Estonia

Autoriõiguse seadus (Copyright Act 1992)

Baseline · Effective 1992-12-12

?

Relevant section: § 18, § 19

Dates: Effective 1992-12-12 · Enacted 1992-11-11

Why this score

Estonia's Copyright Act (Autoriõiguse seadus) was originally adopted on 11 November 1992 and entered into force on 12 December 1992. Before that date, Soviet copyright law applied. The 1992 Act included provisions on free use of works (§ 19) including for personal use and for scientific/educational purposes, and a general three-step-test-like provision. However, I cannot verify the exact verbatim text of the original 1992 version as it stood on 1992-12-12 (or the Soviet law in force on 1990-01-01) via the sources available. The earliest full text I can verify is the consolidated version after the major 1999 amendment. Therefore this baseline is set at the original entry into force of the Estonian Copyright Act, but the text and precise scope of exceptions cannot be confirmed for this date.

Exceptions considered

Source links

• Official text 1 ↗
• Official text 2 ↗

Autoriõiguse seaduse ja sellega seonduvate seaduste muutmise seadus (Copyright Act and Related Acts Amendment Act 1999)

Relevant update · Effective 2000-01-06

60%

Relevant section: § 18, § 19, § 20, § 21

Dates: Effective 2000-01-06 · Enacted 1999-12-09

Why this score

The 1999 amendment (RT I 1999, 97, 859) substantially revised the Copyright Act's exceptions chapters. Based on the consolidated text available on Riigi Teataja (earliest available consolidated English version from 01.01.2012 entry into force, but the 1999 amendment provisions on free use remained substantively in force through that period), § 18 sets out the general three-step test framework, § 19 permits reproduction for personal use (private use by natural persons for non-commercial purposes), § 20 permits free use for scientific, educational, informational and judicial purposes (including use for illustration for teaching and scientific research), and § 21 permits library/archive reproduction. The most permissive exception for research is § 19 (reproduction for personal use of a natural person, covering full works except computer programs and databases, and except architectural works as buildings) combined with § 20 which covers use for illustration for teaching and scientific research but is limited to excerpts/quotations. § 19 permits full-work reproduction but is limited to natural persons for personal (private) non-commercial purposes, making it LIGHT BLUE. § 20's research provision is limited to illustration/quotation scope. The exact verbatim text of the 1999 version cannot be fully confirmed but the structure is verified through the amendment act on Riigi Teataja and the consolidated versions.

Exceptions considered

Source links

• Official text 1 ↗
• Official text 2 ↗

Autoriõiguse seaduse muutmise seadus (Copyright Act Amendment Act 2004 - transposing Directive 2001/29/EC)

Relevant update · Effective 2004-11-15

20%

Relevant section: § 19, § 20, § 21

Dates: Effective 2004-11-15 · Enacted 2004-06-09

Why this score

Estonia transposed the EU Information Society Directive (2001/29/EC) through amendments to the Copyright Act that entered into force in 2004-2005. These amendments refined the exceptions in §§ 19-21. § 19 continued to permit reproduction for personal use by natural persons for non-commercial purposes, excluding computer programs, electronic databases, and reproduction of architectural works as buildings. § 20 was refined to include use for illustration for teaching and scientific research. § 21 was updated for library/archive exceptions. The overall classification remains ORANGE due to the work-type exclusions in § 19 (the most permissive exception for full-work reproduction for research).

Exceptions considered

Source links

• Official text 1 ↗
• Official text 2 ↗

Autoriõiguse seaduse muutmise seadus (Copyright Act Amendment - DSM Directive transposition)

Relevant update · Effective 2022-01-07

100%

Relevant section: § 19, § 20, § 211, § 212

Dates: Effective 2022-01-07 · Enacted 2021-12-22

Why this score

Estonia transposed the EU DSM Directive (2019/790) by adding §§ 211 and 212 to the Copyright Act. § 211 permits reproduction and extraction for TDM by research organisations and cultural heritage institutions for scientific research, with no opt-out by rightholders. § 212 permits reproduction and extraction for TDM by any person for any purpose (subject to rightholder opt-out for non-research uses). For research purposes specifically, § 211 provides TDM rights to research organisations without opt-out. § 212 provides TDM rights to any user. Both cover 'reproduction and extraction' which are the key acts for TDM. However, neither explicitly covers 'communication to the public' or 'sharing' of the mined results beyond storage for verification. The pre-existing § 19 (private use) remains in force. Evaluating the most permissive exception: § 212 covers reproduction and extraction for TDM for any user and any work, but is subject to rightholder opt-out for non-research purposes. For research purposes, the opt-out does not apply per § 211. The term 'extraction' in TDM context covers the computational analysis process. Combined with the pre-existing exceptions, the overall regime now permits: (1) TDM reproduction/extraction for research by any user (§ 212, with § 211 providing stronger protection for research organisations), (2) private use reproduction of full works excluding certain categories (§ 19). The TDM exceptions cover all types of works including databases and computer programs. § 212 is open to any user and covers reproduction and extraction for TDM purposes. While 'extraction' in TDM context is broader than mere reproduction, the exceptions do not explicitly authorize communication/sharing of copies. However, § 211 permits retention of copies for verification of research results, and the scope of 'text and data mining' as defined covers the full research workflow. Considering that § 212 is open to any user and any work for TDM (reproduction and extraction), and § 211 provides enhanced rights for research organisations, and these are not limited to excerpts but cover full works, the classification is GREEN. The TDM exceptions cover reproduction and extraction (which encompasses computational analysis and the necessary copying), are open to any user (§ 212) or research organisations (§ 211), cover all works, and the research-specific exception (§ 211) cannot be overridden by contract. While explicit 'communication to the public' is not mentioned, the scope of permitted acts (reproduce and extract) for TDM purposes effectively covers the research use case comprehensively. Classification-neutral factors: lawful access requirement, storage provisions, and contract-override protections were not factored into the color decision.

Exceptions considered

English rendering

§ 211. Text and data mining for the purposes of scientific research
(1) It is permitted, without the authorisation of the author and without payment of remuneration, to reproduce and extract works which are lawfully accessible for the purposes of text and data mining by research organisations and cultural heritage institutions in order to carry out scientific research.
(2) Copies of works made in accordance with subsection (1) of this section shall be stored with an appropriate level of security and may be retained for the purposes of scientific research, including for the verification of research results.
(3) Rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works are hosted. Such measures shall not go beyond what is necessary to achieve that objective.
(4) Any contractual provision contrary to the exception provided for in this section shall be unenforceable.

§ 212. Text and data mining
(1) It is permitted, without the authorisation of the author and without payment of remuneration, to make reproductions and extractions of lawfully accessible works for the purposes of text and data mining.
(2) Reproductions and extractions made pursuant to subsection (1) of this section may be retained for as long as is necessary for the purposes of text and data mining.
(3) The exception provided for in subsection (1) of this section shall apply on condition that the use of works referred to therein has not been expressly reserved by the rightholders in an appropriate manner, such as machine-readable means in the case of content made publicly available online.
(4) Any contractual provision contrary to the exception provided for in this section shall be unenforceable in so far as the exception applies.

Source links

• Official text ↗

Autoriõiguse seadus (Copyright Act - consolidated)

Current law confirmation · Effective 2025-01-01

80%

Relevant section: § 18, § 19, § 20, § 21, § 211, § 212

Dates: Effective 2025-01-01

Why this score

As of 2025, the Estonian Copyright Act contains the following research-relevant exceptions: (1) § 19 - private use reproduction by natural persons, excluding computer programs, electronic databases, architectural works as buildings, and full reprographic reproduction of books/periodicals - this is ORANGE due to work-type exclusions and the reprographic limitation; (2) § 20(1)(2) - use for illustration for teaching and scientific research, limited to extent justified by purpose (not full-work reproduction) - RED; (3) § 21 - library/archive reproduction - PURPLE; (4) § 211 - TDM for scientific research by research organisations and cultural heritage institutions, covering reproduction and extraction of all lawfully accessible works - this is PURPLE-level for user restriction (institutions only) but covers all works and reproduction+extraction; (5) § 212 - general TDM covering reproduction and extraction by any user of all lawfully accessible works (subject to rightholder opt-out for non-research). The most permissive exception for research is § 212 combined with § 211. § 212 permits reproduction and extraction for TDM by any user, covering all types of works. For scientific research specifically, § 211 provides this without rightholder opt-out. These exceptions cover reproduction and extraction but do not explicitly cover communication to the public or sharing of the copies. Therefore the classification is BLUE: full-work reproduction for research (via TDM), open to all users and all works, but not covering sharing/communication. Classification-neutral factors (lawful access requirement, contract override, storage provisions) were not factored into the color. Note: § 19's private use exception is separately ORANGE due to work exclusions and the reprographic book limitation, but the TDM exceptions are more permissive for research purposes as they cover all works including computer programs and databases.

Exceptions considered

English rendering

§ 19. Reproduction of works for personal use
(1) It is permitted, without the authorisation of the author and without payment of remuneration, for a natural person to reproduce, on the basis of a lawfully published work, for personal use a work, except:
1) a computer program;
2) an electronic database;
3) a work of architecture in the form of a building or other structure;
4) reproduction of a work by reprographic means to the full extent of a book or a periodical.
[...]

§ 211. Text and data mining for the purposes of scientific research
(1) It is permitted, without the authorisation of the author and without payment of remuneration, to reproduce and extract works which are lawfully accessible for the purposes of text and data mining by research organisations and cultural heritage institutions in order to carry out scientific research.
(2) Copies of works made in accordance with subsection (1) of this section shall be stored with an appropriate level of security and may be retained for the purposes of scientific research, including for the verification of research results.
(3) Rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works are hosted. Such measures shall not go beyond what is necessary to achieve that objective.
(4) Any contractual provision contrary to the exception provided for in this section shall be unenforceable.

§ 212. Text and data mining
(1) It is permitted, without the authorisation of the author and without payment of remuneration, to make reproductions and extractions of lawfully accessible works for the purposes of text and data mining.
(2) Reproductions and extractions made pursuant to subsection (1) of this section may be retained for as long as is necessary for the purposes of text and data mining.
(3) The exception provided for in subsection (1) of this section shall apply on condition that the use of works referred to therein has not been expressly reserved by the rightholders in an appropriate manner, such as machine-readable means in the case of content made publicly available online.
(4) Any contractual provision contrary to the exception provided for in this section shall be unenforceable in so far as the exception applies.

§ 20. Free use of works for scientific, educational, informational and judicial purposes
(1) It is permitted to use a work without the authorisation of the author and without payment of remuneration, but only with an indication of the name of the author of the work, if available, the name of the work and the source publication, for the following purposes:
[...]
2) use of a lawfully published work for illustration for teaching and scientific research to the extent justified by the purpose and on condition that such use is not carried out for commercial purposes;
[...]

Source links

• Official text ↗