Photocopying/photo-reproduction (Art. 5.2(a) InfoSoc)

This (optional) exception or limitation allows users to reproduce on paper or any similar medium, by analogue means, works and other protected subject matter (except for sheet music, databases and software). It contains no specific requirement as to the purpose of use - personal, non-commercial, research etc. The exception is conditioned by a mandatory requirement for payment of fair compensation to rightsholders.

The EU Court of Justice has pronounced ‘fair compensation’ an autonomous concept of EU law in Padawan (Case C‑467/08).

This exception has been implemented in the following Member States:

In Belgium in Article XI.190, 5° of the Code of Economic Law (CEL)
In Austria in Section 42, para 1 of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
In Slovakia in Section 43 of the Copyright Act
In Latvia in Section 33 of the Copyright Act
In Czech Republic in Section 30a of the Copyright Act
In The Netherlands in Artikel 16h
In Portugal in Article 75(2)(a), first part, Código do Direito de Autor e dos Direitos Conexos
In Hungary in Section 21 of the Copyright Act
In Slovenia in Article 50(2)1. of the Copyright and Related Rights Act
In Italy in Article 68, paras 3 and 4 of the Law for the Protection of Copyright and Neighbouring Rights
In Lithuania in Article 20' of the Law No VIII- 1185 on Copyright and Related Rights
In Bulgaria in Article 25, para 1, p.1 of the Copyright and Neighbouring Rights Law (Член 25, ал.1, т.1 от Закона за авторското право и сродните му права)
In Malta in Article 9(1)b of Chapter 415 of the Laws of Malta