WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/C/3 
16 February 2012 
 (12-0881) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Copyright Decree  (21.4.1995/574), as 
notified by Finland on 10 February 2011 unde r Article 63.2 of the Agreement (see 
document IP/N/1/FIN/3). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE 
  Le présent document contient le texte
1 du Décret sur le droit d'auteur (21.4.1995/574), notifié 
par la Finlande le 10 février 2011 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/FIN/3).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA 
  En el presente documento se reproduce el texto
1 del Decreto sobre Derecho de Autor 
(21.4.1995/574),  notificado por Finlandia el 10 de febrero de 2011 en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/FIN/3). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/FIN/C/3 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
COPYRIGHT AND RELATED RIGHTS 
   
   IP/N/1/FIN/C/3 
 Page 5 
 
 
  COPYRIGHT DECREE (21.4.1995/574) (Unofficial translation) 
 Amendments up to 18.12.2008/1004 included 
 
Use of works and other protected materi als in archives, libraries and museums  (15.12.2005/1036) 
 
Section 1  (14.10.2005/1036) 
The following institutions shall have the right to ma ke and distribute to the public copies of material 
protected by the Copyright Act (404/1961) in the manner referred to in section 16, section 16a(1–2), and section 16d of the Copyright Act and distribute it to the public:  
1. collectors of archives as defined in paragr aphs 1–3 and 5 of section 1(1) of the Archives 
Act (831/1994);  
 2. the Archives of the President of the Republic;   3. Government Archives;  4. War Archives;  
 5. National Archives;  
 6. Provincial Archives;   7. archives referred to in the Act on Stat e-subsidised Private Archives (998/1974); 
 8. Archives of the Evangelical Lutheran Church;  9. archives of public authorities in the Province of Aaland.  
Section 2  (15.12.2005/1036) 
(1) The following institutions shall have the right to make and distribute to the public copies of 
material protected by the Copyright Act in the ma nner referred to in section 16, section 16a(1–2), and 
section 16d:   1. the Library of Parliament;  
 2. libraries of universities referred to in the Universities Act (645/1997); (3.1.2008/1) 
3. scientific libraries operating in connection w ith archives referred to in the Act on State-
subsidised Private Archives; 
 4. other scientific libraries maintained by the State;  5. the Central Library of Public Libraries;   6. provincial libraries;  
 7. the Library for the Visually Impaired. 
(2) The following institutions shall have the right to  make and distribute to the public copies of works 
protected by  the Copyright Act in the manne r referred to in section 16, section 16a(1), and 
section 16d:   1. the National Repository Library; 
 2. libraries of polytechnics referred to in the Polytechnics Act (351/2003). 
 Section 3  (15.12.2005/1036) 
The following institutions shall have the right to ma ke and distribute to the public copies of material 
protected by  the Copyright Act in the manne r referred to in section 16, section 16a(2), and 
section 16d:  
 1. state-owned museums; 
 2. national specialist museums referred to in section 2 of the Museums Decree (1312/1992); 
 3. provincial museums;  4. regional art museums;  5. museums receiving state subsidy referred to in the Museums Act (729/1992). 
 
Section 4  (3.1.2008/1) 
The following institutions shall have the right to ma ke and distribute to the public copies of material 
protected by  the Copyright Act in the manner referred to in section 16d:   1. libraries referred to in the Act on Collec ting and Preserving Cultural Material (1433/2007); IP/N/1/FIN/C/3 
Page 6  
 
   2. the National Audiovisual Archive; 
 3. public libraries referred to in the Libraries Act (904/1998).  
Sections 5 and 6 were repealed by Act on December 15, 2005 /1036.  
 
Making works available for the handicapped  (15.12.2005/1036) 
 
Section 7 
(1) The Library for the Visually Impaired, as defi ned in the Act on the Library for the Visually 
Impaired (638/1996), the Finnish Federation of th e Visually Impaired (Näkövammaisten Keskusliitto 
ry), and the Finnish Deafblind Association (Suomen Kuurosokeat ry) shall have the right defined in 
section 17(2) of the Copyright Act to produce talking books.  (2) The Cultural Service for the Visually Impa ired (Näkövammaisten Kulttuuripalvelu ry), the 
Jyväskylä School for the Visually Impaired (Jyväskylän näkövammaisten koulu), the Swedish School for the Visually Impaired (Svenska skolan  för synskadade), and the Invalid Foundation 
(Invalidisäätiö) shall have the right defined in sec tion 17(2) of the Copyright Act to produce teaching 
materials in the form of talking books. (18.12.2008/1004) (3) The name of the author of the work and the performing artist shall be indicated on the talking 
books produced.  Section 7a  (15.12.2005/1036) 
The Finnish Association of the Deaf (Kuurojen Liitto  ry) shall have the right defined in section 17(3) 
of the Copyright Act to produce copies of works for the deaf and hearing impaired.   
Sections 8 to 12 were repealed by A on December 15, 2005 / 1036. 
 
Prohibition of action prejudicial to a work  
Section 13 
The prohibition specified in section 53 of the Copyright Act shall be pronounced by the Ministry of 
Education.  The subheading was repealed by Decr ee on December 15, 2005 / 1036.  
 Sections 14 and 15 were repealed by Decree on December 15, 2005 / 1036. 
Section 16 was repealed by Decree on 15 March, 1996 / 160. Section 17 was repealed by Decree on December 15, 2005 / 1036. 
 
Copyright Council 
 
Section 18 
(1) Upon proposal by the Ministry of Education the Government shall appoint to the Copyright 
Council, for a period of three years at a time, a chai rman, a vice-chairman, and at most fifteen other 
members, and a personal substitute member for each of them.  
(2) The Copyright Council shall have a secretary,  who shall be a civil servant appointed by the 
Ministry of Education. (15.12.2005/1036)  
Section 19 
(1) Most relevant holders of the rights prescribed in the Copyright Act and users of the protected 
items shall be represented in the Copyright Council. (2) The chairman, the vice-chairman and at least one  other member of the Copyright Council and their 
substitute members shall be persons who hold a M aster of Laws degree and are well-versed in  IP/N/1/FIN/C/3 
 Page 7 
 
 
  copyright law and who cannot be regarded as representi ng the interests of the right holders or users of 
protected items referred to in subsection 1.    
Section 20 
(1) 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. (2) A section shall be composed of a chairman, whom the Council shall appoint from among the members referred to in section 19(2), and the necessary number of other members.  Section 21 
(1) 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. (2) A section shall be deemed to constitute a quorum when the chairman of the section and at minimum one other member are present. 
 
Section 22  (15.12.2005/1036) 
The Ministry of Education shall decide on remunera tions for attending meetings paid to the chairman 
of the Copyright Council and its sections, members and secretaries, as well as experts heard by the Council or its sections.  Section 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 confirme d by the Ministry of Education upon proposal by 
the Council.  
Compensation for the reproductio n of a work for private use  (14.12.2006/1173) 
 
Section 24 
Subsection 1 was repealed by Ac t on December 14, 2006 / 1173. 
 
(2) Any uncut tape suitable for recording sound or images shall also be regarded as a device defined 
in Section 26a of the Copyright Act. 
(3) An entirely or partly recorded audio or video tape or other device shall also be regarded as a 
device defined in subsection 1 if it can be judged fro m the technical properties of the device, from the 
outer appearance or packaging of the device, fro m the smaller than usual proportion of recorded 
material on the device to the playing time of the device, from the quality of the recorded material, 
from the importation or sales price of the device, or from other circumstances that the device was 
evidently intended for use in the sa me manner as an unrecorded device. 
 Section 25  (14.12.2006/1173) 
The levy referred to in section 26a of the Copyrigh t Act shall be based on the playing time, calculated 
by the minute or full megabyte or gigabyte. 
 
Section 26 
(1) In the event that the playing time of a device refe rred to in section 26a of the Copyright Act can be 
determined by the user or varies otherwise, the levy shall be collected by using as the basis the 
average playing time of the device. 
(2) In cases defined above in section 24(3) the levy sh all be collected on the basis of the total playing 
time of the device.  IP/N/1/FIN/C/3 
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  Section 27 
Any device referred to in section 26a of the Co pyright 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. 
 
Section 28 
Any device referred to in section 26a of the Copyrigh t Act shall be regarded as having been imported 
when it has been handed over from the customs. If the device 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.  
Section 29 
Any device referred to in section 26a of the Copyrigh t Act shall be regarded as having been exported 
when the vehicle into which th e device has been loaded has fi nally, having passed the customs 
clearance, left the country, and, in the case of export to a Member State of the European Union, at the 
time when the device otherwise veri fiably has left the country. If the device is exported by post, it 
shall be regarded as exported when it has been  accepted for being transported by the post. 
 Section 30  (14.12.2006/1173) 
(1) Any activity 
1. which is continuing and regular, which is carri ed out for the purpose of gain, and in which 
recordings are made to be further conveyed to the public; or 2. in which recording is a prerequisite for th e activity or otherwise important to the activity 
and pertains to the line of business of the recorder, 
shall be regarded as professional production of copi es of a work referred to in paragraph 2 of 
section 26e(1) of the Copyright Act. (2) Any activity which is continuing and regular and carried out for the purpose of gain shall be regarded as professional activity referred to in para graph 4 of section 26e(1) of the Copyright Act. 
 Section 31  (14.12.2006/1173) 
An organisation referred to in section 26b of the Co pyright Act shall submit an annual statement of 
accounts to the Ministry of Education regarding the costs of administration of the levy and the use of proceeds from the levy.  Section 32  (14.12.2006/1173) 
The functions of collecting the levy shall include the collecting of levy from those obliged to pay, 
surveillance of the fulfilment of the prescribed payment obligation, keeping the levy sums until 
accounting, granting refunds and purchase authorisati ons referred to in section 26e of the Copyright 
Act, accounting levy funds in accordance with th e plan for the use of the funds referred to in 
section 26b of the Copyright Act, and submitting the st atement of accounts referred to in section 31 of 
this Decree.  
 
Section 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 propor tion allowed by the liquidity presupposed by the 
collection of the levy sums and by the plan for their use. 
 
Section 34 was repealed by Decree on December 14, 2006 / 1173.  
  IP/N/1/FIN/C/3 
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  Section 35 
The organisation shall reserve for the Ministry of Education an opportunity to inspect the accounting, 
administration and use of funds of the organisation insofar as attending to the functions referred to in 
section 32 is concerned.  
Section 36  (14.12.2006/1173) 
The matters referred to in sections 31—35 above sh all be indicated in the decision concerning the 
approving of the collecting organisation under section 26b of the Copyright Act.  
Section 37  
The plan for the use of the levy funds, referred  to in section 26b of the Copyright Act, shall be 
approved by the Ministry of Education annually af ter the expiration of the period for requesting the 
repayment under section 26e(2) of the Act.  Section 38  (14.12.2006/1173) 
The plan for the use of the levy funds, referred to in section 26b of the Copyright Act, shall indicate  
1. the proportion in which the funds shall be used for direct compensation to the authors and direct compensations to the authors for thei r common purposes referred to in section 26a of 
the Copyright Act; 2. administrative costs; 3. the bodies to which funds shall be paid; and 
4. the share of each body and the purposes the funds are used for. 
 
Section 39 
The promotion of music, film, television a nd video culture, includi ng purposes advancing the 
employment of authors and the production of cultural services, as well as training and research, shall 
be regarded as included among the joint purpo ses under section 26a of the Copyright Act. 
 
Section 40 
(1) This Decree shall come into force on May 1, 1995. 
(2) This Decree abrogates the Copyright Decree of August 25, 1961 (No. 441/61), as well as later 
amendments. 
 
Coming into force and application of the Decrees:  
 
March 15, 1996 / 160:  
This Decree shall come into force on March 25, 1996.   
December 15, 2005 / 1036: 
This Decree shall come into force on January 1, 2006.  
 
December 14, 2006 / 1173:  
This Decree shall come into force on January 1, 2007.   
January 3, 2008 / 1: 
This Decree shall come into force on January 14, 2008. 
 
December 18, 2008 / 1004: 
This Decree shall come into force on January 1, 2009. 
  
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