases directly prescribed in §§ 18 – 25 of this Act.

§ 20.

(1) A museum has the right to reproduce a work included in the collection thereof without the authorisation of its author and without payment of remuneration, in order to:



1) replace a work which has been lost, destroyed or rendered unusable;

2) make a copy to ensure the preservation of the work;

3) replace a work which belonged to the permanent collection of another library, archives or museum if the work is lost, destroyed or rendered unusable;

4) digitise a collection for the purposes of preservation;

§ 20. (2)

The provisions of clauses (1) 1) – 3) of this section apply in the case when acquisition of another copy of the work is impossible.

§ 20. (5)

The activities specified in this section shall not be carried out for commercial purposes.



Use of works in exhibition catalogues

§ 20. (3)

A museum has the right to use a work included in the collection thereof without the authorisation of its author and without payment of remuneration for the purposes of an exhibition or the promotion of the collection to the extent justified by the purpose.

§ 17, § 20. (5)

The activities shall not be carried out for commercial purposes.

Shall not conflict with a normal exploitation of the work and unreasonably prejudice the legitimate interests of the author.


Making available for research or study

§ 20. (4)

A museum has the right, without the authorisation of the author and without payment of remuneration, on order from a natural person 1) to make available works in its collections on the spot through special equipment;

§ 20. (5)

The activities shall not be carried out for commercial purposes.



Use of orphan works

§ 27 Two – Eight

§ 27 Six (1) The public authority and the memory of Estonian National Broadcasting is permitted to use an orphan work

recognized and orphan works included in the collection of your data transmitted to the work or phonogram

solely in the public interest and the rights of the holders of all identified the names given,

in the following cases:

1) available to the public for cultural and educational purposes;

2) Reproduction of digitization, making available, indexing,

cataloging, preservation or restoration.

(2) of this section, the authority referred to in paragraph 1 may be allowed to use the course

earn income from the digitization and making available orphan costs

for the purpose of recovery.






General exceptions

Reproduction for private purposes

§ 18.

(1) A lawfully published work may be reproduced and translated by a natural person for the purposes of personal use without the authorisation of its author and without payment of remuneration on the condition that such activities are not carried out for commercial purposes.

(2) The following shall not be reproduced for the purposes of personal use without the authorisation of the author and without payment of remuneration:

1) works of architecture and landscape architecture;

2) works of visual art of limited edition;

3) electronic databases;

4) computer programs, except the cases prescribed in §§ 24 and 25 of this Act;

5) notes in reprographic form.

§ 20. (1) 5)

A museum has the right to reproduce a work included in the collection thereof without the authorisation of its author and without payment of remuneration, in order to make a copy for a natural person for the purposes specified in § 18 of this Act;

§ 20. (4) 2)

A museum has the right, without the authorisation of the author and without payment of remuneration, on order from a natural person to lend works in its collections for individual on-the-spot use.

§ 20. (5)

The activities specified shall not be carried out for commercial purposes.

§ 26. (1) Audiovisual works or sound recordings of such works may be reproduced for the private use (scientific research, studies, etc.) of the user without the authorisation of the author. The author as well as the performer of the work and the producer of phonograms have the right to obtain equitable remuneration for such use of the work or phonogram (§ 27).

(2) Subsection (1) of this section does not apply to legal persons.

§ 17. Acrivities should not conflict with a normal exploitation of the work and unreasonably prejudice the legitimate interests of the author.


Reprographic reproduction

No specific mentioning; where reproduction is allowed, reprographic reproduction is included.

§ 271. (1) Remuneration for reprographic reproduction works

Authors and publishers are entitled to receive equitable remuneration for the reprographic reproduction of their works in the cases specified in subsection 18 (1) and clause 19 3) of this Act.


Use for educational and scientific research

§ 19. The following is permitted without the authorisation of the author and without payment of remuneration if mention is made of the name of the author of the work, if it appears thereon, the name of the work and the source publication:

2) the use of a lawfully published work for the purpose of illustration for teaching and scientific research to the extent justified by the purpose and on the condition that such use is not carried out for commercial purposes;

3) the reproduction of a lawfully published work for the purpose of teaching or scientific research to the extent justified by the purpose in educational and research institutions whose activities are not carried out for commercial purposes.



Directory: edocs -> mdocs -> copyright
copyright -> World intellectual property organization
copyright -> 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, 2015
mdocs -> Original: english
mdocs -> E cdip/9/2 original: english date: March 19, 2012 Committee on Development and Intellectual Property (cdip) Ninth Session Geneva, May 7 to 11, 2012
mdocs -> E wipo-itu/wai/GE/10/inf. 1 Original: English date
copyright -> 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, 2010
copyright -> Original: English/francais
copyright -> 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, 2016
copyright -> E workshop
copyright -> World intellectual property organization

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