Copyright and Libraries
The National Library of Estonia provides information about copyright regime and practice in order to facilitate the knowledge of copyright among librarians and the public.
Library has the right, without the authorisation of the author and without payment of remuneration, on order from a natural person:
- to make available works in its collections on the spot through special equipment (PC, VHS, DVD or CD-player ect.);
- to lend all works in its collections for individual on-the-spot use.
Library has the right to use a work included in the collection thereof without the authorisation of its author and without payment of remuneration for the purposes of an exhibition or the promotion of the collection to the extent justified by the purpose.
These activities shall not be carried out for commercial purposes.
Lending works out of library: Copyright Act § 133
A library has the right to lend out a work and a sound recording (in case four months have passed since the start of the distribution of such sound recording in Estonia) of a work without the consent of the author, performer or producer of phonograms, but they are entitled to receive remuneration for such lending out. Lending out an audiovisual work is permitted only in case the producer of the first fixation of a film has granted a respective authorisation.
Copying works from the library collections: Copyright Act § 20 (1)
A public library has the right to reproduce a work included in the collection thereof without the authorisation of its author and without payment of remuneration, in order to
1) replace a work which has been lost, destroyed or rendered unusable
2) make a copy to ensure the preservation of the work;
3) replace a work which belonged to the permanent collection of another library, archives or museum if the work is lost, destroyed or rendered unusable
P. 1) - 3) apply in the case when acquisition of another copy of the work is impossible.
4) digitise a collection for the purposes of preservation;
5) make a copy for a natural person for the purposes specified in § 18 of the Copyright Act;
6) make a copy on the order of a court or a state agency for the purposes prescribed in clause 19 6) of the Copyright Act.
These activities shall not be carried out for commercial purposes
Copyright Act (consolidated text 16 January 2011)
Vasamäe, Elise. A collective licensing scheme for lending of phonograms from digital libraries // Juridica International (2011) 18 : International and national in law : development and reciprocal impact. Pp. 104-112.
Pisuke, Heiki. Cultural dimension in Estonian copyright law // Juridica International (2004) 9 : Estonian contribution to the enlarged European Union. Pp. 45-51
Pisuke, Heiki. Moral Rights of Author in Estonian Copyright Law // Juridica International (2002) 7 : From transition to accession: a new era of Estonian Constitutional thinking? Pp. 166-175.
Karmen Linask, Copyright Specialist, tel 630 7331, e-mail: Karmen dot Linask at nlib dot ee