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IRIS 2015-7:1/13 [FI] Reintroduction of remuneration for “must-carry” retransmission

The remuneration for retransmission of programmes subject to a “must-carry” obligation was reintroduced to the Finnish Copyright Act (404/1961). The amendments to Sections 25(i) and 47 of the Copyright Act entered into force on 1 June 2015. Previously, Section 25(i) of the Copyright Act required no separate authorisation and right-holders were not entitled to remuneration for retransmitted works. Reference was made to Section 134 of the Communications Market Act, which included the “must-carry” obligation. However, this obligation is currently found in Section 227 of the Information Society Code...

IRIS 2015-7:1/12 [FI] Amendments to the Copyright Act with regard to network recording services

The Finnish Government bill (HE 181/2014 vp) proposed, among others, new provisions for network recording (PVR) services in the Finnish Copyright Act (404/1961) (see IRIS 2015-2/15). In March 2015, the proposal was accepted by Parliament with some amendments. Later, the Act amending the Copyright Act (607/2015) introduced a new Section 25 l to the Finnish Copyright Act. During the legislative process, the Education and Culture Committee proposed minor amendments to the formulation of the provisions and required a right of refusal to be included in the Section. The amending Act entered into force...

IRIS 2015-7:1/11 [FI] Amended provisions on online injunctions in the Copyright Act

Provisions of the Finnish Copyright Act (404/1961) on injunctions for the online environment have been reformulated and new provisions on preventive injunctions were introduced. This revision was deemed necessary due to some defects detected in the case law. Moreover, the new provisions are aimed at governing situations where the alleged infringer remains unknown or is situated abroad. The amending Act entered into force on 1 June 2015. The provisions, tailored for an effective enforcement of copyright in the online environment, were introduced to Sections 60(a) to 60(c) of the Copyright Act, which...

IRIS 2015-6:1/14 [FI] New system for compensating private copying

Reproduction for private purposes is permitted in Section 12 of the Finnish Copyright Act (404/1961), while compensation for private copying is regulated in Chapter 2a of the Act. In late 2014, the system was amended so that this compensation is included in the State budget. The reform meant a new formulation of Sections 26 a-b and references thereto, as well as the repealing of Sections 26 c-26 f and 26 h. The new provisions entered into force on 1 January 2015. However, levies collected in 2014 are paid out pursuant to the old provisions. The previous system relied on a levy imposed on the manufacturer...

IRIS 2015-3:1/11 [FI] Entry into Force of the New Information Society Code

Finland has undergone a comprehensive legislative reform in the field of electronic media and communications. The new Information Society Code (Tietoyhteiskuntakaari 917/2014) was enacted by Parliament in late 2014. To a large extent, the Code entered into force at the beginning of 2015. Some provisions of previous acts, however, have an extended applicability, while some provisions of the new Code will remain in force for a limited time (§ 351). The Code codifies and repeals acts such as the Communications Market Act (393/2003), the Act on Television and Radio Operations (744/1998), the Act on...