Finland has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in §16 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for archives, libraries and museums open to the public, determined in a government decree, to make copies of a work in its own collections for the non-commercial purposes of (1) preserving material and safeguarding its preservation, (2) technically restoring and repairing material, (3) administering and organising collections, as well as for other internal purposes required by the maintenance of the collection, and (4) supplementing a deficient item or completing a work published in several parts if the necessary complement is not available through commercial distribution or communication.

Implementation details:

Beneficiaries:

  • archives, libraries and museums open to the public, as determined in a government decree

Purposes:

  • preservation
  • restoration
  • organising of collection and other internal purposes
  • supplementing an out-of-commerce deficient item

Usage:

  • reproduction

Subject Matter:

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

Compensation:

  • no 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:

  • beneficiaries must be determined in a government decree
  • works used must be in beneficiaries' own collections (except in the case of supplementing an out-of-commerce deficient item)

Introduced/last updated: 01 January 2006

Remarks: The general provision of §16 is complemented by special analogous provisions covering the activity of libraries entitled to a legal deposit of a copy of a work under the Act on Deposit and Preservation of Cultural Material (§16b of the Law) and the National Audiovisual Institute (§16c of the Law).

All other uses by beneficiaries outside the ones determined in a government decree are subject to extended collective licensing schemes under §16d of the Law.

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."