CU LT U R E I N F I N L A N D
Copyright protects
creative work
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Copyright protects creative work. Creative works include pieces of writing or music
(lyrics, compositions and arrangements), works of art, photographs, plays, films,
software and maps. Neighbouring rights protect for example the performance and
recordings of creative work..
In Finland, copyright takes effect
international organisations (WTO, OECD,
immediately after a work has been
Unesco, Council of Europe, WIPO etc.).
created; no registration, notification
or other measure is required. A work
Legislation
is eligible for copyright protection if
The Finnish Copyright Act was adopted in
it meets the threshold of originality.
1961 (404/1961), and it has been amended
Copyright does not protect topics,
several times since the 1980s. Provisions
ideas, methods, principles, information
on penalties for copyright offences are
contents or plots.
laid down in the Criminal Code (39/1889).
Key copyright duties of the
Ministry of Education and
Culture
The Copyright Decree entered into
EU directives
The Finnish copyright legislation is based
on international copyright agreements
and EU directives.
Finland has acceded to or ratified the
following agreements, among others:
• Berne Convention (Paris 1971);
• International Convention for the
force in 1995 (574/1995), the same year
Protection of Performers, Producers
as the Decree on the Application of
of Phonograms and Broadcasting
the Copyright Act in Certain Cases to
Organisations (Rome Convention,
The Ministry of Education and Culture
Protected Items Originating in States
is responsible for copyright matters
Belonging to the European Economic
in Finland. It prepares and develops
Area (575/1995).
copyright legislation and produces
International agreements and
Provisions on copyright are also
1961);
• WIPO Copyright Treaty (WCT,
1996) and WIPO Performances and
Phonograms Treaty (WPPT, 1996).
• In addition, Finland is bound by the
information about copyright. The
included in the Act on Orphan Works
Ministry also performs duties relating
(764/2013). Provisions on collective
Agreement on Trade-Related Aspects
to copyright administration, negotiates
management of copyrights shall be laid
of Intellectual Property Rights (TRIPS)
international copyright agreements,
down in a respective Act in 2017.
of 1995, which is an Annex to the
participates in the drafting of EU
Translations of Finnish acts and
legislation as well as represents
decrees into English are available at
Finland in copyright matters in
http://www.finlex.fi/en/laki/.
Agreement establishing the World
Trade Organization (WTO).
Nordic interagency cooperation and
Ministry of Education and Culture, Finland | Copyright protects creative work | 1/2017
Finland has also signed the Beijing Treaty
opportunities to acquire extensive user
on Audiovisual Performances (2012) and
rights for different purposes. Extended
the Marrakesh Treaty to Facilitate Access
collective licensing is by law available for
attention has been given to the
to Published Works for Persons Who Are
example in the following cases:
efficiency of the copyright system in
Blind, Visually Impaired or Otherwise
Print Disabled (2013).
The term of copyright protection is
in the European Union.
In recent years more and more
Finland.
• photocopying;
A set of guidelines for the assessment
• radio and TV transmission;
of the operation of national copyright
70 years from the death of the author,
• retransmission;
systems, applicable for international use,
following EU practice.
• use for internal communication;
was published in 2016. The guidelines
• use for educational and research
aim at supporting the establishment of
Extended collective licensing
Finland and the other Nordic countries
purposes; and
• use of works in archives, libraries
share a long and close history when it
and museums when it exceeds the
comes to the development of copyright
limitation provisions.
a reliable knowledge base for decision
making and the development of the
copyright system.
Read more about the guidelines and
the methodology framework on the
legislation.
Extended collective licencing also gives
website of Cupore at: www.cupore.fi/
developed a system of extended
newspapers and magazines and radio
copyright_methodology.
collective licensing which allows
and TV broadcasting companies the
copyright agreements, made between
opportunity to agree on the reuse of
a user and a representative collective
publications and programmes stored in
management organisation, to apply
their archives. The latest amendment to
to all copyright holders in a specific
the extended collective licensing rules
field, regardless of whether they are
from 2015 allows agreements on the use
members of the collective management
of works in online recording service of TV
organisation or not.
programmes.
In the 1980s the Nordic countries
The system of extended collective
Finland, unlike the other Nordic
licencing was designed to streamline
countries, does not have a system for
mass use of copyrighted works where
general extended collective licensing.
negotiating directly with individual
copyright holders is not possible or would
Copyright in the 2010s
be too expensive due to transaction
The development of the Finnish copyright
costs.
system mainly draws on EU policies and
The system improves the market
harmonisation. Finland participates
position of copyright holders and at
actively and ambitiously in the
the same time promotes the users’
development of the Digital Single Market
Ministry of Education and Culture, Finland | Copyright protects creative work | 1/2017