Estonia has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in §18 and §26 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Estonian copyright law envisages two separate provisions concerning personal use. §18 of the CA allows for the reproduction and translation of lawfully published works by natural persons for the purposes of personal non-commercial use. However, it expressly excludes from its scope (1) works of architecture and landscape architecture; (2) works of visual art of limited edition and (4) notes in reprographic form. § 26 allows for the reproduction of audiovisual works or sound recordings of such works for the private use of natural persons.

Implementation details:

Beneficiaries:

  • natural persons

Purposes:

  • personal non-commercial use

Usage:

  • reproduction
  • translation (of lawfully published works)

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts
  • press publications

Compensation:

  • authors and publishers are entitled to receive equitable remuneration for the reprographic reproduction of their works in the cases specified in subsection 18(1) of the CA (§ 27'(1) CA). In other cases of §18(1) of the CA no remuneration is envisaged
  • the author as well as the performer of the work and the producer of phonograms have the right to obtain equitable remuneration for personal use of the work or phonogram according to § 27 of the CA (§ 26(2) CA).

Attribution:

  • no attribution required

Other Conditions:

  • works used by natural persons for the purposes of personal non-commercial use must be lawfully published
  • works of architecture and landscape architecture; works of visual art of limited edition and notes in reprographic form are expressly excluded from the scope of the exception
  • temporary acts of reproduction must not have independent commercial purpose

Introduced/last updated: 30 June 2006

Remarks: The provision concerns copyrighted works. The exception is extended to related rights with a reference in § 75 (1).