Latvia has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Section 34 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction (including in a digital format) in one copy, of works that have been included in lawfully acquired films or phonograms or in other protected forms of expression, as well as visual works, by natural persons for their personal use and without direct or indirect commercial purpose. Third persons cannot be involved in the production of such copies. The author is entitled to receive a fair compensation (blank tape levy).

Implementation details:

Beneficiaries:

  • natural persons

Purposes:

  • personal non-commercial use

Usage:

  • reproduction (in one copy)

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • fair compensation required

Attribution:

  • no attribution required

Other Conditions:

  • works used must be visual works, or works included in lawfully acquired films or phonograms or in other protected forms of expression
  • sheet music is expressly excluded from the subject matter of the exception
  • use by natural persons must be without direct or indirect commercial purpose
  • third persons cannot be involved in the production of copies

Introduced/last updated: 06 December 2007

Remarks: The exception extends to neighbouring rights as per Section 54(5) of the CA regarding lawfully acquired films or phonograms, as well as neighbouring rights objects included in a lawfully acquired film or phonogram.