Finland has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in §25(1), p.2 and §25b of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

The Finnish Copyright Act contains several provisions allowing for uses linked to the reporting of current events. § 25(1), p.2 allows for works of fine art which have been made public to be displayed in a newspaper or a periodical when reporting on a current event, provided that the work has not been created for reproduction in a newspaper or a periodical. §25b allows for works which are being seen or heard in the course of a current event to be included in the presentation in a radio or a television broadcast or as a film to the extent necessary for the informational purpose. When short extracts from a television transmission are used in accordance with §48(5) for the purpose of news reports on events of high interest to the public, a work included in the transmission may be incorporated into the news report.

Implementation details:

Beneficiaries:

• newspapers or periodicals (§25(1))
• any user (§25b)

Purposes:

• informatory purpose (reporting of current events)

Usage:

• reproduction
• communication to the public

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:

• if a work of fine art has been created for reproduction in a publication in a newspaper or a periodical, it cannot be used under the exception as per §25(1), p.2
• works used must be seen or heard in the course of a current event (art.25b)
• the works must be used in connection with information concerning the current event through radio, television, direct communication or film (art.25)
• use must be limited to the extent called for by the information purpose (art.25b)

Introduced/last updated: 01 January 2006

Remarks: Apart from §25(1), p.2, and 25b, §48 (5) allows for transmitting organisations established within a country member of the European Economic Area to make use of short extracts from a television broadcast of an event of significant public interest in its own television broadcasts constituting general news programs. Although connected to the reporting of current events exception, the provisions of §48(5) seem to implement the requirements of the AVMS Directive and the ECTT on “events of major importance for society” and “events of high interest to the public”.

The exception under §25b also applies to performances (§45(7) of the CA); sound recordings (§46(3) of the CA); film fixations (§46a(3) of the CA); broadcasts (§48(4) of the CA) and photographs (§49a(3) of the CA).

§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.