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Digital collections and legal challenges in Estonia

Karmen Linask

Copyright coordinator

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DIGAR

•Digital Archive - publications that are deposited and submitted by publishers, and publications from libraries collections that are digitised

•2012 – 16 376 titles, 1 833 477 files

•In 2012 – 856 searches per day

•Types of publications: books, newspapers, magazines,

•Types of publications: books, newspapers, magazines,

periodicals, academic works, government publications, maps, postcards and sheet music, web publications (according to the Legal Deposit Act)

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• Estonian Copyright Act 1992

• Changed 31 times

• Expert Group on the Codification of the Intellectual Property Law –New Copyright Draft Act by autumn 2014

• Libraries Copyright Working Group

• Libraries Copyright Working Group (National Library of Estonia (NLE),

University of Tartu Library, Tallinn Central Library, Academic Library of Tallinn

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• Digitally born e-books (Epub, pdf)

• Digitized content (pdf)

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Tangiable copies

• Concept of exhaustion

• First sale doctrine Digital content

Digital content

• No concept of exhaustion or first sale doctrine

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Use of digital works

• License agreement

• Copyright Act - Exceptions and limitations

• Legal Deposit Draft Act – Pre-print files

• Legal Deposit Draft Act – Pre-print files

accessible via authorised workstations in the premises of library (NLE, Academic Library of Tallinn University, Tallinn University of

Technology Library, University of Tartu Library)

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Copyright Act

§ 20. Free use of works by public archives, museums or libraries

(1) A public archive, museum or library has the right to reproduce a work included in the right to reproduce a work included in the collection thereof without the authorisation of its author and without payment of

remuneration, in order to:

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Digitisaton of works

Estonian Copyright Act § 20 (3) - A public

archive, museum or library has the right to use a work included in the collection thereof without the authorisation of its author and without

payment of remuneration for the purposes of an exhibition or the promotion of the collection to payment of remuneration for the purposes of an exhibition or the promotion of the collection to the extent justified by the purpose

How to find information about rights holders

Legal succession for Soviet period publishers?

Newspapers – embedded works

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Solutions?

• Extended collective licensing on periodicals and mass digitisation projects

• Orphan works directive on special collections

• Diligent search easy and sensible (no page-by

• Diligent search easy and sensible (no page-by page examination requirement), managed by one institution

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Thank you!

Karmen.Linask@nlib.ee

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