Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc)

This (optional) exception or limitation allows broadcasting organisations to make ephemeral recordings of works, made by means of their own facilities and for their own broadcasts. The EU Court of Justice has pronounced ‘by means of its own facilities’ an autonomous concept of EU law in TV2 Danmark (Case C-510/10), interpreting it as meaning that a broadcasting organisation’s own facilities include the facilities of any third party acting on behalf of or under the responsibility of that organisation. The exception also allows broadcasting organisations to preserve records of important documentary value in official archives.

This exception has been implemented in the following Member States:

In Croatia in Article 190 of the Copyright and Related Rights Act
In The Netherlands in Article 17b Auteurswet
In Romania in Article 39 of the Law No 8/1996 on copyright and related rights
In Slovakia in Section 40 of the Copyright Act
In Spain in Article 36(3) of Law 23/2006
In Estonia in §23 of the Copyright Act
In Czech Republic in Section 38a(2) of the Copyright Act
In Finland in §25f (2) of the Copyright Act
In Sweden in Article 26e of the Act (1960:729) on copyright in literary and artistic works
In Belgium in Article XI.190, 14° of the Code of Economic Law (CEL)
In Portugal in Articles 187(1)(c) and 189(1)(d) and (e) Código do Direito de Autor e dos Direitos Conexos
In Hungary in Section 35(7) of the Copyright Act
In Slovenia in Article 77 of the Copyright and Related Rights Act
In Latvia in Section 27 and of the Copyright Act
In Luxembourg in Article 10, 9° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données
In Poland in Article 23'' of the Copyright and Related Rights Act
In Ireland in Sections 99 and 105 of the Copyright and Related Rights Act
In Denmark in § 31 of the Copyright Act
In Italy in Article 55 of the Law for the Protection of Copyright and Neighbouring Rights
In Lithuania in Article 29(2) of the Law of 18 May 1999 No VIII- 1185 on Copyright and Related Rights
In Bulgaria in Article 24, para 1, p.12 of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.12 от Закона за авторското право и сродните му права)
In Malta in Article 9(1)e of Chapter 415 of the Laws of Malta
In Germany in Section 55 of the Act on Copyright and Related Rights (UrhG)