Copyright Act * TABLE OF CONTENTS **
Use of works of art and buildings ....................................................................... 25-25a Presentation of a current event................................................................................. 25b * Finnish title: Tekijänoikeuslaki. Chapter 2a: Compensation for the copying of a work for private use ..................... 26a-26h Chapter 2b: Resale remuneration ............................................................................. 26i-26m Art. 1. A person who has created a literary or artistic work shall have copyright therein, whether it be a fictional or descriptive representation in writing or speech, a musical or dramatic work, a cinematographic work, a photographic work or other work of fine art, a product of architecture, artistic handicraft or industrial art or a work expressed in some other manner. (446/1995)
Maps and other descriptive drawings or graphically or three-dimensionally executed works and also computer programs shall likewise be considered literary works. (34/1991)
Art. 2. Subject to the limitations stated hereinafter, copyright includes the exclusive right to dispose of the work by making copies of it and by making it available to the public, in either the original or an altered form, in translation or adaptation, in another literary or artistic form or by other technical means.
The recording of a work on a device by which it can be reproduced shall also be considered the making of copies.
A work is made available to the public when it is performed in public or when copies of it are offered for sale, rental or lending, or are otherwise distributed to the public or publicly exhibited. A performance that takes place within the framework of commercial activities for a comparatively large, closed group of persons shall also be considered a public performance.
Art. 3. When copies of a work are made or when the work is made available to the public in its entirety or in part, the name of the author shall be stated in the manner required by proper usage.
A work may not be altered in a manner that is prejudicial to the author’s literary or artistic reputation or to his individuality, nor may it be made available to the public in such a form or context as to prejudice the author in the manner stated.
The author may waive his rights under this Article with binding effect only in relation to use that is limited in character and extent.
Art. 4. A person who translates or adapts a work or converts it into some other literary or artistic form shall have copyright in the work in that new form, but his right to dispose of it shall be subject to the copyright in the original work.
If a person has drawn freely on a work to create a new and independent work, his copyright shall not be subject to the right in the original work.
Art. 5. A person who, by combining works or parts of works, creates a literary or an artistic compilation shall have copyright therein, but his rights shall not restrict the rights in the individual works.
Art. 6. If a work has two or more authors whose contributions do not constitute independent works, the copyright shall belong to the authors jointly. However, each one of them is entitled to bring an action for infringement.
Art. 7. The person whose name or generally known pseudonym or signature is shown in the usual manner on the copies of a work or when the work is made available to the public shall be deemed to be the author in the absence of proof to the contrary.
If a work is published without the name of the author being shown in the manner described in the first paragraph, the editor, if named, and otherwise the publisher, shall represent the author until the latter’s name is given in a new edition of the work or in a notification to the competent Ministry.
Art. 8. A work shall be considered disseminated when it is lawfully made available to the public.
A work shall be considered published when copies of it have been placed on sale or otherwise distributed to the public with the consent of the author. (648/74)
Art. 9. There shall be no copyright in laws and decrees, or in decisions and declarations of public authorities and other public bodies.
Art. 10. (669/1971) Notwithstanding the registration of a work as a design in accordance with special provisions, the author may have copyright in it by virtue of this Act.
Additional provisions regarding rights in photographs are laid down in Article 49a . Separate provisions shall be issued on the legal protection of rights in layout-designs of integrated circuits. (446/1995)
Art. 11. (446/1995) The provisions of this Chapter shall not limit the author’s rights under Article 3 more extensively than as provided in Article 25e .
When a work is used publicly on the basis of the provisions of this Chapter, the source shall be stated to the extent and in the manner required by proper usage. The work shall not be altered more than is necessary for the permitted use without the author’s consent.
Art. 12. (446/1995) Any person may make single copies of a disseminated work for his private use. Such copies may not be used for other purposes.
It is also permitted to engage an outsider to make copies that are intended for the private use of the party ordering them.
The provisions of the second paragraph above do not apply to the reproduction of musical works, cinematographic works, utilitarian articles or sculptures, or to the copying of any other work of art by artistic reproduction.
The provisions of this Article do not apply to a machine-readable computer program or to the construction of a work of architecture.
Art. 13. (446/1995) Any person who has received authorization, from an organization representing a large number of Finnish authors in a certain field, to make copies of published works by photocopying or analogous methods of reproduction also has the right to use the same methods to make copies of published works in the same field by an author not represented by the organization. The terms of the said authorization shall be observed in the case of such reproduction. Reproduction in educational activities
Art. 14. (446/1995) Where an organization representing a large number of Finnish authors in a certain field has authorized the copying, by audio or video recording, on agreed terms, of a disseminated work included in a radio or television broadcast for use in educational activities or in scientific research, the recipient of the authorization may on corresponding terms make copies of another work in the same field, included in a broadcast, by an author not represented by the organization. It is permitted, in connection with educational activities, to make copies by direct audio or video recording of a disseminated work performed by a teacher or a student for temporary use in those activities. A copy so made may not be used for any other purpose.
Parts of a disseminated literary work or, when the work is not extensive, the whole work may be incorporated in a test constituting part of the matriculation examination or in any other comparable test. A disseminated work of art may be reproduced in pictorial form for the same purpose.
Art. 15. (446/1995) Copies of disseminated works included in radio and television transmissions may be made by audio and video recording in hospitals, senior citizens’ homes, prisons, and other similar institutions for temporary use in the institution within a short period following the time of the recording.
Art. 16.
� (Law No. 404 of July 8, 1961, as last amended by Law No. 365 of April 25, 1997)
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�Entry into force (of last amending Act): May 15, 1997.
�Source: Communication from the Finnish authorities.
�Note: Translation by the International Bureau of WIPO based on an unofficial translation
�communicated by the Finnish authorities.
** Added by the International Bureau of WIPO.
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� Publicity of documents and judicial procedures ...................................................... 25d
� Alteration of buildings and utilitarian articles ......................................................... 25e
� Special provisions concerning radio and television broadcasts......................... 25f-25i
� Special provisions concerning computer programs ........................................... 25j-25k
� Contractual license 26
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�General provisions 27-29
� Computer programs........................................................................................... 40a-40b
� Portraits made by photographic means .................................................................... 40c
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� Chapter 5. Certain rights neighboring on copyright 45-50
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Chapter 2 (446/1995)
�Limitations on copyright General provisions regarding
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Reproduction for private use
Photocopying
Reproduction in certain institutions
Reproduction in archives, libraries and museums