Preservation of cultural heritage (Art. 6 DSM)

This (mandatory) exception allows certain cultural heritage institutions to reproduce works and other protected subject matter, as well as to extract the contents of databases, for preservation purposes, to the extent necessary for such preservation. Only those materials that are permanently in the collections of a cultural heritage institution can be copied under this exception. There is no limitation as to the format or the medium of reproduction. The permitted uses are not subject to compensation. The exception cannot be overridden by contract.

This exception has been implemented in the following Member States:

In Bulgaria in Article 26i of the Copyright and Neighbouring Rights Law (Член 26и от Закона за авторското право и сродните му права).
In Greece in Article 22A of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues
In Portugal in Article 75(y) Código do Direito de Autor e dos Direitos Conexos
In Denmark in § 16(2) of the Copyright Act
In Latvia in Section 23, para 1 and of the Copyright Act
In Sweden in Article 16, para 1 of the Act (1960:729) on copyright in literary and artistic works
In Slovenia in Article 57d of the Copyright and Related Rights Act
In Belgium in Article XI.190, 12° of the Code of Economic Law (CEL)
In Romania in Article 36^4 of the Law No 8/1996 on copyright and related rights
In Luxembourg in Article 10, 10° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données
In Slovakia in Section 49a of the Copyright Act
In Lithuania in Article 23 of the Law No VIII- 1185 on Copyright and Related Rights
In Estonia in §20, para 1(2) of the Copyright Act.
In Italy in Article 68, para 2-bis of the Law for the Protection of Copyright and Neighbouring Rights
In Spain in Article 69 of Royal Decree-Law 24/2021, Title IV
In Croatia in Article 191 of the Copyright and Related Rights Act
In Germany in Sections 60e and 60f of the Act on Copyright and Related Rights (UrhG)
In Malta in Article 7 of S.L. 415.08 of the Laws of Malta
In The Netherlands in Artikel 16n Auteurswet
In Austria in Section 42, para 7 of the of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
In Hungary in § 35 (4) of the Copyright Act
In Ireland in Sections 59 to 70 of the Copyright and Related Rights Act
In France in Article L122-5, 8° of the Intellectual Property Code
In Czech Republic in Section 37(1)a of the Copyright Act
In Finland in §16 of the Copyright Act
In Cyprus in Section 27 of the Copyright Law
In Poland in Article 28 of the Copyright and Related Rights Act