Temporary acts of reproduction (Art. 5.1 InfoSoc)
This mandatory exception allows temporary acts of reproduction, which are transient or incidental and an integral and essential part of a technological process and whose sole purpose is to enable (a) transmission in a network between third parties by an intermediary, or (b) a lawful use of a work or other subject-matter. Uses under the exception must have no independent economic significance.
This exception has been implemented in the following Member States:
- In Croatia in Article 182 of the Copyright and Related Rights Act
- In Romania in Article 35, para 3 of the Law No 8/1996 on copyright and related rights
- In Poland in Article 23' of the Copyright and Related Rights Act
- In Slovakia in Section 54 of the Copyright Act
- In Latvia in Section 33 of the Copyright Act
- In Spain in Article 39 of Law 23/2006
- In France in Article L122-5, 6° of the Intellectual Property Code
- In Estonia in §18' of the Copyright Act
- In Czech Republic in Section 38a of the Copyright Act
- In Finland in §11a of the Copyright Act
- In Sweden in Article 11a of the Act (1960:729) on copyright in literary and artistic works
- In Belgium in Article XI.189(3) of the Code of Economic Law (CEL)
- In The Netherlands in Artikel 13a Auteurswet
- In Portugal in Article 75(1) Código do Direito de Autor e dos Direitos Conexos
- In Hungary in Section 35(6) of the Copyright Act
- In Slovenia in Article 49a of the Copyright and Related Rights Act
- In Luxembourg in Article 10, 5° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données
- In Ireland in Section 87 of the Copyright and Related Rights Act
- In Germany in Section 44a of the Act on Copyright and Related Rights
- In Italy in Article 68 bis of Law for the Protection of Copyright and Neighbouring Rights
- In Lithuania in Article 29(1) of the Law of 18 May 1999 No VIII- 1185 on Copyright and Related Rights
- In Austria in Section 41a of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
- In Bulgaria in Article 24, para 1, p.1 of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.1 от Закона за авторското право и сродните му права).
- In Denmark in § 11a of the Copyright Act
- In Greece in Article 28B of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues
- In Cyprus in Art.7(5) of the Copyright Law
- In Malta in Article 9(1)a of Chapter 415 of the Laws of Malta