Traditional Knowledge Laws: Estonia
Title | Copyright Act (consolidated text of January 1, 2017) |
Subject Matter | Traditional Cultural Expressions |
Issue(s) | Exceptions and Limitations; Scope of Protection |
Type(s) of Legislation | IP Law |
Subject Matter of Protection
Section 5 - Results of intellectual activity to which this Act does not apply
This Act does not apply to:
2) works of folklore.
Section 35 - Copyright in derivative works
(4) The provisions of subsection (1) of this section also apply to works the authors of which are unknown (works of folklore, anonymous works, etc.), works whose term of protection of copyright has expired and to results of intellectual activity to which this Act does not apply (§ 5).
Section 64 - Definition of performer
“performer” means an actor, singer, musician, dancer or another person or groups of persons who acts, sings, declaims, plays on an instrument or in any other manner performs literary or artistic works or works of folklore or supervises other persons upon the performance of works, or a person who performs in variety shows, circuses, puppet theatres, etc.
Exceptions and Limitations
Article 23 - Use of ephemeral recordings of works by broadcasters
(3) Ephemeral recordings prescribed in this section shall not be destroyed if they have considerable value in terms of cultural history. In such case, the recordings shall be preserved, without the authorisation of the author, in the archives of the broadcaster as works of solely documentary character. Works to be preserved in the archives shall be decided on by the broadcasting service provider or, in the case of a dispute, by the State Archivist.