Latvia has implemented the Use in digital and cross-border teaching activities (Art. 5 DSM) exception in Article 19(1) 2)), Article 21, Article 54(3) 2), and Article 59(1) 2) of the Copyright Act. The national exception closely resembles the EU exception.

Implementation summary:

Latvia has a general education exception, open to all digital and non-digital uses of all types of copyrighted works (Article 21). This general exception applies to performances, phonograms, film fixations, broadcasts and press publications (Article 54(3) 2)). In addition, there is a specific education exception applicable to databases protected by the sui generis right, subject to the same conditions. None of the exceptions are subject to compensation.

Implementation details:

Beneficiaries:

• anyone, except if the use takes place through a secure electronic environment, in which case only students and persons implementing the educational program can access it

Purposes:

• illustration in the educational process, with non-commercial purposes

Usage:

• any uses of published works, performances, phonograms, film fixations, broadcasts, press publications
• extraction and re-utilization of databases protected by sui generis rights

Subject Matter:

• published works, performances, phonograms, film fixations, broadcasts, press publications, databases protected by sui generis right

Compensation:

• no compensation required

Attribution:

• the title of the work, the source and name of the author

Other Conditions:

• map[technological limitations:distant educational uses must take place via a secure electronic environment that is accessible only to students and persons implementing the educational program]
• map[3-step test:exceptions shall be applied in such a way that they do not conflict with the normal exploitation of the author's work and do not unreasonably prejudice the legitimate interests of the author]

Introduced/last updated: 23 March 2023

Remarks: There is a general education exception covering uses of copyrighted works (Article 19(1) 2) and Article 21) as well as uses of performances, phonograms, film fixations, broadcasts and press publications (Article 54(3) 2)). In addition, there is a specific education exception applicable to the extraction and re-utilization of databases protected by the sui generis right, which is subject to the conditions set forth in the general education exception (Article 59(1) 2)).
The education exceptions cover both digital and non-digital uses, to the extent necessary for the non-commercial purpose to be achieved, without compensation. Anyone can benefit from the education exceptions, except in the case of distance uses, where only students and persons implementing the educational program are allowed to access the secured electronic environment where the use must take place. The provision clarifies that “illustration for in the educational process” means uses that support, enrich or supplement the learning process, in accordance with recital 21 of the CDSM Directive. It further clarifies the meaning of “secured electronic environment”, in line with recital 22 of the CDSM Directive. Furthermore, it goes a step further than the EU lawmaker in terms of cross-border uses, by creating a legal presumption that Latvia is the location to be considered when an educational institution is not established in the European Union or the European Economic Area, but operates in Latvia and implements a curriculum on the subject Latvian Studies.