Estonia - Article 30

Copyright

Does your national copyright legislation contain exceptions and other special provisions for people with visual impairment?
Do these exceptions allow for making copy of a book without the publisher's permission?
Do these exceptions allow for scanning books (in particular is an individual with visual impairment allowed to scan a book for him/herself, or does a special organization have to do it?)
Do these exceptions allow for sharing books produced on accessible formats? (in particular is an individual with visual impairment allowed to share with friends books he/she scanned?)
Are there special copyright provisions regarding accessible text books and other educational material?

 

1. Does your national copyright legislation contain exceptions and other special provisions for people with visual impairment?

Article 19 -Free use of works for scientific, educational, informational and judicial purposes- of the Estonian Copyright Act of 11 November 11 1992, as last amended by the Act of 30 June 2006 provides the following:

"The following is permitted without the authorisation of the author and without payment of remuneration if mention is made of the name of the author of the work, if it appears thereon, the name of the work and the source publication:
[…]
6) the reproduction, distribution and communication to the public of a lawfully published work in the interests of disabled persons in a manner which is directly related to their disability on the condition that such use is not carried out for commercial purposes. Works created especially for disabled persons may not be reproduced, distributed and made available without the authorisation of the author;"

Article 27 -Remuneration for private use of audiovisual works and sound recordings of works- provides the following:

"(5) The remuneration shall be repaid on the storage media and recording devices:
[…]
6) used for making recordings for the benefit of disabled persons."

Source:
http://portal.unesco.org/culture/en/files/39643/12511907653es_copyright_1992_2006_en.pdf/es_copyright_1992_2006_en.pdf

Distribution to individuals:
The exception specifically permits distribution which covers any transfer of ownership of physical copies including rental and lending, but commercial renting unlikely to be permitted as use must be for non-commercial purposes.

Distribution to organisations:
Probably permitted as distribution direct to visually impaired person does not seem to be required so long as end beneficiary of the organization is a blind person
Reference: Copyright Act of 11 November 11 1992, as last amended by the Act of 29 October 2004
Source:
http://www.wipo.int/meetings/en/html.jsp?file=/redocs/mdocs/copyright/en/sccr_15/sccr_15_7.html#P2951_461861

 

 

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2. Do these exceptions allow for making copy of a book without the publisher's permission?

Yes.
Name of the author, title of the work and source of the publication must be acknowledged
Reference: Copyright Act of 11 November 11 1992, as last amended by the Act of 29 October 2004
Source:
http://www.wipo.int/meetings/en/html.jsp?file=/redocs/mdocs/copyright/en/sccr_15/sccr_15_7.html#P2951_461861

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3. Do these exceptions allow for scanning books (in particular is an individual with visual impairment allowed to scan a book for him/herself, or does a special organization have to do it?)

No restrictions found

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4. Do these exceptions allow for sharing books produced on accessible formats? (in particular is an individual with visual impairment allowed to share with friends books he/she scanned?)

Activity must not conflict with the normal exploitation of the work or unreasonably prejudice the legitimate interests of the author
Reference: Copyright Act of 11 November 11 1992, as last amended by the Act of 29 October 2004
Source:
http://www.wipo.int/meetings/en/html.jsp?file=/redocs/mdocs/copyright/en/sccr_15/sccr_15_7.html#P2951_461861

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5. Are there special copyright provisions regarding accessible text books and other educational material?

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