Finland has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in §25, para 2 of the Copyright Act. The national exception is much more restrictive than the EU exception.
Implementation summary:
This exception allows for the incorporation of copies of works of art that have, with the consent of the author, been sold or otherwise permanently transferred, into a photograph, a film, or a television programme if the reproduction is of a subordinate nature in the photograph, film or programme.
Implementation details:
Beneficiaries:
- any user
Purposes:
- not specified (the use must be of of a subordinate nature)
Usage:
- incorporation into a photograph, a film, or a television programme
Subject Matter:
- copies of works of art that have, with the consent of the author, been sold or otherwise permanently transferred
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:
- works used must be copies of works of art that have, with the consent of the author, been sold or otherwise permanently transferred
- use is limited to the incorporation into a photograph, a film, or a television programme
Introduced/last updated: 01 January 2006
Remarks: The exception does not apply to neighbouring rights.
§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.
