Finland has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in §25a, para 3 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the free reproduction of a building in pictorial form. It aslo allows for other works of art to be reproduced in pictorial form, if they are permanently placed at, or in the immediate vicinity of, a public place. If the work of art is the leading motive of the picture, the picture may not be used for the purpose of gain. A picture having a material connection to the text may, however, be included in a newspaper or a periodical.

Implementation details:

Beneficiaries:

• any user

Purposes:

• not specified (for buildings)
• accessory use (the work of art must not be the leading motive of the picture)
• non-commercial purposes (if the work of art is the leading motive of the picture)

Usage:

• reproduction

Subject Matter:

• buildings
• other works of art

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:

• works of art, other then buildings, used must permanently placed at, or in the immediate vicinity of, a public place
• use must be in accordance with proper usage
• use must be limited to the extent necessary for the purpose

Introduced/last updated: 01 January 2006

Remarks: The exception does not apply to neighbouring rights.

§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.