Latvia has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in Section 23, para 2 and 3 and of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows libraries, archives and museums of the state, local government or of other derived public persons, as well as registered libraries of state, local government and other derived public persons, that have access in a closed network to the Latvian Digital Library and are included in the joint state library information system, to make available, without a direct or indirect commercial purpose, the works in their permanent collection, as well as copies thereof made in accordance the law, upon request for the use for scientific research or for self-education purposes, to natural persons who have authorised access to computers specifically set up in the premises of the relevant library, archive or museum. Such service shall be ensured by the relevant library, archive or museum by using exclusively the intranet that has special protection.

Implementation details:

Beneficiaries:

• libraries, archives and museums of the state, local government or of other derived public persons
• registered libraries of state, local government and other derived public persons, that have access in a closed network to the Latvian Digital Library and are included in the joint state library information system

Purposes:

• non-commercial, for the use for scientific research or for self-education purposes of natural persons

Usage:

• making available (by using exclusively the intranet that has special protection)

Subject Matter:

• works

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• works used must be in beneficiaries' permanent collection
• use must exclude any direct or indirect commercial purpose
• use of copies is subject to the conditions of §23(1) of the CA
• use is made upon request by natural persons who have authorised access to computers specifically set up in the premises of the relevant library, archive or museum
• use is made for scientific research or for self-education purposes of natural persons
• the service must be ensured by the relevant library, archive or museum by using exclusively the intranet that has special protection

Introduced/last updated: 22 April 2004

Remarks: The exception extends to neighbouring rights as per Section 54, para 3(3) of the CA, however in this case is rendered unusable by the restriction regarding digital reproduction. In practice, the exception can apply to the making available of out-of-commerce subject matter only, and is subject to contractual override.