Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc)

This (optional) exception or limitation allows publicly accessible cultural heritage institutions (libraries, museums and archives) and educational establishments to reproduce works and other protected subject matter (other than databases and software) solely for non-commercial use.

The EU Court of Justice interprets the limitation as applicable even without transposition into national law in Ulmer (Case C-117/13), pronouncing it an ‘ancillary right of digitisation’ for the purpose of making available on dedicated terminals by libraries under Article 5(2)(n).

This exception has been implemented in the following Member States:

In Sweden in Article 16 of the Act (1960:729) on copyright in literary and artistic works
In Luxembourg in Article 10, 10° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données
In Lithuania in Article 23 of the Law No VIII- 1185 on Copyright and Related Rights
In Estonia in §20, para 1 of the Copyright Act
In Croatia in Article 191 and 193 of the Copyright and Related Rights Act
In Romania in Article 35, para 1, (d) and (e) of the Law No 8/1996 on copyright and related rights
In Germany in Sections 60e and 60f of the Act on Copyright and Related Rights (UrhG)
In Poland in Article 28 of the Copyright and Related Rights Act
In Slovakia in Section 49 of the Copyright Act
In Spain in Article 37(1) of Law 23/2006
In France in Article L122-5, 8° of the Intellectual Property Code
In Czech Republic in Section 37(1)a of the Copyright Act
In Finland in §16 of the Copyright Act
In Portugal in Article 75(2)(e) Código do Direito de Autor e dos Direitos Conexos
In Hungary in Section 35(4) of the Copyright Act
In Slovenia in Article 50(3) of the Copyright and Related Rights Act
In Latvia in Section 23, para 1 and of the Copyright Act
In Ireland in Sections 59 to 70 of the Copyright and Related Rights Act
In Denmark in § 16 of the Copyright Act
In Italy in Article 68, paras 2 and 5 of the Law for the Protection of Copyright and Neighbouring Rights
In Austria in Section 42, paras 6 and 7 of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
In Bulgaria in Article 24, para 1, p.9 of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.9 от Закона за авторското право и сродните му права)
In Belgium in Article XI.190, 12° of the Code of Economic Law (CEL)
In Greece in Article 22 of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues (updated up to the Law 4672/2020).
In Malta in Article 9(1)d of Chapter 415 of the Laws of Malta