Estonia has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in §19, para 6 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the reproduction, distribution and communication to the public of lawfully published works in the interests of disabled persons in a manner which is directly related to their disability on the condition that such use is not carried out for commercial purposes. Works created especially for disabled persons may not be reproduced, distributed and made available without the authorisation of the author.
Implementation details:
Beneficiaries:
- any user
Purposes:
- in the interests of disabled persons
- non-commercial
Usage:
- reproduction
- distribution
- communication to the public
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- press publications
Compensation:
- no compensation required
Attribution:
- mention must be made of the name of the author of the work, if it appears thereon, as well as of the name of the work and the source publication
Other Conditions:
- works must be used in a manner which is directly related to beneficiaries' disability
- use must not be carried out for commercial purposes
- works created especially for disabled persons may not be reproduced, distributed and made available without the authorisation of the author
Introduced/last updated: 30 June 2006
Remarks: §19 of the CA requires that the name of the author of the work, if it appears thereon, the name of the work and the source publication shopld be mentioned as a general prinicpal.
The provision concerns copyrighted works. The exception is extended to related rights with a general reference to "other cases where the rights of authors of works are limited pursuant to Chapter IV of this Act" in § 75 (6).
