For memory institutions

For public memory institutions, the Copyright Act provides for some exemptions for free use, such as copying, lending and making a work available to the public. A public archive, museum or library has the right to copy works belonging to its collection without the consent of the author and without payment of royalties:

• to replace a work that has become lost, destroyed or unusable;
• to replace a work that belonged to another library, museum or archive collection if it has been lost, destroyed or rendered unusable;
• to make a copy to ensure the preservation of the work.

Copies may be made if the work cannot be replaced in any other way.

Also allowed is:

• digitisation to preserve a collection;
• making a copy for a natural person for personal use;
• making a copy by order of a judicial or state authority to ensure justice and public security.

An author has the right to receive royalties paid for reprographic reproduction of the work and lending from public libraries, which are paid by the copyright compensation fund.

The following can be borrowed from the library for home use:

• books, magazines, newspapers, sheet music, pamphlets, digital publications (publications on CD, CD-ROM)
• audio items or audio recordings — audio record, tape, cassette on analogue media, laser disc (CD) on digital media, audiobook — if four months have passed since the beginning of distribution in Estonia
• combined audio and video items or video recordings — video cassette (VHS) on analogue media, DVD on digital media — if the film is accompanied by a corresponding license (permit) or if a corresponding contract (license agreement) has been concluded with the film producer (license agreement)

Restrictions on lending do not apply to libraries of audiovisual or sound art educational institutions. (Copyright Act §13³)

NB! Libraries can rent films from the ‘Estonian Film Classics’ series of Eesti Päevaleht, except Names in Marble. In addition, recordings circulated by Tallinnfilm and Estonian Public Broadcasting can be rented. It should be noted that if there are other film producers in addition to the above, a permission must still be sought from the other film producers to rent the works.

At the library, all works belonging to the collections can be borrowed for on-site use. The works can be made available on site via a special device (computer, video, DVD or CD player) on request from a visitor.

In addition, the library may use the work in its collection to the extent justified for the purpose of exhibitions and presenting the collection.

• Right of a cultural heritage institution to use out-of-commerce works

  As of 7 January 2022 cultural heritage institutions are able to make out-of-commerce works that belong in their permanent collections more readily available to the public. A work is no longer available in commerce if one can assume in good faith that it is no longer available to the public through conventional commercial channels.

   

  If the proprietary rights of the author of the work are not exercised by a collective representation organisation, a cultural heritage institution can make the works available, provided that they are published on the EUIPO portal (https://euipo.europa.eu/out-of-commerce/#/) six months before being made available. Via the portal, rightsholders can submit a request to the cultural heritage institution or the portal during the notification period, as well as later, for opting out of the use of the work in this manner.

   

  If there is no representative organisation, the cultural heritage institution can make the work available online for non-commercial purposes without paying royalties or asking for permission. This free use is only possible when the works are made available online.

• Text and data mining in cultural heritage institutions

  The text and data mining exception makes the processing of large amounts of texts and information possible in order to gain new knowledge and discover new trends.

   

  As of 7 January 2022 two text and data mining exceptions are specified in the Copyright Act:

   

  • General exception: Text and data mining, which is provided to all interested parties; it must be taken into account that this activity can also be prohibited by the rightsholder;

   

  • Text and data mining for research purposes which scientific and cultural heritage institutions have the right to do; this cannot be prohibited by the rightsholder.

   

  This is a restriction on the author’s economic right, which allows the user to use works without the author’s consent and without paying royalties, ie to make copies and perform data mining, but only if such use does not conflict with the normal use of the work and does not unduly harm the legitimate interests of the author (§ 17 of the Copyright Act).