According to § 14 of the Copyright Act, any person may under the license agreement and in accordance with the Copyright Act, make copies for use in teaching or research activities. [1] Copies made thus may, for the above purposes, be transmitted to the public in ways other than by radio or television. This provision is intended to facilitate production and dissemination of materials necessary for teaching and research. As the provision is implemented using a license agreement, use of works in accordance with the provision requires that the university has made an agreement with the organization responsible for the collective management of the works. The terms of use are determined by the aforementioned agreement.
This is a general contractual license provision regarding teaching and research activities, covering all types of work and allowing the reproduction of works using any technique. Thus also all digital methods of reproduction fall under the provision. The provision also allows the dissemination of works to an audience for teaching or research purposes. A university or other educational institution may thus disseminate over both an open network and a university's intranet, any material, which includes copyrighted works. The aforementioned use, however, always requires that the university has made an agreement regarding use, with the organization intended in the Copyright Act. Use of recordings made under this provision for other than teaching or research purposes is prohibited.
According to the current license agreement with Kopiosto, recordings of domestic and Nordic educational programs can be made for teaching and research purposes from the YLE, MTV3 and FST5 channels. In addition, non-educational programs from the above mentioned channels may be recorded and stored for a period of 2 years. YLE radio broadcasts may be recorded. The recording format can be VHS cassette, CD, C-cassette, or digibox. Programs can also be stored to a network server, if the server is used within the university's intranet or a closed network between two educational institutions, which fall under the same license agreement. According to the provision, the use of television and radio programs recorded for activities other than teaching and research is prohibited.
According to § 14.2 of the Copyright Act, copies of a work presented by a teacher or student may be made by methods to capturing sound or image [2]. Such reproduction is, however, only permitted for short-term use in teaching. For example, a seminar presentation or lecture by a teacher can be recorded under this provision, without the permission of the author of the work. However, such copies cannot be used for any other purposes. According to the preparatory materials of the Act, only direct recording of sound or image is permitted, therefore copies of the recording may not be made. Short-term is taken to mean the time necessary for the teaching situation in question. [3] Uses allowed under the provision may include, for example, the use, by people present in the teaching situation, of the recording to help assess or take in a presentation.
In certain cases, copies of a work presented by the student may need to be kept for longer than just temporarily. In addition, for the legal protection of the student, the image and sound recordings used as examination material may need to be kept for longer than just temporarily. This can be done by agreement, where the student grants the university limited access to material produced by them.
Notes and References
[3] Government proposal 32/1984 p. 12