Estonia has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in §20.1 and §20.2 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction of works of architecture, works of visual art, works of applied art or photographic works which are permanently located in places open to the public, by any means except for mechanical contact copying, as well as for the communication of such reproductions of works to the public except if the work is the main subject of the reproduction and it is intended to be used for direct commercial purposes. In addition, the commercial use of works of architecture is allowed in real estate advertisements to the extent justified by the purpose permitted.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • not specified (when the work is not the main subject of the reproduction)
  • non-commercial (when communicating the work as the main subject of the reproduction)
  • for the purpose of real estate advertisements

Usage:

  • reproduction
  • communication to the public

Subject Matter:

  • works of architecture
  • works of visual art
  • works of applied art
  • photographic works
  • film fixations
  • broadcasts
  • press publications

Compensation:

  • no compensation required

Attribution:

  • if the work carries the name of its author, it shall be indicated
  • use for the purpose of real estate advertisementsif must mention the name of the author

Other Conditions:

  • works must be permanently located in places open to the public
  • reproduction is allowed by any means except for mechanical contact copying
  • if the work is the main subject of the reproduction, communication to the public must be non-commercial only
  • commercial use of works of architecture is allowed in real estate advertisements to the extent justified by the purpose permitted

Introduced/last updated: 30 June 2006

Remarks: 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).