Estonia has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in §19(1)(2), §19(1)(3), §19(1)(³) and §75(1)(2) of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Estonia has two general exceptions for illustration for teaching and scientific research, one applicable to copyrighted works (§19(1)(2)) and another applicable to other protected subject matter (§75(1)(2)). These exceptions are open to any users. In addition, there is one exception for digital reproduction and communication to the public of works for illustration for teaching under the responsibility of an educational establishment (§19(1)(³)) and one exception for reproductions of works in educational and research institutions (§19(1)(3)). None of the exceptions is subject to compensation.

Implementation details:

Beneficiaries:

  • anyone (general exceptions)
  • anyone under the reponsibility of an educational establishment (exception for digital reproduction and communication to the public)
  • anyone in educational and research institutions (reproduction exception)

Purposes:

  • illustration for teaching, not for commercial purposes (general exceptions)
  • scientific purposes, not for commercial purposes (general exceptions)
  • illutration purposes (exception for digital reproduction and communication to the public)
  • teaching (reproduction exception)
  • scientific research (reproduction exception)

Usage:

  • any uses (general exceptions)
  • reproduction in digital form (exception for digital reproduction and communication to the public)
  • communications to the public (exception for digital reproduction and communication to the public)
  • reproductions (reproduction exception)

Subject Matter:

  • lawfully published work
  • performance
  • phonogram
  • radio or television broadcast or recordings thereof
  • film
  • unpublished work
  • literary criticism or scientific publication
  • press publication

Compensation:

  • do not require payment of compensation

Attribution:

  • require attribution

Other Conditions:

  • quantitative limitations: to the extent justified by the purpose
  • technical limitations: through a secure electronic environment accessible only by the educational establishment's pupils or students and teaching staff (exception for digital reproduction and communication to the public)

Introduced/last updated: 07 January 2022

Remarks: There's a general exception allowing 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 (§19(1)(2)). This exception implements Art. 5(3)(a) InfoSoc and it was ammeded with the implementation of Art. 5 DSM, to mention that the "special rules" provided in the new exception for digital reproductions and communication to the public in educational establishments should be taken into consideration.

Then exception implementing Art. 5 of the DSM Directive allows the reproduction of a lawfully published work in digital form and its communication to the public solely for the purpose of illustration to the extent justified by the purpose and on the condition that such use is carried out for non-commercial purposes, under the responsibility of the educational establishment on its premises or at other venues, or through a secure electronic environment accessible only by the educational establishment's pupils or students and teaching staff (§19(1)(³)). There's a cross-border provision stating that the use of a work in the manner specified under this exception shall be deemed to take place only in the Member State of the European Union or the state which has acceded to the Agreement on the European EconomicArea where the relevant educational institution is located.

There's an exception allowing 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 (§19(1)(3)).

There's a general exception allowing the use of performance, phonogram, radio or television broadcast or recordings thereof, film, unpublished work, literary criticism or scientific publication, or press publication for the purpose of illustration for teaching or scientific research to the extent justified by the purpose and on condition that such use is not carried out for commercial purposes and on condition that the source is indicated, if possible (§75(1)(2)).