ORGANIZACIÓN MUNDIAL IP /N/1/FIN/C/1 
15 de marzo de 1996 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de 
Propiedad Intelectual relacionados con el Comercio (96-0919) 
Original: inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
Finlandia 
El presente documento reproduce1 las leyes y reglamentos siguientes, notificados por Finlandia 
en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/l/FIN/1): 
Ley de Derecho de Autor, de 8 de julio de 1961, y sus 
modificaciones hasta el 1 ° de enero de 1996 
Decreto sobre Derecho de Autor, de 21 de abril de 1995 
Decreto de 21 de abril de 1995 de aplicación de la 
Ley de Derecho de Autor en determinados casos a 
obras protegidas originarias de Estados pertenecientes 
al Espacio Económico Europeo 
1 En inglés solamente. 2 
39 
48 IP/NIlIFIN/C/l 
Page 2 
FINLAND 
COPYRIGHT ACT 
Act No. 40411961 issued on July 8, 1961, as amended up to January 1, 1996 
CHAPTER 1 
Subject matter and scope 
Article 1 Unofficial translation 
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, and whether it be a musical or dramatic 
work, a cinematographic work, a photographic work or other work of fine art, a product of 
architecture, artistic handicraft, industrial art, or expressed in some other manner. (446/95) 
Maps and other descriptive drawings or graphically or three-dimensionally executed works, and 
computer programs, shall also be considered literary works. (34/91) 
Article 2 
Within the limitations stated hereinafter, copyright shall include the exclusive right to control a 
work by producing copies thereof and by making it available to the public, be it in the original or an 
altered form, in translation or adaptation, in other literary or artistic form, or by other technical 
means. 
The recording of a work on contrivances by which it can be reproduced shall also be considered 
a production 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 otherwise distributed to the public or publicly exhibited. The 
performance of a work at a place of business for a comparatively large closed group of people shall 
be considered a public performance. 
Article 3 
When copies of a work are produced, or when it is made available to the public, the name of the 
author shall be stated to the extent and in the manner required by proper usage. 
A work may not be altered in a manner which 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 prej udice the author in the manner stated. 
The author may with binding effect waive his right under this section only in regard to clearly 
specified uses of the work. Article 4 IP/NIlIFIN/CI 1 
Page 3 
A person who translates or adapts a work or converts it into some other literary or artistic form 
shall have copyright in the new work in this form, but his right to control it shall be subject to the 
copyright in the original work. 
If any person by using freely a work has created a new and independent work, his copyright 
shall not be subj ect to the right in the original work. 
Article 5 
A person who, by combining works or parts of works, creates a literary or artistic compilation 
work shall have copyright therein, but his right shall not restrict the rights in the individual works. 
Article 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 may bring an action for 
infringement. 
Article 7 
The person whose name or generally-known pseudonym or signature is stated 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 stated in the manner described in 
the first paragraph, the editor, if he is named, and otherwise the publisher, shall represent the author 
until his name is stated in a new edition of the work or in a notification to the competent Ministry. 
Article 8 
A work is considered disseminated when it is lawfully made available to the public. 
A work shall be considered published when copies thereof have first been placed on sale or 
otherwise distributed to the public with the consent of the author. (648/74) 
Article 9 
There shall be no copyright in laws and decrees, or in decrees and declarations of public 
authorities and other public organizations. 
Article 10 
Despite the registration of a work as a design in accordance with special provisions, the author 
may have therein rights based on this Act. (669/71) IP/N/lIFIN/C/1 
Page 4 
Provisions regarding rights in a photographic picture are additionally prescribed in Article 49 a. 
Separate provisions shall be issued regarding the legal protection of rights in layout-designs of 
integrated circuits. (446/95) 
CHAPTER 2 (446/95) 
Limitations on copyright 
General provisions regarding limitations 
Article 11 
The provisions of this Chapter shall not limit the author's rights under Article 3 more extensively 
than as provided in Article 25 e. 
When a work is publicly reproduced according to the provisions of this Chapter, the source shall 
be stated to the extent and in the manner required by proper usage. Without the consent of the 
author, the work shall not be altered more than necessitated by the permitted use. 
Copying for private use 
Article 12 
Anyone may reproduce in a few copies 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 reproduce copies which are intended for the private 
use of the party ordering the copies. 
What is provided in the second paragraph shall not concern the reproduction of musical works, 
cinematographic works, useful articles, sculptures, or the copying of any other artistic work by 
artistic reproduction. 
The provisions of this Article shall not apply to a computer-readable computer program or to the 
construction of an architectural work. 
Photocopying 
Article 13 
Anyone who has received authorization, from an organization representing a large number of 
Finnish authors in a certain field, to reproduce p'ublished works by photocopying or analogous 
methods of reproduction shall also have the right to reproduce by the same methods published works 
of the same field the author of which is not represented by the organization. The conditions 
determined in the authorization shall be observed in the case of such reproduction. Copying in educational activities 
Article 14 IP/N/1/FIN/C/l 
Page 5 
Whenever an organization representing a large number of Finnish authors in a certain field has 
given an authorization for the making, on agreed-upon conditions, of copies by audio or video 
recording of a disseminated work included in a radio or television broadcast, for use in educational 
activities or in scientific research, the recipient of such an authorization may on corresponding 
conditions make copies also of a work in the same field, included in a broadcast, the author of which 
is not represented by the organization. 
In educational activities it is permitted to reproduce by direct audio or video recording a 
disseminated work performed by a teacher or a student, for temporary use in educational activities. A 
copy thus made shall not be used for any other purpose. 
Parts of a published literary work or, when the work is not extensive, the whole work, may be 
incorporated into a test constituting part of the matriculation examination or into any other analogous 
test. A picture of a published work of art may be reproduced for the same purpose. 
Copying in certain institutions 
Article 15 
In hospitals, senior citizens' homes, prisons, and other similar institutions, published works 
included in radio and television broadcasts may be reproduced by audio and video recording for 
purposes of temporary use in the institution within a short period from the time of the reproduction. 
Copying in archives, libraries and museums 
Article 16 
Archives, libraries and museums, as defined by decree, shall have the right to make copies of a 
work for the purpose of their activities, on the conditions defined in the decree. 
The provisions of the Act Regarding the Delivery and Deposit of Films in Archives (576/84) 
shall be in force regarding the right of the Finnish Film Archive to make copies of a work included 
in a publicly shown Finnish film or in the advertising or other publicity materials of such a film. 
Copying for handicapped persons 
Article 17 
A published literary or musical work may be reproduced with the purpose of rendering the text 
readable by visually handicapped persons. 
Institutions, as defined by decree, shall have the right, on the conditions defined in the decree, to 
make copies of a published literary work by sound reproduction for the purpose of being loaned to IP/NI 1 IFIN/CI 1 
Page 6 
visually handicapped persons and to persons who, because of some other handicap or illness, are 
unable to use books in the conventional manner. 
Compilation works for use in education 
Article 18 
Minor parts of a literary or musical work or, if such a work is not extensive, the whole work, 
may be incorporated into a compilation work consisting of works of a plurality of authors and 
intended for use in education, after five years have passed since the year during which the work was 
published. In connection with the text, a picture of a published work of art may be reproduced. The 
provisions of this article shall not apply to a work created for use in education. 
The author shall be entitled to compensation for reproduction under the preceding paragraph. 
Distribution of copies of a work 
Article 19 
When a copy of a work has been sold or otherwise permanently transferred with the consent of 
the author, the copy may be further distributed. 
Whatever is provided in the first paragraph shall not apply to making a copy of a work available 
to the public by rental or by a comparable legal act. However, a product of architecture, artistic 
handicraft, or industrial design may be rented to the public. 
Whatever is provided in the first paragraph shall not apply to making a copy of a 
cinematographic work or of a computer-readable computer program available to the public by 
lending. 
The author shall have the right to compensation for the lending of copies of a work to the 
public, with the exception of products of architecture, artistic handicraft or industrial design. 
Compensation may be claimed only for lending which has taken place within the last three calendar 
years. However, a right to compensation shall not exist if the lending is from a public library or 
from a library serving research or educational activities. 
Displaying of works 
Article 20 
Whenever a copy of a work has, with the consent of the author, been sold or otherwise 
permanently transferred, or whenever such work' has been published, the work may be publicly 
displayed. Public perfonning 
A.,ticle 21 IP/N/I/PIN/C/l 
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A published work may be publicly performed at divine services and in connection with 
education. 
A published work may also be publicly performed in cases where the performance is not the 
main feature of an event, provided that no admission fee is charged and the event is not conducted 
for profit. It may also be publicly performed in connection with educational extension programmes 
and for charitable or other non-profit purposes, provided the performer or, if there are several, all the 
performers receive no payment for their performance. 
Whatever is provided in the first and second paragraphs shall, however, not apply to dramatic or 
cinematographic works. 
Quotation 
Article 22 
A disseminated work may be quoted, in accordance with proper usage, to the extent necessary 
for the purpose. 
An article on a current topic 
Article 23 
Articles in newspapers and periodicals on current religious, political, or economic topics may be 
included in other newspapers and periodicals, unless reproduction is expressly prohibited. 
Concert programs 
Article 24 
If a musical work is performed with text, the text may be reproduced on concert programmes, 
etc., for the use of the audience. 
Reproduction of works of art and buildings 
Article 25 
Pictures of a disseminated work of art, associated with the text, may be reproduced: 
(l) in a critical or learned presentation; and 
(2) in a newspaper or a periodical when reporting on a current event, provided that the work has 
not been created in order to be reproduced in a newspaper or a periodical. 
After a copy of a work of art has been sold or otherwise permanently transferred with the 
consent of the author, or after a work of art has been published, the work of art may be incorporated IP/N/lIFIN/CI 1 
Page 8 
into a photographic picture, a film, or a television program, provided such reproduction is of 
secondary importance in the photograph, film or program. 
A.,ticle 25 a 
A work of art included in a collection, or exhibited, or placed on sale, may be reproduced in 
catalogues and notices concerning the exhibition or sale. 
A work of art may also be reproduced in pictorial form when it is permanently situated outdoors 
or at a public place. If the work of art is the principal topic of the picture, the picture shall not be 
used for the purpose of gain. A picture relevant to a text may, however, be reproduced in a 
newspaper or a periodical. 
A building may be freely reproduced in pictorial form. 
Reproduction of a current event 
Article 25 b 
In the reproduction of a current event in a radio or television broadcast or as a film, a work 
visible or audible in the current event may be included in the reproduction to the extent required by 
the informational purpose. 
Reproduction of public statements 
Article 25 c 
Oral or written statements in a public representation or before an authority or at public meetings 
concerning community problems may be reproduced without the author's consent; however,' opinions 
as well as writings or similar works, referred to as evidence, may be reproduced only in connection 
with an account of the case or the matter in which they were used and only to the extent required by 
the purpose of such account. The author shall have the exclusive right to publish a compilation of 
his statements. 
Publicity of documents and administration of justice 
Article 25 d 
Copyright shall not limit the right, prescribed in law, to obtain information from a public 
document. 
A work may be used when the administratioh of justice or public security so requires. 
A work used in accordance with the first and second paragraphs above may be quoted in 
accordance with Article 22. Altering of buildings and useful objects 
Article 25 e IP/N/lIFIN/C/l 
Page 9 
Buildings and useful articles may be altered by the owner without the consent of the author, if 
considerations of a technical nature or reasons connected with the use so require. 
Special provisions concerning radio and television broadcasts 
Article 25 f 
A broadcasting organization, whenever the organization has the right to broadcast works on the 
basis of an agreement signed with an organization representing a large number of Finnish authors in 
a specific field, may also broadcast a work in the same field by an author not represented by the 
organization. Whatever is provided in this paragraph shall not, however, apply to a dramatic work, a 
cinematographic work, or even other works if the author has prohibited their broadcasting. 
Whatever is provided in the first paragraph shall not be applied to the retransmission of a work 
included in a radio or television broadcast, the retransmission taking place simultaneously with the 
original broadcast and without any change in the broadcast. 
Whatever is provided in the first paragraph shall apply to radio or television broadcasts by 
satellite only if the satellite broadcast is simultaneous with the terrestrial broadcast by the same 
broadcasting organization. 
Article 25 g 
If a broadcasting organization has the right to broadcast a work, the organization may also, on 
conditions to be stipulated by decree, for use in its own broadcasts, record the work on a contrivance 
by which it can be reproduced. The right to make the work available to the public by means of such 
recording shall be subject to the rules stated elsewhere. 
A broadcasting organization may, when fulfilling his recording obligation based on law, 
reproduce or have reproduced by a third person a copy of a work included in a transmitted program. 
Of a work included in a current events or news program broadcast on radio or television, a few 
copies may be made for the internal communication purposes of a public authority, entrepreneur, or 
some other organization. 
Article 25 h 
Whenever an organization representing a large number of Finnish authors and approved by the 
Ministry of Education has given an authorization permitting a work included in a radio or television 
broadcast to be retransmitted on the agreed-upon terms and conditions for reception by the public, 
simultaneously with the original broadcast and without any change in the broadcast, the recipient of IP/N/1 IFIN/CI 1 
Page 10 
the authorization may, on the terms and conditions of the authorization, respectively retransmit also a 
work, included in the broadcast, the author of which is not represented by the organization. 
Whatever is provided in the first paragraph shall not be applied to cable retransmission of a 
work included in a broadcast originating in another State belonging to the European Economic Area, 
provided its author has transferred the right to its cable retransmission to the broadcasting 
organization the broadcast of which the retransmission concerns. 
Any authorizations concerning the cable retransmission of works included in a broadcast, as 
defined in the second paragraph above, shall be granted simultaneously. 
Whatever is provided in the first paragraph shall be applicable to a cable transmission of a radio 
or television broadcast only if the broadcast originates in another State belonging to the European 
Economic Area. 
Article 25 i 
A cable operator and other body retransmitting a radio or television broadcast may retransmit 
simultaneously with the original broadcast and without any change in the broadcast by a conductive 
device for reception by the public a work included in a radio or television broadcast referred to 
Article 16 (1213/92) of the Cable Act. 
The author shall be entitled to compensation for the retransmission. The compensation can be 
paid only through an organization referred to in Article 25 h. Unless the compensation is claimed 
verifiably within three years from the end of the year during which the right to compensation came 
into being, the right to compensation shall expire. 
More detailed provisions regarding the application of the present Article shall, when necessary, 
be issued by decree. 
Special provisions concerning computer programs 
Article 25 j 
Whoever has legally acquired a computer program shall be entitled to prepare whatever copies of 
the program and make whatever alterations to the program are necessary for the use of the program 
for the intended purpose. This shall also apply to the correction of errors. 
\Vhoever has a right to use a computer program shall be entitled to prepare a back-up copy of 
the program, provided this is necessary for the use of the program. 
Whoever has a right to use a computer program shall be entitled to observe, study or test the 
functioning of the computer program in order to determine the ideas and principles which underlie 
any element of the program if he does so while performing the acts of loading, displaying, running, 
transmitting or storing the program. IP/N/1/FIN/C/I 
Page 11 
Any contract term or condition limiting the use of a computer program in accordance with the 
second and third paragraphs shall be without effect. 
Article 25 k 
The reproduction of the code of a program and the translation of its form shall be permissible, 
provided that these acts are indispensable to obtain the information by means of which the 
interoperability of an independently created computer program with other programs can be achieved 
and that the following conditions are met: 
(1) these acts are performed by the licensee or by another person having the right to use a copy 
of the program, or on their behalf by a person authorized to do so; 
(2) the information necessary to achieve interoperability has not previously been readily available 
to the persons defined in subparagraph 1; and 
(3) these acts are confined to the parts of the original program which are necessary to achieve 
interoperability . 
The information obtained under the provisions of the first paragraph shall not, on the basis of 
these provisions: 
(1) be used for goals other than to achieve the interoperability of the independently created 
computer program; 
(2) be given to others, except when necessary for the interoperability of the independently 
created computer program; or 
(3) be used for the development, production or marketing of a computer program substantially 
similar in its expression or for any other act which infringes copyright. 
Any contract term or condition limiting the use of a computer program in accordance with this 
Article shall be without effect. 
Contractual license 
Article 26 
Whatever the organization defined in Article 13, Article 14, first paragraph, Article 25 f, first 
paragraph, or Article 25 h, first paragraph, may have stipulated regarding the distribution of 
compensations to be paid for the reproduction of a work or for the broadcasting of a work to 
authors, shall also be applied to authors who are not represented by the organization. 
If the stipulations issued by the organization' and referred to in the second paragraph do not 
provide, for the authors represented by the organization, the right to individual compensation, an 
author not represented by the organization shall, however, have the right to claim an individual 
compensation. The compensation shall be paid by the organization defined in the first paragraph. The 
right to individual compensation shall, however, have expired if a claim concerning it cannot be IP/N/lIFIN/C/1 
Page 12 
proved to have been presented within three years from the end of the calendar year during which the 
reproduction of the work or the broadcasting of the work took place. 
CHAPTER 2 a (442/84) 
Compensation for the making of copies of a work, for private use 
Article 26 a (442/84) 
Whenever an audio or video tape or any other contrivance on which a sound or an image can be 
recorded and which is suitable for making a copy for private use of a work broadcast by radio or 
television or a work on an audio or video recording, is produced or imported into the country for the 
purpose of distribution to the public, the manufacturer or the importer shall pay a levy, set on the 
basis of the playing time of the contrivance, for use for compensations to be paid out to the authors 
of the said works and for joint purposes of authors. The compensations shall be paid out to the 
authors through an organization representing a large number of Finnish authors in a certain field, 
entitled to compensation. 
Whoever offers for resale a contrivance sold by a manufacturer or importer, as defined in the 
first paragraph, shall, upon request by the organization, as defined in Article 26 b, show that the levy 
has been paid on the contrivance. If the levy has not been paid, the payment of the levy shall be 
made by the resell er. The latter shall, however, be entitled to request from the manufacturer or the 
importer reimbursement of the levy. (1254/94) 
The Ministry of Education shall annually set the amount of the levy after negotiating wlth the 
organizations representing the manufacturers and the importers, as well as the authors, referred to in 
first paragraph. The levy shall be set at such an amount that it can be regarded as fair compensation 
for the making of copies of works for private use. 
Article 26 b (442/84) 
The levy shall be collected by an organization representing a large number of Finnish authors, 
which organization the Ministry of Education has approved for this task for a fixed period of time, at 
maximum for five years. It shall be a prerequisite for the approval that the organization binds itself 
to use a proportion, annually agreed upon by the Ministry of Education and the said organization, of 
the proceeds of the levy for joint purposes of the authors in accordance with a plan approved by the 
Ministry of Education for the use of the levied funds. Article 26 c (442/84) IP/N/1/FIN/C/1 
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The Ministry of Education may issue to the organization more detailed instructions regarding the 
collection of the levy and the management of the funds levied. The Ministry shall control that the 
levy is collected in accordance with the instructions and that the plan for the use of the funds is 
upheld. The Ministry of Education shall have the right to obtain from the organization any 
information necessary for such control. 
The Ministry of Education may withdraw its approval of an organization if the organization does 
not comply with the instructions issued to it or with the plan for the use of the funds, or if it does 
not provide the information required for the control. 
Article 26 d (442/84) 
The organization shall have the right, notwithstanding the secrecy provisions of the Customs Act 
(573/78), to obtain from a customs authority, regarding individual import consignments, any 
information necessary for the collection. 
The manufacturer or importer of a contrivance and, when so separately requested by the 
organization, the seller, as defined in Article 26 a, second paragraph, shall provide the organization 
with the information, necessary for the collection, regarding the contrivances manufactured, imported 
or offered for sale by him. (1254/94) 
Whoever on the basis of the first, second, fifth or sixth paragraph has received information 
regarding the business activities of another shall not use it illegally or reveal it to others. (1254/94) 
A customs authority may hand over a contrivance to the importer only if the importer proves 
that he has made a payment of the levy to the organization or has posted for the organization a 
security, accepted by it, for the making of the payment. The organization may give its consent, for a 
predetermined period or indefinitely, for the handing over of a contrivance before the making of the 
payment or the posting of a security, if there is well-founded ground to presume that the importer 
will make the payment appropriately. The organization may cancel such a consent if the importer 
neglects the making of the payment or the providing of the information referred to in the second 
paragraph. (34/91) 
A county government may, upon application by the organization, obligate the manufacturer, 
importer, or seller, as defined in Article 26 a, second paragraph, to fulfil! his obligation, as defined 
in the second paragraph, under threat of a fine. In the imposition of a conditional fine and in the 
ordering of the payment of such fine, the proviSIons of the Act regarding the Conditional Imposition 
of a Fine (1113/90) shall be complied with. (1254/94) 
The county government shall have the right to conduct an inspection for the purpose of 
surveillance of compliance with the obligation to make payment, as defined in Article 26 a, first 
paragraph. The manufacturer, importer, or seller of a contrivance, as defined in Article 26 a, second IP/NIl/FIN/CI 1 
Page 14 
paragraph, shall admit the person conducting the inspection to any business and storage premises, 
land areas, and vehicles in his possession and, when so requested, present his bookkeeping, business 
correspondence, data processing records, and any other documents which may have significance in 
the surveillance. The person conducting the inspection shall have the right to make copies of the 
documents to be inspected. The person conducting the inspection shall have the right to use as an 
expert a person appointed by the organization. The county government shall have the right to hand 
over to the organization any information necessary for the purposes of collection. (1254/94) 
The police shall be obligated, when necessary, to provide official assistance to the county 
government in the performance of the functions pertaining to the county government under the sixth 
paragraph. (1254/94) 
Article 26 e (442/84) 
Whoever uses or exports a contrivance shall have the right to receive from the organization 
repayment corresponding to the levy paid for contrivances: 
(1) which are exported; 
(2) which are used for professional audio or video recording; 
(3) which are used for the making of audio or video recordings intended for those with impaired 
vision or hearing; and 
(4) which the Ministry of Education has for an especially important reason exempted from the 
levy. 
Unless such repayment is requested verifiably within three months from the end of the year 
during which the right to the repayment came into being, this right shall expire. 
Article 26 f (442/84) 
If it can be proved that the user or the exporter would, under Article 26 e, first paragraph, have 
the right to repayment for all contrivances included in a certain batch manufactured or consignment 
imported, or for a considerable proportion of them, the levy may be left uncollected in respect to it. 
Article 26 g (442/84) 
It shall not be possible to seek change, through appeal, to a Ministry of Education decision by 
which the amount of the levy has been set on the basis of Article 26 a, second paragraph, or by 
which an organization has been approved on the' basis of Article 26 b, or by which a contrivance has 
been granted exemption from the levy on the basis of Article 26 e, first paragraph, fourth 
subparagraph. Article 26 h (442/84) IP/N/l/FIN/C/I 
Page 15 
More detailed provisions regarding the application of Articles 26 a-26 g shall be issued by 
decree. 
CHAPTER 2 b (446/95) 
Resale royalty 
Article 26 i 
For professional and public resale of works of fine art the author has the right to receive as a 
resale royalty 5 per cent of the sales price, not including the value added tax, of the work sold. 
There shall be no right to a resale royalty for the resale of products of architecture or 
photographic works, or for the resale of products of artistic handicraft or industrial design which 
have been produced in a plurality of identical copies. 
The right to royalty shall be in force for the term of copyright protection. The right shall be 
personal and untransferable. However, what is provided in Article 41, first paragraph, shall be 
applied to the right. If there are no right-owners surviving the author, the royalties shall be used for 
the joint purposes of authors. 
Article 26 j 
The resale royalty shall be collected by an organization representing authors, approved for this 
function by the Ministry of Education for a predetermined period, at maximum five years. No appeal 
from the decision of the Ministry of Education regarding the approval of the organization can be 
made. 
The Ministry of Education may issue to the organization more specific regulations regarding the 
collection of the royalties and the use of the royalty funds. The Ministry of Education shall have the 
right to obtain from the organization any information necessary for the purposes of surveillance. 
Article 26 k 
The right to royalty shall come into existence when a work of fine art is sold. The right to 
royalty shall lapse if a claim concerning it has not been presented verifiably to the organization 
within three years from the end of the calendar year during which the resale of the work took place. 
The payment of the royalty shall be the responsibility of a person who engages in the sale of, or 
serves as a middleman for, works of fine art, as defined in Article 26 i. The seller shall be obligated 
to submit annually to the organization, as defined in Article 26 j, an account of the sales of works. 
The seller shall be obligated, when so requested by the organization, to submit to the organization IP/N/I/FIN/C/1 
Page 16 
any information necessary for the verification of the correctness of the payments for at maximum 
three calendar years preceding the year of the payments. 
Article 26 I 
A county government may, upon application by the organization, obligate the seller to fulfill his 
obligation, as defined in Article 26 k, second paragraph, under threat of a fine. In the imposition of a 
conditional fine and in the ordering of the payment of such fine, the provisions of the Act regarding 
the Conditional Imposition of a Fine (I 113/90) shall be complied with. 
The county government shall have the right to conduct an inspection for the purpose of 
surveillance of compliance with the obligation to provide information and to give account, as defined 
in Article 26 k, second paragraph. The seller shall admit, for the purpose of the inspection, the 
person conducting the inspection to any business premises in the possession of the seller and, when 
so requested, present his bookkeeping, his business correspondence, and any documents concerning 
the sales subject to the obligation to pay royalty, as well as any other documents which may have 
significance in the surveillance. The person conducting the inspection shall have the right to make 
copies of the documents inspected. The person conducting the inspection shall have the right to use 
as an expert a person appointed by the collecting organization. The county government shall have 
the right to hand over to the organization any information necessary for the purpose of collection. 
The police shall be obligated, when necessary, to provide official assistance to the county 
government in the performance of the functions pertaining to the county government under the 
second paragraph. 
Whoever under Article 26 k, second paragraph, or the present Article, has received information 
regarding the business activities of another shall not, without authorization, use the information or 
convey it to others. 
Article 26 m 
More specific provisions regarding the application of Articles 26 i-26 I may be issued by 
decree. 
CHAPTER 3 
Transfer of copyright 
General provisions 
Article 27 
Subject to the limitation of Article 3, copyright may be transferred entirely or partially. IP/N/1/FIN/C/1 
Page 17 
The transfer of a copy shall not include a transfer of the copyright. However, in the case of a 
portrait executed on commission, the author may not exercise his right without the permission of the 
person who commissioned it or, if such person is dead, the surviving spouse and heirs. 
Provisions regarding the transfer of copyright in certain cases are issued in Articles 30-40 and 
40 b. The said provisions shall, however, be applied only in the absence of an agreement to the 
contrary. (418/93) 
Article 28 
In the absence of an agreement to the contrary, the person to whom a copyright has been 
transferred may not alter the work or transfer the copyright to others. If the copyright belongs to a 
business, it may be transferred together with the business or part thereof; however, the transferor 
shall remain liable for the fulfillment of the original contract. 
A.,ticle 29 (960/82) 
The provisions of the Contracts Act (228/29) shall be in force with respect to the adjustment of 
an unfair condition in an agreement made regarding the transfer of copyright. 
Public performance contracts 
Article 30 
If the right to perform a work publicly has been transferred, the transfer shall be valid for a 
period of three years and shall not imply exclusive rights. If a longer term than three years has been 
settled upon, and if exclusive rights have been agreed upon, the author may, nevertheless, himself 
perform the work or transfer the right of performance to others if that right has not been exercised 
for a period of three years. 
The first paragraph shall not apply to cinematographic works. 
Publishing contracts 
Article 31 
By a publishing contract the author transfers to the publisher the right to reproduce a literary or 
artistic work by printing or a similar process and the right to publish it. 
The manuscript or other copy from which the work is to be reproduced shall remain the property 
of the author. IP/N/1IFIN/CI 1 
Page 18 
Article 32 
The publisher shall have the right to publish one edition, which in the case of a literary work 
may not exceed 2000 copies, in the case of a musical work not exceed 1000 copies, and in the case 
of an artistic work not exceed 200 copies. 
By an edition is meant the number of copies which the publisher produces at one time. 
Article 33 
The publisher shall publish the work within a reasonable time, take care of its distribution in the 
usual manner, and follow up the publishing to the extent determined by marketing conditions and 
other circumstances. In case of default, the author may rescind the contract and keep any 
remuneration received. If the author has suffered damage not covered by the remuneration, such 
damage shall also be compensated for. 
Article 34 
If the work has not been published within two years or, if it is a musical work, within four years 
from the time at which the author submitted a complete manuscript or other copy for reproduction, 
the author may rescind the contract and keep any remuneration received, even if there is no fault on 
the part of the publisher. The same rule shall apply when the copies of the work are exhausted and 
the publisher has the right to publish a new edition, but he fails, within one year from being 
requested by the author to publish a new edition, to use the said right. 
Article 35 
The publisher shall give the author a certification issued by the printer, or whoever reproduces 
the work, concerning the number of copies produced. 
If during the fiscal year sale or hiring has taken place for which the author is entitled to 
remuneration, the publisher shall render account to him within nine months from the end of the year, 
stating the sale or hiring during the year and the number of copies in stock at the end of the year. 
Also otherwise, after the end of the accounting term, the author shall be entitled to receive, at his 
request, a statement of copies in stock at the end of the year. 
Article 36 
If the production of a new edition is initiate8 later than one year after publication of the previous 
edition, the author shall be given a chance beforehand to make such alterations in the work as can be 
made without unreasonable cost and without changing the character of the work. Article 37 IP/NI 1 IFIN/CI 1 
Page 19 
The author shall not have the right to publish the work again in the form or manner stated in the 
contract, until the edition or editions which the publisher has the right to publish have been 
exhausted. 
However, a literary work may be included by the author in an edition of his collected or selected 
works when fifteen years have elapsed since it was first published. 
Article 38 
The provisions concerning publishing contracts shall not apply to contributions to newspapers 
and periodicals. Articles 33 and 34 shall not apply to contributions to other compilation works. 
Film contracts 
Article 39 
Transfer of the right to produce a film of a literary or artistic work shall include the right to 
make the work available to the public by showing the film in cinemas, on television or by any other 
means, including the right to provide the film with subtitles and to dub the film in another language. 
(648/74) 
The first paragraph shall not apply to musical works. 
Article 40 
If the right to use a literary or musical work for a film intended for public showing is 
transferred, the transferee shall produce the film and make it available to the public within a 
reasonable time. If this is neglected, the author may rescind the contract and keep any remuneration 
received. If the author has suffered damage not covered by the remuneration, such damage shall also 
be compensated for. 
If the film has not been produced within five years from the time at which the author carried out 
his obligations, the author may rescind the contract and keep any remuneration received, even if 
there is no fault on the part of the transferee. 
Computer programs (34/91) 
Article 40 a 
(Article 40 a was repealed by Act 418/93, which came into force on January 1, 1994 by Decree 
1395/93.) IP/N/l/FIN/C/l 
Page 20 
Article 40 b (34/91) 
If a computer program and a work directly associated therewith have been created within the 
scope of duties in an employment situation, the copyright in the computer program and the work 
shall pass to the employer. The same shall respectively apply to a computer program and a work 
directly associated therewith created within the scope of a civil service post. 
The provisions of the first paragraph above shall not be applied to a computer program, or to a 
work directly associated therewith, created by an author independently engaged in teaching or 
research work in a university-level institution, with the exception of institutions of military 
education. (418/93) 
A portrait made by photographic means (446/95) 
A.·ticle 40 c (446/95) 
A party commissioning a portrait made by means of photography shall, even if the photographer 
has retained for himself the right to the work, have the right to authorize the reproduction of the 
portrait in a newspaper, periodical or a biographical writing, unless the photographer has separately 
retained for himself the right to prohibit this. 
Transfer of copyright upon the author's death, etc. 
Article 41 
After the author's death, the rules governing matrimonial property, inheritance and wills shall 
apply to copyright. 
The author may give direct.ions in his will, with binding effect on the surviving spouse and 
direct descendants, adopted children and their descendants, as to the exercise of copyright, or 
authorize somebody else to give such directions. 
Article 42 
Copyright shall not be subject to legal seizure as long as the copyright remains with the author 
or with any other person who has acquired the copyright by virtue of marriage, inheritance or will. 
The same rule shall apply to manuscripts and works of art which have not been exhibited, placed on 
sale, or otherwise authorized for dissemination. CHAPTER 4 
Duration of copyright 
Article 43 (1654/95) IP/NI 1 IFIN/CI 1 
Page 21 
Copyright shall subsist until the end of the seventieth year after the year in which the author 
died or, in the case of works defined in Article 6, after the year in which the last surviving author 
died. Copyright in a cinematographic work shall subsist until the end of the seventieth year after the 
year in which the last surviving principal director, the author of the screenplay, the author of the 
dialogue, or the composer of the music specifically created for use in the cinematographic work died. 
Article 44 (1654/95) 
In the case of a work disseminated without mention of the author1s name or generally known 
pseudonym or signature, the copyright shall subsist until the end of the seventieth year after the year 
in which it was first disseminated. If the work is published in parts, the term shall of protection shall 
run for each part separately. 
If the identity of the author is disclosed during the period referred to in the first paragraph, 
Article 43 shall apply. 
In the case of a non-disseminated work, the author of which is unknown, the copyright shall 
subsist until the end of the seventieth year after the year in which the work was created. 
Article 44 a (1654/95) 
Anyone who for the first time publishes or disseminates a previously unpublished or non­
disseminated work, which has been protected under Finnish law and the protection of which has 
expired, shall be entitled to a right in the work as provided in Article 2 of this Act. The right shall 
subsist until the end of the twenty-fifth year after the year in which the work was published or 
disseminated. 
CHAPTER 5 
Certain rights neighbouring copyright 
Article 45 (446/95) 
not: Without the consent of the performing artist, a performance of a literary or musical work shall 
(1) be recorded on a contrivance by means of which the performance can be reproduced; and not 
(2) be made available to the public by broadcast over radio or television or by direct 
communication. IP/N/I/FIN/C/l 
Page 22 
A performance recorded on a contrivance referred to above in the first paragraph shall not, 
without the consent of the performing artist, be copied or distributed to the public until 50 years 
have elapsed from the year in which the performance took place. If the recording of the performance 
is published or disseminated within this period, the protection shall subsist until the end of the 
fiftieth year after the year during which the recorded performance was for the first time published or 
disseminated. (1654/95) 
The transfer of the right to film a performance shall, unless otherwise agreed, comprise the right 
to distribute the recorded performance to the public by renting. 
Whatever is provided in Article 3, Articles 6-8, Article 11, Article 12, first to third paragraphs, 
Article 14, first paragraph, Articles 15 and 16, Article 17, second paragraph, Article 19, first and 
second paragraphs, Articles 21, 22, 2S b, 25 d, 25 g-25 i, 26 a-26 h, Article 27, first and second 
paragraph, and Articles 28, 29, 41 and 42 shall by analogy be applied to the recording of a 
performance, its copying, making it available to the public, and its distribution, as defined in this 
article. However, Article 19, first paragraph, shall be applied only if a recorded performance has, 
with the consent of the performing artist, been sold or been otherwise permanently transferred within 
the European Economic Area. 
Article 46 (446/95) 
A phonograph record or other contrivance on which a sound has been recorded shall not, 
without the consent of the producer, be copied or distributed to the public until 50 years have 
elapsed from the year during which the recording took place. If the recording is published or 
disseminated within this period, the protection shall subsist until the end of the fiftieth year after the 
year during which the recording was for the first time published or disseminated. (1654/95) 
The provisions of Articles 6-8, Article 12, first to third paragraphs, Article 14, first paragraph, 
Articles 15 and 16, Article 19, first and second paragraphs, Article 22, 25 b, 25 d, 25 g, 26 a-26 
h, Article 27, first and second paragraphs, and Article 29 shall by analogy be applied to any 
procedure for which under the consent of the producer is required under the first paragraph. 
However, Article 19, first paragraph, shall be applied only if a contrivance, as defined in the first 
paragraph, has, with the consent of the producer, been sold or been otherwise permanently 
transferred within the European Economic Area. 
A."tide 46 a (446/95) 
A film or any other contrivance on which a moving picture has been recorded shall not, without 
the consent of the producer, be copied or distributed to the public until 50 years have elapsed from 
the year during which the recording took place. If the recording is published or disseminated within IP IN 11 IFIN lel 1 
Page 23 
this period, the protection shall subsist until the end of the fiftieth year after the year during which 
the recording was for the first time published or disseminated. (1654/95) 
Whatever is provided in Articles 6-8, Article 12, first to third paragraphs, Article 14, first 
paragraph, Articles 15 and 16, Article 19, first and second paragraphs, Articles 22, 25 b, 25 d, 25 g, 
26 a-26 h, Article 27, first and second paragraphs, and Article 29 shall by analogy be applied to a 
procedure for which the consent of the producer is required under the first paragraph. However, 
Article 19, first paragraph, shall be applied only if a contrivance, as defined in the first paragraph, 
has, with the consent of the producer, been sold or been otherwise permanently transferred within the 
European Economic Area. 
Article 47 (446195) 
If a contrivance defined to in Article 46 is used, within the term defined in that Article, in a 
radio or television broadcast or in any other public performance, a compensation shall be paid to the 
producer and to the performing artist whose performance has been recorded on the contrivance. If 
two or more artists have participated in the performance, they may realize their right only jointly. 
The performing artist and the producer may realize their rights only by simultaneous presenting of 
their claims. When the right is realized through the mediation of an organization representing a large 
number of Finnish performing artists or producers, the right of a performing artist or a producer to 
compensation shall, however, have lapsed if a claim concerning it has not been verifiably presented 
to the organization within three years from the end of the calendar year during which the use took 
place. 
In cases referred to above in the first paragraph, the provisions of Article 21, 22, 25 b, ' Article 
27, first and second paragraphs, and Article 29, as regards the right of the performing artist, also the 
provisions of Article 11, second paragraph and Articles 28, 41 and 42 shall by analogy be applied. 
If a user of the contrivance does not pay a compensation, as defined in the first paragraph, the 
amount of which compensation the user has agreed upon with the performing artists and producers, 
or the amount of which has been settled in a procedure under Article 54, a court of justice may, 
upon request by a party concerned, decide that such use may continue only with the consent of the 
performing artists and producers until the compensation has been paid. 
Whatever is provided in this article shall not apply to a contrivance defined in Article 46 a. 
Article 47 a (446/95) 
Whenever a contrivance defined in Article 46 has been used in a radio or television broadcast 
which, simultaneously and unaltered, is retransmitted for reception by the public, the performing 
artist and the producer of the contrivance shall be entitled to compensation for the retransmission. 
The compensation can be paid only through an organization referred to in Article 25 h. Unless IP IN I lIFIN lel 1 
Page 24 
compensation is verifiably claimed within three years from the end of the year during which the 
right to compensation came into being, the said right to compensation shall expire. 
Whatever is provided in this article shall not apply to a contrivance defined in Article 46 a. 
Article 48 (446/95) 
A radio or television broadcast shall not, without the consent of the emitting organization, be 
rebroadcast or recorded on contrivances by which it can be reproduced. A television broadcast shall 
also not, without such consent, be made available on premises to which the public has admission in 
return for payment. 
A recorded broadcast shall not be copied, rebroadcast or distributed to the public without the 
consent of the broadcasting organization until 50 years have elapsed from the year during which the 
first transmission of a broadcast took place. (I654/95) 
The provisions of Articles 6-8, Article 12, first and second paragraphs, Article 15, Article 19, 
first paragraph, Articles 21, 22, 25 b, 25 d and 25 g, Article 27, first and second paragraphs, and 
Article 29 shall by analogy be applied in the cases referred to in the first and second paragraphs 
above. Furthermore, whatever is provided in Article 25 h, first paragraph, and Article 25 i shall by 
analogy be applied to the cable retransmission of a broadcast, except if the broadcast originates in 
another State belonging to the European Economic Area, in which case whatever is provided in 
Article 25 h, third paragraph, shall by analogy be applied instead of these provisions. However, 
Article 19, first paragraph, shall be applied only if the recorded broadcast has, with the consent of 
the broadcasting organization, been sold or been otherwise permanently transferred within the 
European Economic Area. 
Article 49 (34/91) 
A catalogue, a table, a programme or any other production in which a large number of 
information items are compiled shall not be reproduced without the consent of the producer, until ten 
years have elapsed from the year in which the production was published. However, the term of 
protection shall expire at the latest when 15 years have elapsed from the year in which the work was 
completed. 
The provisions of Article 9, Article 12, first and second paragraphs, Article 13, Article 14, first 
and third paragraphs, and Articles 16, 22, 25 c, 25 d and 40 b shall by analogy be applied to a 
> 
production referred to above in the first paragraph. If such a production or its part is subject to 
copyright, recourse may be made to that right. Article 49 a (446/95) IP/N/1/FIN/C/l 
Page 25 
The photographer shall have the exclusive right to decide regarding a photographic picture, 
unaltered or altered: 
(l) by making copies thereof; and 
(2) by exhibiting it publicly. 
The right to a photographic picture shall be in force until 50 years have elapsed from the end of 
the year during which the photographic picture was made. 
Whatever is provided in Article 2, second paragraph, Article 3, first and second paragraphs, 
Articles 7-9 and 11, Article 12, first and second paragraphs, Article 13, Article 14, first and third 
paragraphs, Articles 15, 16, 18, 20, 22 and 25, Article 25 a, first and second paragraphs, Articles 
25 b, 25 d, 25 f-25 i, 26, 26 a-26 h, 27-29, 39, 40, 40 c, as well as Articles 41 and 42, shall by 
analogy be applied to photographic pictures, as defined in this article. If a photographic picture is 
subject to copyright, that right can be relied on. 
Article 50 
A press report by a foreign press agency or by a correspondent located abroad, made by virtue 
of a· contract, may not be communicated to the public by means of a newspaper or by broadcasting 
without the consent of its recipient, until twelve hours have elapsed from its publication in Finland. IP/NI lIFIN/CI 1 
Page 26 
CHAPTER 6 
Special provisions 
Article 51 
A literary or artistic work shall not be made available to the public under such a title, 
pseudonym or signature that the work or its author easily may be confused with a previously 
disseminated work or its author. 
Article 52 
The inscribing by a third party of the name or signature of the author onto a copy of a work of 
art is permissible only upon the instructions of the author. 
The name or signature of the author shall not be inscribed onto a copy of a work of art in such a 
manner that the copy could be confused with the original work. 
Whoever makes or distributes to the public a copy of a work of art shall mark the copy in such 
a manner that the copy cannot be confused with the original work. (446/95) 
Article 52 a (446/95) 
The author of a work of fine art shall have the right of access to see the work he has transferred, 
unless this causes unreasonable inconvenience to the owner or holder of the work, and provided this 
access is necessary: 
(1) for the author's artistic activity; or 
(2) for the purpose of effectuation of his financial rights, as defined in Article 2. 
Whatever is provided in Article 41 shall be applied to the right defined above in the first 
paragraph, second subparagraph. 
Article 53 
If, after the death of the author, a literary or artistic work is the subject of public action in a 
manner which violates cultural interests, the authority designated by decree shall have the right to 
prohibit such action, notwithstanding the fact that the copyright is no longer in force, or that 
copyright may not even have existed. 
The person who is the object of such measures may, if he opposes them, have the question 
submitted to the decision of a court of justice. 
Al,ticle 54 (446/95) 
In the event of a dispute, the matter shall be settled by an arbitration procedure in the manner 
prescribed by decree, whenever the question concerns: IP/N/I/PIN/C/l 
Page 27 
(1) Compensation, as defined in Article 18, second paragraph~ Article 19, fourth paragraph; 
Article 25 i, Article 47, first paragraph; or Article 47 a; 
(2) Granting of an authorization, as defined in Article 13, and the terms and conditions thereof, 
if the matter relates to the making of copies for use in educational activities; 
(3) Granting of an authorization, as defined in Article 14, first paragraph, and the terms and 
conditions thereof, if the matter relates to the making of copies of a work included in a program and 
produced and broadcast for educational purposes; 
(4) Granting of an authorization, as defined in Article 25 h, first paragraph, and the terms and 
conditions thereof; or 
(5) Granting of an authorization, as defined in Article 25 h, second paragraph, or Article 48, first 
paragraph, regarding simultaneous and unaltered cable retransmission of a radio or television 
broadcast, and the terms and conditions of such authorization, provided the broadcast originates in 
another State belonging to the European Economic Area. An authorization may be granted if the 
broadcasting organization continues, without a well-founded reason, to prohibit cable retransmission 
or sets unreasonable terms and conditions therefor. 
The parties concerned may also agree that the matter be submitted to arbiters to settle in 
compliance with the Act regarding Arbitration (967/92). 
Any authorization granted on the basis of the present Article shall have the same effect as has 
the authorization referred to in Article 13, Article 14, first paragraph, Article 25 h, first and second 
paragraph, or Article 48, first paragraph. 
If a party concerned refuses the settling by arbitration of a matter defined in the first paragraph, 
the matter may, upon application by a party concerned, be submitted to a court of justice for settling. 
The court of justice having jurisdiction in matters defined in the first paragraph shall be the District 
Court of Helsinki. If the Court has granted authorization in a matter defined in the first paragraph, 
second to fourth subparagraphs, and an appeal is made from the decision, the authorization and its 
terms and conditions shall be in force temporarily, until the matter has been settled with finality or 
until a higher court orders otherwise upon an appeal. 
Article 54 a (897/80) 
Whatever has been provided in this Act regarding educational activities shall not apply to 
educational activities conducted for purpose of gain. 
Article 54 b (446/95) 
If there is a risk that the person entitled to compensation, as defined in Article 47, will not be 
paid, a court of justice may, upon the request of said person, prohibit the user of the contrivances 
referred to in Article 46 from using said contrivances until he posts an acceptable security for the IP/N/I/FIN/C/l 
Page 28 
payment of compensations or until a court of justice orders otherwise. The applicable parts of the 
provisions of Articles 4, 5, 7, 8, 11 and 14 of Chapter 7 of the Code of Procedure shall be complied 
wi th in the matter. 
Article 55 (442/84) 
The Council of State shall appoint a Copyright Council the function of which shall be to assist 
the Ministry of Education in the handling of matters pertaining to copyright and to issue statements 
regarding the application of the present Act. 
More detailed provisions regarding the Copyright Council shall be issued by decree. 
CHAPTER 7 
Penal Sanctions and Liability 
Article 56 (715/95) 
Punishment for a copyright crime is prescribed in Article 1 of Chapter 49 of the Penal Code. 
Article 56 a (442/84) 
Anyone who 
(1) wilfully or out of gross negligence violates a provision issued for the protection of copyright 
in the present Act or acts in violation of an instruction issued under Article 41, second paragraph, of 
a provision of Article 51 or 52, or of a prohibition referred to in Article 53, first paragraph~ or 
Article 54 b; or 
(2) imports into the country a copy of a work for distribution to the public, which copy he 
knows or has well-founded reason to suspect to have been produced outside the country under such 
circumstances that such production in Finland would have been punishable under the present Act, 
shall, unless the act is punishable as a copyright crime under Article 1 of Chapter 49 of the 
Penal Code, be sentenced for a copyright offence to a fine. (1024/95) 
However, the making of a few copies for private use of a computer-readable computer program 
which has been published or copies of which have been sold or otherwise permanently transferred 
with the consent of the author shall not be held to be a copyright offence. (418/93) 
Article 56 b (1024/95) 
A violation of the provisions of Article 26 d, third paragraph, or Article 26 1, fourth paragraph 
regarding confidentiality shall be punishable under Articles 1 or 2 of Chapter 38 of the Penal Code, IP/N/l/PIN/C/l 
Page 29 
unless the act is punishable under Article 5 of Chapter 40 of the Penal Code or unless a more 
severe punishment has been provided for the act elsewhere in law. 
Article 56 c (418/93) 
Whoever for the purpose of gain distributes to the public, or for this purpose keeps in his 
possession, any means the sole purpose of which is the unauthorized removal or circumvention of a 
technical device protecting a computer program shall be sentenced to a fine for unauthorized 
distribution of a means for removing protection. 
Article 56 d (446/95) 
Whoever intentionally or out of gross negligence violates the provision of Article 26 d, second 
paragraph, or the obligation to provide information or to give account, provided in Article 26 k, 
second paragraph, shall be sentenced to a fine for a violation of the obligation to provide 
information, prescribed in the Copyright Act, unless a more severe punishment has been provided 
for the act elsewhere in law. 
Article 57 (442/84) 
Anyone who uses a work in violation of the present Act or an instruction given under Article 41, 
second paragraph, shall be obligated to pay the author a fair compensation for such use. 
If such use is wilful or out of negligence, the infringer shall, in addition to compensation, also 
pay damages for any other loss, also for mental suffering and for other injury. 
Anyone who, otherwise than by using a work, is guilty of an act punishable under Article 1 of 
Chapter 49 of the Penal Code or Article 56 a of the present Act, shall be obligated to pay the author 
damages for any loss, mental suffering or other injury caused by the crime. (715/95) 
The provisions of the Act regarding Damages and Tort Liability (412/74) shall also be in 
force regarding the payment of damages referred to above in the second and third paragraphs. IP/N/I/FIN/C/l 
Page 30 
Article 58 
If a copy of a work has been produced, imported, made available to the public, or altered 
contrary to this Act, or to a direction given under Article 41, second paragraph, or to the provisions 
of Articles 51 or 52, or to a prohibition pronounced under Article 53, first paragraph, the Court may, 
upon the demand of the injured party, prescribe, according to what it deems reasonable, that the 
copy, as well as any type matter, printing blocks, forms and other devices, shall be destroyed, or that 
such property shall be altered in specific ways, or be conveyed to the injured party against a 
compensation corresponding to their cost of manufacture, or be rendered such that their unauthorized 
use is prevented. 
The provisions of the first paragraph shall not apply to a person who has acquired the property 
or some right therein in good faith, or to works of architecture; however, the modification of a 
building may be ordered according to circumstances. 
Article 59 
Notwithstanding the provisions of Article 58, first paragraph, the Court may -upon a request 
of that effect -permit, if warranted by the artistic or economic value of the copies referred to in 
the said paragraph, or by other circumstances, that the copies be made available to the public or 
otherwise used according to their purpose in return for compensation to the injured party. 
Article 60 (715/95) 
The provisions of Articles 56 a, 57, 58 and 59 shall also apply analogously to the rights 
protected under Chapter 5. 
Article 61 
The District Court of Helsinki shall have jurisdiction in cases involving radio or television 
broadcasts which violate this Act. 
Article 62 
A violation of the provisions of Article 51 or 52 shall be subject to public prosecution. In other 
cases a criminal action for a copyright offence shall not be brought by a public prosecutor, unless 
the injured party has reported it for the purpose of prosecution. (715/95) 
An action for violation of Article 3 or directions given under Article 41, second paragraph, may 
be brought by the surviving spouse, by heirs in the ascending or descending line or brothers and 
sisters, or by a person who by virtue of adoption is related to the author in the same manner. 
Violation of a prohibition pronounced under Article 53, first paragraph, shall be denounced by the 
authority specified therein. (Third paragraph has been repealed by Act 442/84.) 
CHAPTER 8 
Applicability of the Act 
Artide 63 (648/74) 
The provisions of this Act relating to copyright shall apply: IP/NI 1 IPIN/CI 1 
Page 31 
(l) to works of which the author is a Finnish national or a person having his permanent domicile 
in Finland; 
(2) to works first published in Finland or published in Finland within thirty days of their first 
publication in another country; 
(3) to cinematographic works of which the producer has his headquarters or permanent domicile 
in Finland; 
(4) to architectural works erected in Finland; and 
(5) to works of art incorporated in a building located in Finland or fixed to the ground by any 
other means. 
For the purposes of application of the third subparagraph above, the producer of the 
cinematographic work shall, unless otherwise indicated, be deemed to be the person or company 
whose name is mentioned in the usual manner in the cinematographic work. 
The provisions of Chapter 2 b of the Copyright Act shall be applied if the author of the work is 
a citizen of a State belonging to the European Economic Area or if he has his permanent d~micile in 
such a State. (446/95) 
The provisions in Articles 51-53 above shall be applied regardless of who created the work and 
where the work was published. (446/95) 
A."tide 63 a (1654/95) 
The provisions in Article 44 a shall be applied to a person who is a citizen of a State belonging to 
the European Economic Area or has his permanent domicile in such a State, and to a body 
corporate having its residence in such a State. 
A."tide 64 (446/95) 
The provisions in Article 45 above shall be applied if: 
(1) the performance takes place in Finland; 
(2) the performance has been recorded on a contrivance, as defined in the second paragraph; or IP/N/lIFIN/C/l 
Page 32 
(3) the performance, which has not been recorded on a phonogram, is included in a broadcast, as 
defined in the sixth paragraph. 
The provisions in Article 46 above shall be applied to a contrivance the sound on which has 
been recorded on the contrivance in Finland. 
The provisions in Article 46 a above shall be applied to a contrivance the moving picture on 
which has been recorded on the contrivance in Finland. 
The provisions in Article 47 above shall be applied to radio and television broadcasts taking 
place in Finland and to any other public performance taking place in Finland, if a contrivance, as 
defined in the second paragraph, is used in the broadcast or program. 
The provisions in Article 47 a above shall be applied to all radio and television broadcasts and 
to any rebroadcasting taking place in Finland, if a contrivance, as defined in the second paragraph, is 
used in the broadcast. 
The provisions in Article 48 above shall be applied: 
(1) to radio and television broadcasts taking place in Finland; and 
(2) to radio and television broadcasts taking place elsewhere, if the principal place of business of 
the broadcasting operator is in Finland. 
The provisions in Article 49 above shall be applied to a work which was first published in 
Finland. 
Whatever is provided regarding a work in Article 63, first paragraph, first, second and fifth 
subparagraphs, shall by analogy be applied to a photographic picture, as defined in Article 49 a. 
The provisions in Article 50 above shall be applied to a press report which has been received in 
Finland. 
Article 64 a (446/95) 
When program-carrying signals, intended for reception by the public and carrying a work 
protected under the present Act, are introduced in Finland, under the control and responsibility of a 
broadcasting organization, into an uninterrupted chain of communication leading to a satellite and 
back down towards the earth, the provisions of Article 2 regarding making available to the public 
and other provisions of the present Act regarding radio and television broadcasts shall be applied to 
this communication by satellite. 
If a satellite communication to the public, as defined in the first paragraph, takes place in a State 
outside the European Economic Area, the protective level of the legislation in that State not 
corresponding to the protective level provided in Chapter 2 of the Council Directive (93/83/EEC) on 
the Coordination of Certain Rules Concerning Copyright and Rights Related to Copyright Applicable 
to Satellite Broadcasting and Cable Transmission, and IP 1Nl 1 IFIN ICI 1 
Page 33 
(1) the signals are transmitted towards the satellite from a transmission station situated in 
Finland, or 
(2) in a case in which a transmitting station situated in Finland is not used, a broadcasting 
organization located in Finland has commissioned others to carry out the transmission, 
then the communication to the public by satellite shall be deemed to take place in Finland. The 
provisions of Article 2 regarding making available to the public and other provisions in the present 
Act regarding radio and television broadcasts shall be applied thereto. 
Article 65 
On condition of reciprocity, the President of the Republic may provide for the application of this 
Act in relation to other countries and similarly for application to works first published by an 
international organization and to unpublished works which such organization has a right to publish. 
Article 66 
Subject to the provisions of Articles 67-71, this Act shall apply also to literary or artistic works 
created before it comes into force. 
Article 67 
Copies of a work produced under the old law may be freely distributed and exhibited. However, 
the provision of Article 23 concerning the lease of sheet music and the right to fix a payment 
defined by decree shall apply to such copies. 
Article 68 
Type matter, printing blocks, forms and other devices produced under the old law for the 
reproduction of a particular work may be used according to their purpose until the end of 1962, 
notwithstanding the provisions of the present Act. The provisions of Article 67 shall by analogy be 
applied to copies produced in the course of such use. 
Article 69 
Copyright in newspapers, periodicals, and other works which consist of independent 
contributions by several contributors and which are published before this Act comes into force shall 
belong to the editor in accordance with Article 5, and the term of protection shall be calculated 
according to Article 44. IP/N/1/FIN/C/l 
Page 34 
Article 70 
The old law shall apply to contracts regarding transfer of copyright concluded before the coming 
into force of the present Act, but the provisions of Article 29 shall be complied with even regarding 
such contracts. 
Any privileges and injunctions applicable at the time of the coming into force of the present Act 
shall remain in force. 
Article 71 
If, before the coming into force of this Act, an author has transferred a work of art, or has 
executed a drawing on commission, his right to transfer a duplicate of the same work of art to a 
third party or to produce for a third party a work based upon the same drawing, shall be governed by 
the provisions of the old law. The old law shall apply equally to a portrait executed before the 
coming into force of this Act, insofar as concerns the rights of the author in respect thereof. 
Article 72 
The provisions of Articles 66-68 shall apply to the rights protected under Chapter 5. (1654/95) 
If an agreement concerning such recording, as defined in Article 45, has been made before this 
Act comes into force, the provision of Article 70, first paragraph, shall be applicable. 
Article 73 
This Act shall come into force on September 1, 1961. It abrogates the Act of June 3, 1927 (No. 
174/27) on Copyright in Products of Intellectual Activity, as well as Article 28 of the Decree of 
March 15, 1880 (No. 8/80) Relating to the Rights of Writers and Artists in Respect of the Products 
of Their Labour. Implementing provisions of Copyright Act amendments 
July 8, 1961 1404 (Published July 18, 1961) 
August 23, 1971 1 669 (Published August 23, 1971) 
July 31, 1974 1 648 (Published August 8, 1974): 
This Act shall come into force on October 1, 1974. 
December 19, 1980 1 897 (Published December 23, 1980): 
This Act shall come into force on December 29, 1980. 
December 17, 1982 1 960 (Published December 22, 1982): IP/N/lIFIN/C/l 
Page 35 
This Act shall come into force on January 1, 1983. It shall also be applied to any agreements on 
the transfer of copyright which were made before the coming into force of the Act. 
June 8, 1984 1 442 (Published June 13, 1984): 
This Act shall come into force on June 15, 1984. 
July 27, 1984 / 578 (Published August 3, 1984): 
This Act shall come into force on October 1; 1984. 
January 24, 1986 / 54 (Published January 28, 1986): 
This Act shall come into force on February 1, 1986. 
March 14, 1987 1 309 (Published March 20, 1987): 
This Act shall come into force on June 1, 1987. 
January 11, 1991 1 34 (Published January 16, 1991): 
This Act shall come into force on January 16, 1991. 
Article 23, second paragraph, of this Act shall not be applied to a computer program created 
I 
before the coming into force of this Act insofar as the question is of the lending of the computer 
program to the public. In other respects, provisions regarding the application of this Act to a 
computer program created before the coming into force of this Act shall be prescribed separately. 
(419/93) (According to the Implementing Decree 1395/93, issued on December 22, 1993, the 
amendment shall come into force on January 1, 1994). IP IN 11 IFIN lel 1 
Page 36 
A performance of a literary or artistic work by a performing artist, a contrivance on which sound 
has been recorded, and a radio or television broadcast which has been recorded or transmitted after 
September 1, 1961 shall be protected as provided in this Act. 
Whoever has taken steps to use, in the manner defined in Article 45, 46 or 48 of the Copyright 
Act, a performance, phonogram, or radio or television broadcast the protection of which has expired 
before the coming into force of this Act shall, notwithstanding the provisions of the third paragraph, 
be permitted to use the said performance, phonogram or broadcast for two years after the end of the 
calendar year during which this Act came into force. 
If 15 years have elapsed from the end of the year during which a production, defined in Article 49 
of the Copyright Act and enjoying protection at the time of the coming into force of the present Act, 
was completed, that protection shall lapse at the time the present Act comes into force. 
May 7, 1993 I 418 (Published May 12, 1993): 
This Act shall come into force at a time to be prescribed by decree. Article 23, third paragraph, of 
the Act shall, however, come into force on June 1, 1993. 
This Act shall also be applied to a computer program created before the coming into force of this 
Act. However, provisions in force at the time of the coming into force of this Act shall be applied to 
any acts done and any rights acquired before the coming into force of this Act. 
Whatever is provided in the second paragraph shall, after the coming into force of this Act, also 
apply to the application of provisions regarding computer programs in the Act (34/91) amending the 
Copyright Act, issued on January 11, 1991, with the exception of the provisions regarding the 
loaning of computer programs to the public. 
Decree No. 1395, December 22, 1993 (Published December 28, 1993): 
Article 1 
The following Acts shall come into force on January 1, 1994: 
2) Act (418/93), issued on May 7, 1993, amending the Copyright Act; and 
3) Act (419/93), issued on May 7, 1993, amending the implementing provision of the Act 
amending the Copyright Act. 
December 16, 1994 I 1254 (Published Decembe~ 22, 1994): 
This Act shall come into force on January 1, 1995. March 24, 1995 I 446 (Published March 30, 1995): 
This Act shall come into force on May 1, 1995. IP/NI1 IFIN/CI1 
Page 37 
This Act shall also be applied to any works and any protected items, defined in Articles 45, 46, 48 
and 49 a, which were created, recorded or produced before the coming into force of this Act and 
which continue to be protected. However, the provisions in force at the time of the coming into force 
of this Act shall be applied to any acts done and any rights acquired before the coming into force of 
this Act. 
An agreement on filming or sound recording, made by a performing artist before the coming into 
force of this Act shall cover the right to distribute copies of the film or phonogram to the public, 
unless otherwise agreed. 
An agreement on the inclusion of a phonogram in a film, made by the producer of the phonogram 
before the coming into force of this Act, shall cover the right to distribute copies of the film to the 
public, unless otherwise agreed. 
The provisions of Articles 25 f and 64 a of this Act shall be applied as of January 1, 2000 to any 
agreements on satellite broadcasting of works and performances which were made before the coming 
into force of this Act. IP IN 11 IFIN lel 1 
Page 38 
December 22, 1995 I 1654 (Published December 28, 1995) 
This Act shall come into force on January 1, 1996. 
This Act shall also be applied to works created before the coming into force of this Act. 
The provisions in force on the entry into force of this Act shall be applied to any contracts 
concluded and any rights acquired before the coming into force of this Act. 
Copies of a work which have been produced prior to the coming into force of this Act under 
provisions in force on the entry into force of this Act, may further be distributed to the public and 
publicly exhibited. The provisions of Article 19, second to fourth paragraphs, and Chapter 2 b of this 
Act shall, however, be applied to copies produced before the coming into force of this Act. 
Notwithstanding the provisions of this Act, any person who before the coming into force of this 
Act has commenced to use a work, the term of protection of which has expired prior to coming into 
force of this Act, by producing copies thereof or making the work available to the public in a 
manner which requires substantial measures, may proceed to complete the commenced use to a 
normal extent necessary for the said use by January 1, 2003. Provisions on the completion of 
commenced use above shall also apply to any person who, under similar circumstances, has taken 
substantial measures to produce copies of a work or to make a work available to the public. Copies 
produced by virtue of the provisions in this paragraph may further be distributed to the public and 
publicly exhibited, subj ect to the provisions in Article 19, second to fourth paragraphs, and Chapter 
2 b of this Act . 
Notwithstanding the provisions of this Act, if a work is incorporated in a recording made by a 
broadcasting organization after the expiry of the protection and prior to the coming into force of this 
Act, with a particular view to use in radio or television broadcasting, the work may further be used 
in broadcasts until January 1, 2003. This paragraph shall also apply to the public performance of a 
work which has been recorded on a contrivance containing moving pictures. 
The provisions of second to sixth paragraphs above shall apply analogously to subject matter 
protected pursuant to Articles 45, 46, 46 a and 48 of this Act. 
The provisions of second to sixth paragraphs above shall apply 
1) to works originating in a State belonging to the European Economic Area, 
2) to subject matter defined in paragraph 7 above originating in a State belonging to the European 
Economic Area, in regard to the protection of which special provisions have been enacted, and 
3) to rights in phonograms referred to in Article 14, first, second and fourth paragraphs of the 
Agreement on Trade-Related Aspects of Intellectual Property Rights annexed to the Agreement 
Establishing the World Trade Organization, as prescribed in paragraph 6 of the aforesaid Article. 
This Act shall apply to works and subject matter other than those referred to in Article 8 above 
only in so far as they have been protected at the time of the coming into force of this Act. FINLAND 
COPYRIGHT DECREE 
Decree No. 57411995 issued on April 21, 1995 
Copying in archives, libraries, and museums 
Article 1 IP/N/1/FIN/C/l 
Page 39 
Unofficial translation 
The following institutions shall have the right, as defined in Article 16, first paragraph, 
of the Copyright Act, to make copies of a work for the purpose of their activities, under the 
terms and conditions prescribed hereinafter in Articles 2-5: 
(1) collectors of archives, as defined in Article 1, subparagraphs 1-3 and 5, of the Act 
regarding Archives (831194), the Archives of the President of the Republic, the Archives of 
the Evangelical Lutheran Church, and the archives of public authorities in the Province of 
Aaland; 
(2) the Library of Parliament, the libraries of universities and other scientific libraries 
maintained by the State, the Repository Library, the Central Library of Public Libraries, and 
the province libraries; and 
(3) State-owned museums. 
Article 2 
The Ministry of Education may grant the right defined in Article 1 also to an archive, . 
library or museum other than those specified in Article 1. 
Article 3 
An archive, library or museum may, to the extent necessary for reasons of security, 
make, by means of micro-photography or other analogous process, reproductions of material 
in their possession. 
Material forming part of the abovementioned collections which, by reason of its fragile 
character or rarity, cannot be lent to users in its original form, may be reproduced by 
photocopying for the purpose of loans; nevertheless, except in cases where special reasons 
justify it, not more than two copies may be mad7. 
A work belonging to the collections which has not been disseminated may not be 
reproduced without the consent of the author. IP/NI 1 IPIN/CI 1 
Page 40 
Article 4 
It is permitted to produce, by means of photocopying, reproductions of isolated articles 
contained in composite works and in newspapers and magazines, as well as brief portions of 
other published works, in order to supply them, when this is considered expedient, to persons 
requesting their loan for purposes of research or study, instead of lending the volume or 
booklets which contain them. Each person seeking loan may only receive one copy of each 
article or each portion of a work. 
Article 5 
When a copy of a work is found to be incomplete, the missing portions may be reprodu­
ced by means of photocopying, provided they constitute a minor portion of the total work. 
Nevertheless, it shall not be permitted to produce a missing volume of a work published 
in several volumes, or to produce missing tomes, or parts of magazines or similar works, 
unless the volume, tome or part is out of stock with booksellers, the printing house and the 
publisher. 
Article 6 
Every library which, by virtue of provisions in force, is entitled to receive a free copy of 
a printed work shall be entitled, when special reasons so require, to produce, by means of 
photocopying, a copy of a published work, the acquisition of which is considered necessary 
for the collections of the library, but which is out of stock with booksellers, the printing 
house and the publisher. Only one copy may be reproduced of each work. 
Preparing talking books for handicapped persons 
Article 7 
The library for the visually handicapped, as defined in the Act regarding a Library for 
the Visually Handicapped (11/78), the Finnish Federation of the Visually Handicapped 
(Nakovammaisten Keskusliitto ry), and the Finnish Deafblind Association (Suomen 
Kuurosokeat ry) shall have the right defined in Article 17, second paragraph. 
The Cultural Services for the Visually Handicapped Association (Nakovammaisten 
Kulttuuripalvelu ry), the Jyvaskyla School for the Visually Handicapped (Jyvaskylan 
nakovammaisten koulu), the Swedish School for the Visually Handicapped (Svenska skolan 
for synskadade), and the Arla Institute (Arlainstituutti) shall have the right, defined in Article 
17, second paragraph, to prepare teaching materials. IP/NI 1 IFIN/CI 1 
Page 41 
The names of the author of the work and the performing artist shall be indicated on the 
talking books prepared. 
Recording on contrivances for the purposes of radio or television broadcasts 
Article 8 
The recording of a work on a contrivance, as defined in Article 25 g, first paragraph, of 
the Copyright Act, shall be carried out using the radio or television organization's own 
technical equipment. 
A recording of the kind specified in the first paragraph may only be passed to a third 
party in the circumstances specified in Article 10. 
Article 9 
A recording of the kind specified in Article 8 may not be retained for more than one 
year and may not be used for broadcasts more than four times. At the end of the said period, 
or after the recording has been used for the lawful number of times, it must be destroyed or 
rendered unserviceable, unless agreement to the contrary has been reached with the author, or 
unless the arrangement comes within the scope of Article 10. 
Article 10 
If a recording which possesses documentary value has been forwarded to the National 
Broadcasting Company (Oy Yleisradio Ab), it may be conserved there beyond the period or 
the use specified in Article 9. 
Article 11 
Where it is established that a recording specified in Article 8 cannot conveniently be 
conserved in its original form, it is permitted to transfer it to some other medium. In this 
event, the original recording must be destroyed or rendered unserviceable. 
In the case where a recording should be employed for a broadcast, but technical reasons 
make it inconvenient to use it in its original form, or in the form of a copy made in 
accordance with the first paragraph, it is permitted to produce a special copy of the recording 
for this purpose. After use, this copy must be destroyed, or the recording be rendered 
unservi ceabl e. IP/N/1/FIN/C/l 
Page 42 
Article 12 
Whatever is provided in Articles 8-11 shall, by analogy, be applied to the recording on 
a contrivance of protected items, as defined in Articles 45, 46, 46 a, 48 and 49 a of the 
Copyright Act. 
Prohibition of action prejudicial to a work 
Article 13 
The prohibition specified in Article 53 of the Copyright Act shall be pronounced by the 
Ministry of Education. 
Arbitration 
Article 14 
Any disputes referred to in Article 54 of the Copyright Act shall be settled in an 
arbitration, for which each party shall appoint one arbitrator, and the persons thus appointed 
shall invite a third arbitrator to serve as chairman. 
Article 15 
If one of the parties has made to the opposite party a proposal for embarking upon 
arbitration and has appointed an arbitrator, but, within a month from receiving notification 
thereof, the opposing party has not appointed an arbitrator, the opposite party shall be 
deemed to have refused to settle the matter by arbitration. 
Article 16 
The arbitrators and the secretary shall be paid from State funds a fair compensation 
determined by the Ministry of Education, as well as compensation for traveling and other 
costs incurred in the course of the activity. 
Article 17 
In other respects, the applicable parts of the Act Regarding Arbitration (967/92) shall be 
complied with. Copyright council 
Article 18 IP/NI 1 IFIN/CI 1 
Page 43 
Upon proposal by the Ministry of Education the Council of State shall appoint to the 
Copyright Council, for a period of three years at a time, a chairman, a vice-chairman, and at 
maximum fifteen other members, and a personal alternate member for each of them. 
Article 19 
The most important holders of the rights prescribed in the Copyright Act and the Act on 
Rights in Photographic Pictures, as well as the most important users of the items protected, 
shall be represented in the Copyright Council. 
The chairman, the vice-chairman and at least one other member of the Copyright 
Council, as well as their alternate members, shall be persons holding degrees of Master of 
Laws and being well-versed in copyright law, and who cannot be regarded as representing the 
interests of the right holders or users of protected items referred to in the first paragraph. 
Article 20 
The decision-making power of the Copyright Council may, in matters specified by the 
Council, be exercised by a section appointed by the Council for the handling of a certain 
matter or matters relating to a certain field. 
A section shall be composed of a chairman, whom the Council shall appoint from among 
the members referred to in Article 19, second paragraph, and the necessary number of other 
members. 
Article 21 
The Copyright Council shall be deemed to constitute a quorum when the chairman or 
vice-chairman of the Council and at minimum five other members are present. 
A section shall be deemed to constitute a quorum when the chairman of the section and 
at minimum one other member are present. 
Article 22 
The chairman, members and secretaries of the Copyright Council and its sections, as 
well as any experts heard by the Council or its sections, shall be paid a remuneration as well 
as a per diem and compensation for their traveling costs, as provided for regarding 
committees of the State. IP/NI 1 IFIN/CI 1 
Page 44 
Article 23 
More detailed provisions regarding the activities of the Copyright Council can be issued 
in the Rules of Procedure of the Council, which shall be confirmed by the Ministry of 
Education upon proposal by the Council. 
Compensation for making a copy of a work for private use 
Article 24 
Any audio or video tape or any other contrivance which by its technical properties and 
by its intended use is suitable for making a copy of a work for private use shall be regarded 
as an contrivance referred to in Article 26 a of the Copyright Act. 
Any uncut tape suitable for recording sound or pictures shall also be regarded as a 
contrivance defined in Article 26 a of the Copyright Act. 
Any entirely or partly recorded audio or video tape or other contrivance shall also be 
regarded as a contrivance defined above in paragraph 1, if it can be judged from the technical 
properties of the contrivance, from the outer appearance of the contrivance or its packaging, 
from the smaller than usual proportion of the recorded material on the contrivance to the 
playing time of the contrivance, from the quality of the recorded material, from the 
importation or sales price of the contrivance, or from other circumstances that the contrivance 
was evidently intended for use in the same manner as an unrecorded contrivance. 
Article 25 
The Ministry of Education shall set the amount of the levy referred to in Article 26 a of 
the Copyright Act by using as the basis of the levy the playtime of the contrivance, counting 
each beginning minute. 
Article 26 
In the event that the playtime of a contrivance referred to in Article 26 a of the 
Copyright Act can be determined by the user of varies otherwise, the levy shall be collected 
by using as the basis the average playtime of the contrivance. 
In cases defined above in Article 24, third paragraph, the levy shall be collected on the 
basis of the total playing time of the contrivance. Article 27 IP/NIl/FIN/CI 1 
Page 45 
Any contrivance referred to in Article 26 a of the Copyright Act shall be regarded as 
having been manufactured when it has been transported away from the place of manufacture, 
however at the latest when it has been transferred from the ownership of the manufacturer. 
The area in which the final manufacture of the product takes place, as well as the 
manufacturer's storage in the immediate vicinity of such an area, shall be regarded as the 
place of manufacture. 
Article 28 
Any contrivance referred to in Article 26 a of the Copyright Act shall be regarded as 
having been imported when it has been handed over from the customs. If the contrivance has 
been imported from a Member State of the European Union, it shall be regarded as having 
been imported when it has been transported across the border. 
Article 29 
Any contrivance referred to in Article 26 a of the Copyright Act shall be regarded as 
having been exported when the vehicle into which the contrivance has been loaded has 
finally, having passed the customs clearance, left the country, but when it is exported by post, 
at the time when the contrivance has been accepted for being transported by the post. If the 
contrivance is exported by post, it shall be regarded as exported when it has been accepted 
for being transported by the post. 
Article 30 
Any acti vi ty 
(1) which is continuing and regular, which is carried on with the purpose of gain, and in 
which the recordings are made in order to be further conveyed to the public~ or 
(2) in which recording is a prerequisite for the activity or otherwise important in the 
activity and pertains to the line of activity of the recorder, 
shall be regarded as professional audio or video recording under Article 26 e, first 
paragraph, item (2), of the Copyright Act. 
Recording by schools and universities in educational activity and in scientific research 
shall also be regarded as professional recording. IP/N/1/FIN/C/l 
Page 46 
Article 31 
The organization in charge of the collection of the levy shall submit an annual statement 
of the accounts to the Ministry of Education regarding the costs of collection and 
administration and regarding the use of the proceeds from the levy. 
Article 32 
The functions of collecting the levy shall include the collecting of the levy from those 
obligated to pay, surveillance of the fulfillment of the prescribed payment obligation, keepmg 
the levy sums until the accounting, attending to the repayment of the amount of the levy, or 
to leaving the levy uncollected, in compliance with the regulations, paying out the collected 
funds in compliance with the plan for use referred to in Article 37, and making the statement 
of account referred to above in Article 31. 
Article 33 
The funds accruing from the levy shall be kept on separate accounts and be invested 
against safe securities and with appropriate interest in the proportion allowed by the liquidity 
presupposed by the collection of the levy sums and by the plan for their use. 
Article 34 
Any pertinent costs, supported by vouchers, incurred in the course of the functions 
referred to in Article 32 above shall be covered from the levy sums accrued. 
Article 35 
The organization shall reserve for the Ministry of Education an opportunity to inspect 
the accounting, administration and use of funds of the organization insofar as attending to the 
functions referred to in Article 32 is concerned. 
Article 36 
The matters referred to in Articles 31-35 above shall be indicated in the decision 
concerning the approving of the collecting organization under Article 26 b of the Copyright 
Act. Article 37 IP/N/I/FIN/C/l 
Page 47 
The plan for the use of the levy funds, referred to in Article 26 b of the Copyright Act, 
shall be approved by the Ministry of Education annually after the expiration of the period for 
requesting the repayment under Article 26 e, second paragraph, of the Act. 
Article 38 
The plan for the use of the levy funds, referred to in Article 26 b of the Copyright Act, 
shall indicate 
(I) the proportion in which the funds shall be used for the compensations and joint 
purposes referred to in Article 26 a of the Copyright Act; 
(2) the collection and administration costs; 
(3) the bodies to which funds shall be paid; and 
(4) the shares of each body and the purposes which the funds are to be used. 
Article 39 
The promotion of music, film, television and video culture, including purposes advancing 
the employment of authors and the production of cultural services, as well as training and 
reseatch, shall be regarded as included among the joint purposes under Article 26 a of the 
Copyright Act. 
Article 40 
This Decree shall come into force on May 1, 1995. 
This Decree abrogates the Copyright Decree of August 25, 1961 (No. 441161), as well as 
later amendments. IP/NIlIFIN/CI 1 
Page 48 
FINLAND 
DECREE 
on the application of the Copyright Act in certain cases 
to protected items originating in States belonging to the 
European Economic Area 
Decree No. 575/1995 issued on April 21, 1995 
Article 1 Unofficial translation 
According to what is provided in this Decree, Articles 45, 46, 46 a, 48 and 49 of the 
Copyright Act shall be applied to any protected items originating in another State belonging 
to the European Economic Area. 
Article 2 
Article 45 of the Copyright Act shall be applied: 
1) to a performance which takes place in a State belonging to the European Economic 
Area; 
2) to a performance which is recorded on a contrivance, as defined in Article 3; and 
3) to a performance, which has not been recorded on a contrivance but which is 
included in a broadcast, as defined in Article 5. 
Whatever is provided in the first paragraph shall not be applied to the retransmission of 
a broadcast performance. 
Article 3 
Article 46 of the Copyright Act shall be applied to a contrivance the sound on which 
was recorded on the contrivance in a State belonging to the European Economic Area. 
Article 4 
Article 46 a of the Copyright Act shall be applied to a contrivance the moving picture 
on which was recorded on the contrivance in a State belonging to the European Economic 
Area. Article 5 
Article 48 of the Copyright Act shall be applied: IP/NI 1 IFIN/CI 1 
Page 49 
I) to a radio or television broadcast taking place in a State belonging to the European 
Economic Area; and 
2) to a radio or television broadcast taking place elsewhere, if the broadcasting 
operator1s principal place of business is in a State belonging to the European Economic Area. 
Article 6 
Article 49 a of the Copyright Act shall be applied to a photographic picture made by a 
person who is a citizen of a State belonging to the European Economic Area or who has his 
permanent domicile in a State belonging to the European Economic Area. 
Article 7 
This Decree shall come into force on May 1, 1995. 