Use of public speeches and public lectures (Art. 5.3(f) InfoSoc)
This (optional) exception or limitation allows reproduction, communication to the public or making available to the public - by any user, of political speeches, extracts of public lectures or similar works or subject matter. The permitted use must be to the extent justified by the informatory purpose. Both the source and the author's name must be indicated, unless impossible.
The EU Court of Justice gave an autonomous interpretation of the term ‘to the extent justified by the informatory purpose’ in Spiegel Online (C-516/17), as meaning that the use of the protected work must not be extended beyond the confines of what is necessary to achieve the informatory purpose.
This exception has been implemented in the following Member States:
- In Croatia in Article 201 of the Copyright and Related Rights Act
- In The Netherlands in Artikel 15b Auteurswet
- In Ireland in Section 89(1) of the Copyright and Related Rights Act
- In Austria in Section 43 of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
- In Romania in Article 35, para 2, (a) of the Law No 8/1996 on copyright and related rights
- In Poland in Article 26' of the Copyright and Related Rights Act
- In Slovakia in Section 39(3) of the Copyright Act
- In Spain in Article 37(1) of Law 23/2006
- In Czech Republic in Section 34(d) of the Copyright Act
- In Finland in §25c of the Copyright Act
- In Sweden in Article 26 of the Act (1960:729) on copyright in literary and artistic works
- In Hungary in Section 36(1) of the Copyright Act
- In Slovenia in Article 48(1)3. of the Copyright and Related Rights Act
- In Latvia in Section 20, para 3 and of the Copyright Act
- In Luxembourg in Article 10, 8° and 13° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données
- In Germany in Section 44 of the Act on Copyright and Related Rights
- In Italy in Article 66 of Law for the Protection of Copyright and Neighbouring Rights
- In Lithuania in Article 24(1), p.3 of the Law of 18 May 1999 No VIII- 1185 on Copyright and Related Rights
- In Bulgaria in Article 24, para 1, p.4 of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.4 от Закона за авторското право и сродните му права)
- In Greece in Article 25(1)b of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues
- In France in Article L122-5, 3° (c) of the Intellectual Property Code
- In Portugal in Article 7(1)(d) and 75(2)(b) Código do Direito de Autor e dos Direitos Conexos
- In Malta in Article 9(1)m of Chapter 415 of the Laws of Malta
- In Denmark in §§ 26 and 32 of the Copyright Act