Finland has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in ยง12 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the making of single copies for private use of a work that has been disclosed. The copies thus made may not be used for other purposes. It also permitts copies made by a third party for the private use of the party ordering the copies, of works other then musical works, cinematographic works, utility articles or sculpures. The exception expressly excludes from its scope the reproduction of works of art by artistic means, as well as the use of computer-readable computer programs, the making of a computer-readable copy of a computer-readable database, or the construction of a work of architecture.

Implementation details:

Beneficiaries:

  • any user (for their private use)
  • a third party (for the private use of a party ordering the copies)

Purposes:

  • private use

Usage:

  • reproduction (making of a single copy)

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts
  • photographs

Compensation:

  • fair compensation required

Attribution:

  • the author's name and the source must be, as a general rule, stated to the extent and in the manner required by proper usage

Other Conditions:

  • works used must be disclosed
  • copies made under the exception may not be used for other purposes
  • when copied by a third party for the private use of the party ordering the copies, musical works, cinematographic works, utility articles and sculpures are excluded from the scope of the exception
  • reproduction of works of art by artistic means is excluded from the scope of the exception
  • use conne3cted to construction of a work of architecture is excluded from the scope of the exception

Introduced/last updated: 01 January 2006

Remarks: The exception applies also to performances (art.45(7) of the CA); sound recordings (art.46(3) of the CA); film fixations (art.46a(3) of the CA); broadcasts (art.48(4) of the CA) and photographs (art.49a(3) of the CA).

Art. 11(2) requires that when a work is used publicly under an exception, the author's name and the source must be, as a general rule, stated to the extent and in the manner required by proper usage. It also requires that the work must not be altered more than necessary for the intended use."