Latvia has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Section 27 and of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows broadcasting organisations to make, on their own account for their own use, ephemeral recordings of works which they have the right to use in broadcasting. The beneficiaries have the obligation to destroy such recordings within one month after their preparation, if there has not been an agreement with the author regarding a longer storage time. Recordings of works that have a particular documentary or cultural and historical significance may be preserved in official archives.
Implementation details:
Beneficiaries:
- broadcasting organisations
Purposes:
- for beneficiaries' own use
- archivation
Usage:
- ephemeral recordings
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- works must be used on beneficiaries' own account for their own use
- beneficiaries must have the right to use said works in broadcasting
- beneficiaries have the obligation to destroy recordings within one month after their preparation, unless an agreement with the author sets a longer storage time
- preservation in official archives is possible for recordings of works that have a particular documentary or cultural and historical significance
Introduced/last updated: 22 April 2004
Remarks: The exception extends to neighbouring rights as per Section 54(3)2 of the CA 'Restrictions on Rights of the Neighbouring Rightholders
