Use of works

The use of works by other persons is allowed with the permission of the author or the rightsholder (publisher, heir). However, the Copyright Act provides for exceptions that restrict the economic rights of the author (see chapter IV Free use of works of the Copyright Act).

Use of works in the collections of the National Library:

• A copy of a copyrighted work may be made for personal use (except for sheet music). The library also makes copies of works to the extent justified by the purpose at the request of a natural person. The National Library does not copy works of fine art, electronic databases and computer programmes with limited circulation.
• Rare books and printed works of the archive collection are digitally copied only if this does not adversely affect the item.
• Personal devices can be used to make copies (except for rarities and printed works of the archive collection). Flash may not be used when taking pictures.
• Works in the collections of the National Library and copies thereof may be used for personal purposes. In order to publish a work or present it to the public, permission must be sought from the author or rightsholder. Permission is requested and submitted to the library by the person who wishes to publish a copy of a work or part thereof.

Frequently asked questions

• In what cases can a copyrighted work be used without the consent of the author?
  • Works for which the term of copyright has expired;
  • Works for which an exception has been made in the Copyright Act and the rights of the author are limited for the benefit of society;
  • Works protected by copyright may be used without the author’s permission, for example, for personal purposes, in accordance with the conditions and to the extent provided for in § 17, § 18, and § 19 of the Copyright Act. Only natural persons may use works for personal purposes. The possibilities for free use of a specific work are listed in Chapter IV of the Copyright Act.
• How to proceed if I wish to publish a copyrighted work?

  In this case, the permission of the author, the organisation representing them, or the rightsholder needs to be sought;

  In Estonia, authors of music and art and choreographers are represented by the Estonian Authors’ Society, audiovisual authors are represented by the Estonian Association of Audiovisual Authors;

  Performers (musicians) are represented by the Estonian Performers’ Association and phonogram producers (persons on whose initiative and responsibility the sound is first recorded on a sound medium) by the Estonian Association of the Phonogram Producers;

  Actors are represented by the Estonian Actors’ Union;

  Writers and photographers do not have their own representative organisation.

• Should I refer to the National Library when using a specific work?

  If a work in the National Library’s collection is used for purposes other than personal use, please use the following reference: ‘Source: Eesti Rahvusraamatukogu (National Library of Estonia)’. If you publish the work in a publication, it is good practice for the publisher of the work to surrender one copy for use to the National Library, in addition to the copies for preservation required by law;

  When using works that are in the digital archive DIGAR, please use the following reference: ‘Source: Digital archive DIGAR’.

   

• To what extent can a work be used without the permission of the author?

  For educational or scientific purposes, a work may only be used as illustrative material to the extent justified by the purpose. You can also copy the work to a reasonable extent justified by the purpose, for example, an article from a magazine, table of contents from a book and a few chapters. Copying an entire book is generally not considered an extent justified by the purpose (see §18 and clauses  3, 4, 5, 6 of §19 of the Copyright Act).

• What may not be copied?

  Without the consent of the author, copying notes, limited edition works of fine art, electronic databases and computer programmes in a reprographic form may not be copied (subsection 2 of § 18 of the Copyright Act). The National Library also does not copy audiovisual works and sound recordings.

• What are copyrighted works?

  Copyright generally protects all literary, artistic and scientific works. The work must be original, expressed in an objective form, and this form must allow the work to be copied either directly or by any technical means.

• Which works are not protected by copyright?
  • works of folklore;
  • legal acts and administrative documents and their official translations (laws, regulations, instructions, directives);
  • court decisions and their official translations;
  • official symbols of the state and the insignia of organisations (except banknotes);
  • daily news;
  • facts and data;
  • ideas, concepts and shapes, theories, processes, systems, methods, concepts, principles, discoveries, inventions, and similar results of intellectual activity described, explained, or otherwise expressed in the work;
    ideas and principles on which the elements of a computer programme are based, including those underlying the user interface of the programme (§5 of the Copyright Act).

  Thus, everyone is free to use works of folklore, legal acts and administrative documents, court decisions and their official translations. It should be borne in mind that unofficial translations of legal acts are subject to copyright, as well as draft legal acts.

• What can be done with works with an expired copyright term?

  The general term of copyright validity is the life of the author and 70 years after the death of the author. The 70-year term begins from 1 January of the year following the year of the author’s death. If more than 70 years have passed since the death of the author, the work is in free use and can be freely used by everyone, except for publication under the name of someone else. Please note that the work may have co-authors (translators, illustrators etc) whose rights still apply.

• What are Creative Commons?

  What are Creative Commons?
  Creative Commons are some of the most common standard license terms (six different license agreements in total) that allow the work to be freely used (copied, distributed, performed, aimed at the public, modified) under certain conditions. Works equipped with such licenses can be recognised by the relevant icons. Licences are often used online but also for printed publications.

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