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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.