Reproduction of broadcasts by social institutions (Art. 5.2(e) InfoSoc)

This (optional) exception or limitation allows social institutions pursuing non-commercial purposes (such as hospitals or prisons), to reproduce works and other protected subject matter (other than databases and software). The exception is conditioned by a mandatory requirement of payment for 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 Croatia in Article 183 of the Copyright and Related Rights Act
• In Romania in Article 35, para 1, (c) of the Law No 8/1996 on copyright and related rights
• In Czech Republic in Section 38e of the Copyright Act
• In Finland in §15 of the Copyright Act
• In Belgium in Article XI.190, 17° of the Code of Economic Law (CEL)
• In Portugal in Article 75(p) Código do Direito de Autor e dos Direitos Conexos
• In Italy in Article 71 quater of the Law for the Protection of Copyright and Neighbouring Rights
• In Denmark in § 15 of the Copyright Act
• In Malta in Article 9(1)f of Chapter 415 of the Laws of Malta