Latvia has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Section 23, para 1 and of the Copyright Act. The national exception is much more restrictive than the EU exception.

Implementation summary:

This exception allows librares, archives or museums to make one copy of a work existing in their permanent collection by means of reproduction, without a direct or indirect commercial purpose, in order to preserve it or to replace a work from the permanent collection of the relevant or any other library, archive or museum if such work has been damaged or has become unusable on the condition that it is not possible to obtain a copy in some other acceptable manner, and the reproduction is repeated in separate and mutually unrelated cases. Only such works that have been published in Latvia and are not available commercially are permitted to be reproduced in a digital format, unless an agreement with the author determines otherwise.

Implementation details:

Beneficiaries:

  • librares, archives or museums

Purposes:

  • preservation
  • replacing a damaged or unusable copy

Usage:

  • reproduction (in one analogue copy)

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • works used must be in beneficiaries' of other CHIs' permanent collection
  • use must exclude any direct or indirect commercial purpose
  • works used must have become damaged or unusable
  • use is conditioned by the impossibility to obtain a copy in some other acceptable manner
  • reproduction is allowed only in separate and mutually unrelated cases
  • reproduction is allowed only in analogue manner
  • reproduction in a digital format is allowed only for out-of-commerce works that have been published in Latvia, and unless an agreement with the author determines otherwise

Introduced/last updated: 22 April 2004

Remarks: The exception extends to neighbouring rights as per Section 54, para 3(3) of the CA. Digital reproduction is once again restricted to out-of-commerce subject matter, and is subject to contractual override.