Finland has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in §16a 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, to be determined in a government decree, to communicate disclosed works in their collections, to a member of the public for purposes of research or private study on a device reserved for communication to the public on the premises of the institution. Such communication can take place without prejudice to the purchasing, licensing and other terms governing the use of the work.

Implementation details:

Beneficiaries:

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

Purposes:

  • for purposes of research or private study of individual members of the public

Usage:

  • communication to the public

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
  • use must occur on a device reserved for communication to the public on the premises of the institution
  • use cannot take place contrary to the purchasing, licensing and other terms governing the use of the work

Introduced/last updated: 01 January 2006

Remarks: The general provision of §16a 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."