Copyright holder’s rights

According to Article 2 copyright provides exclusive right to authorise making copies of the work and making it available to the public in modified or unmodified form, as translation or adaptation, in another form of literature or art or by using another method.

Making copies means any form of copy making as well as transferring the work to some device with which the work can be duplicated.

The work is made available to public when

  1. it is communicated to the public by wire or wireless means, including communication in a way which enables members of the public to access the work from a place and at a time individually chosen by them;

  2. it is publicly performed to an audience present at a performance;

  3. a copy thereof is offered for sale, rental or lending or it is otherwise distributed to the public; or

  4. it is publicly displayed without the aid of a technical device.

The work is communicated to the public for example when it is made available through network. The distance between the public and the source of information may be short or long and people can also be at the same location. The work may also be communicated with the help of microphones or cameras in the presence of an audience. Communication to the public contains communication on request. The work is also communicated to the public when a person connected the network allows the use of his computer’s memory through the network. Depending on the situation communication to the public may be succeeded by public performance. (Government proposal 28/2004)

The work is performed in public when it is made available to the audience at present either to be heard or seen, alive or with the help of technical devices such as loudspeakers, screens or videos. When the work is made available at the same time to several persons through personal screen or earphone for example at a library or studio the activity is regarded as public performance. If the person, however, can self determine the time, when he gets to hear or see the work, the activity is regarded as communication to the public on request. Any work may be performed in public e.g. a photograph, a digital file of picture or a film. If a picture in such works is shown to a public at present with a technical device the activity is also regarded as public performance. (Government proposal 28/2004).

The work may be distributed in many ways, by offering for sale, rent or lend, by giving away, by trading etc.

The work may be shown in public either directly or indirectly. Right to show to the public concerns any work that may be shown in a relevant manner. For example photographs and other works of visual art, maps, explanatory drawings, graphic or plastic works may be shown.

Article 3 contains provisions of creator’s moral rights. The name of the creator has to be informed in accordance with good custom when copies are made of the work or the work is partly or wholly made available to the public. The work must not be altered or made available to the public in a way or in context or form prejudicial to the honour or reputations of the creator.

Opinions given by the Copyright Council: