Latvia has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in Article 19(1) 2) and 4), Article 21, Article 212 and Article 54(3) 2) of the Copyright Act. The national exception closely resembles the EU exception.

Implementation summary:

Latvia has a general education exception and a general research exception, open to all digital and non-digital uses of all types of copyrighted works (Article 21). There is also a general text and data mining (TDM) exception for research purposes that follows Article 3 of the DSM Directive closely, except that it is not limited to scientific research (Article 212). These general exceptions apply to performances, phonograms, film fixations, broadcasts and press publications (Article 54(3) 2)). 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 (education exception)
  • anyone (research exception)
  • research organisations and cultural heritage institutions (TDM exception for research)

Purposes:

  • illustration in the educational process, with non-commercial purposes (education exception)
  • research, with non-commercial purposes (research exception)
  • to perform text mining and data mining for research purposes (TDM exception for research)

Usage:

  • any uses of published works, performances, phonograms, film fixations, broadcasts, press publications (education exception)
  • any uses of published works, performances, phonograms, film fixations, broadcasts, press publications (research exception)
  • reproduction of lawfully accessible works, performances, phonograms, film fixations, broadcasts, press publications (TDM exception for research)

Subject Matter:

  • published works, performances, phonograms, film fixations, broadcasts, press publications (education exception and research exception)
  • lawfully accessible works, performances, phonograms, film fixations, broadcasts, press publications (TDM exception for research)

Compensation:

  • no compensation required (all exceptions)

Attribution:

  • the title of the work, the source and name of the author (education exception and research exception)
  • no attribution required (TDM exception for research)

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 (education exception)]
  • map[lawful access:only works or other subject matter to which the beneficiaries have lawful access to can be reproduced and extracted under the exception (TDM exception for research)]
  • map[storage and retention:copies shall be stored with an appropriate level of security and may be retained for as long as it is necessary for research purposes, including the verification of research results (TDM exception for research)]
  • 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 (all exceptions)]

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)). The education exception covers 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 exception, 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 education exception 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'.
There is a general research 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)). The research exception covers 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 research exception.
There is a general text and data mining (TDM) exception for research purposes, covering reproductions of copyrighted works (Article 19(1) 4) and Article 212) as well as reproductions of performances, phonograms, film fixations, broadcasts and press publications (Article 54(3) 2)). The TDM exception for research purposes follows Article 3 of the DSM Directive closely, except that it is not limited to scientific research.