Finland has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in ยง11a of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for temporary reproduction, which are transient or incidental and which are an integral and essential part of a technological process for the sole purpose of enabling a transmission of a work in a network between third parties by an intermediary, or a lawful use of a work, and which have no independent economic significance.
Implementation details:
Beneficiaries:
- intermediaries (transmission between third parties in a network)
- any user (lawful use)
Purposes:
- transmission in a network between third parties
- other lawful use
Usage:
- temporary acts of reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- photographs
Compensation:
- no compensation required
Attribution:
- the author's name and the source must be, as a general rule, stated to the extent and in the manner required by proper usage
Other Conditions:
- temporary acts of reproduction must be transient or incidental
- temporary acts of reproduction must constitute an integral and essential part of a technical process
- temporary acts of reproduction must have no independent economic significance
Introduced/last updated: 01 January 2006
Remarks: Art.11a of the Copyright Act applies also to performances (art.45(7) of the CA); sound recordings (art.46(3) of the CA); film fixations (art.46a(3) of the CA); broadcasts (art.48(4) of the CA) and photographs (art.49a(3) of the CA).
Art. 11(2) requires that when a work is used publicly under an exception, the author's name and the source must be, as a general rule, stated to the extent and in the manner required by proper usage. It also requires that the work must not be altered more than necessary for the intended use.