Estonia has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in §20, para 1 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction by cultural heritage institutions of work from their collections in order to: (1) replace a lost, destroyed or unusable work; (2) make a copy of the work in any form or medium, including in digital form, to the extent necessary to ensure its preservation; (3) replace a work that is part of the permanent collection of another cultural heritage institution if it has been lost, destroyed or rendered unusable; (4) make a copy for the private use of a natural person.

Implementation details:

Beneficiaries:

  • cultural heritage institutions

Purposes:

  • preservation
  • replacing a lost, destroyed or unusable work
  • private use of a natural person (non-commercial)

Usage:

  • reproduction

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts
  • press publications

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • works used must be from the beneficiaries' own collections (except in the case of replacing a work that is part of the permanent collection of another cultural heritage institution, if it has been lost, destroyed or rendered unusable)
  • the exception applies to replacing a lost, destroyed or unusable work, incl. in another collection, where it is not possible to obtain a new copy of the work
  • use must not be carried out for commercial purposes
  • any term of a contract which restricts the free use of the work in the manner referred to in paragraph 1(2) is be null and void

Introduced/last updated: 07 January 2022

Remarks: The provision is part of §20, which regulates free use by Cultural Heritage Institutions. In 2022 para 1 was ammended to accommodate art.6 of the CDSM Directive. Subparagraphs 2 (making a copy to ensure the preservation of the work) and 4 (digitising a collection for the purposes of preservation) were replaced by the new subparagraph 2, providing no substantial change in the scope of the exceptions.

The provision concerns copyrighted works. The exception is extended to related rights with a general reference to "other cases where the rights of authors of works are limited pursuant to Chapter IV of this Act" in § 75 (6).