Loi sur le droit d'auteur (texte consolidé du 15 février 1999), Estonie, WIPO Lex

Texte(s) princip(al)(aux)

Anglais Copyright Act (consolidated text of February 15, 1999)

Copyright Act

Adopted on 11 November 1992

TABLE OF CONTENTS

Section

Chapter I: General Provisions

Purpose and Objectives of Copyright Law.................... 1

Field of Application of Copyright Law......................... 3

Chapter II: Works Protected by Copyright

Works in Which Copyright Subsists ............................. 4

Results of Intellectual Activities to Which this Law

Subsistence of Copyright Irrespective of Purpose,

Value, Manner of Expression and Method of Fixation

Works Performed in Public, Exhibited to the Public

Shall not Apply ............................................................. 5

of Works ....................................................................... 6

Commencement of Copyright Protection...................... 7

and Works Made Available to the Public...................... 8

Published Works ........................................................... 9

and Communicated to the Public................................... 10

Pirated copy .................................................................. 101

Chapter III: Rights Arising upon Creation of a Work

Contents of Copyright ................................................... 11

Moral Rights ................................................................. 12

Economic Rights ........................................................... 13

Author’s Right to Remuneration ................................... 14

Remuneration for Resale of Works of Fine Art ............ 15

Chapter IV: Limitations of The Economic Rights of the Author

(Free Use of Works)

1. Basic Provisions

Limitations on Author’s Economic Rights.................... 17

Free Use of Works for Private Purposes ....................... 18

2. Use of Works Without Author’s Consent and Without

Payment of Remuneration

Free Reproduction of Works for Scientific,

Educational, Informatory, Legal and Administrative

Purposes ........................................................................ 19

Free Reproduction of Works by Libraries, Archives

Use of Ephemeral Recordings by Radio and

and Museums ................................................................ 20

Repealed........................................................................ 21

Free Public Performance of Works ............................... 22

Television Organizations .............................................. 23

Free Use of Computer Programs ................................... 24

Free Decompilation of Computer Programs.................. 25

3. Use of Works Without the Author’s Consent but

Against Payment of Remuneration

Use of Audiovisual Works and Sound Recordings of

Works for Private Purposes........................................... 26

Remuneration for Use of Audiovisual Works and

Sound Recordings of Works for Private Purposes ........ 27

Chapter V: Owners of Copyright

Author of a Work .......................................................... 28

Presumption of Authorship

........................................... 29

Joint Authorship............................................................ 30

Contract......................................................................... 32

Rights of Heirs .............................................................. 36

Chapter VI: Duration of Copyright

Term of Copyright Protection ....................................... 38

Duration of Copyright in Anonymous Works or in

Works Made Available to the Public Under

Duration of Copyright in Collective Works,

Protection of Authorship, Author’s Name, Author’s

Honour and Reputation and Titles of Works of

Duration of Copyright in Works of Joint Authorship.... 39

Pseudonym.................................................................... 40

Audiovisual Works and Photographic Works ............... 41

Duration of Copyright in Works of Applied Art ........... 42

Commencement Date of Copyright Protection ............. 43

Unlimited Duration ....................................................... 44

Use of Works after Expiration of Term of Copyright ... 45

Chapter VII: Use of Works

1. Basic Provisions

Use of Works by Other Persons .................................... 46

Licence to Use Works ................................................... 47

2. Author’s Contracts

Concept of Author’s Contract ....................................... 48

Authors’ Contracts on Creation of New Works

Rights Transferred to Users of Works by Virtue of

Liability of the Author or his Successor in Title for

Liability of the User of a Work for Violation of an

Rights of the Author on Reorganization and

Chapter VIII: Rights of Performers, Producers of Phonograms and

Radio and Television Organizations (Rights

Neighbouring on Copyright)

Field of Application of Rights Neighbouring on

Form of Authors’ Contracts .......................................... 49

Standard Authors’ Contracts ......................................... 50

Concluding Author’s Contracts..................................... 51

Duration of Authors’ Contracts..................................... 52

Starting Date of Use of Works ...................................... 53

Limitations on the Use of the Work by a Third Party ... 54

Payment of Author’s Remuneration.............................. 55

(Contracts of Commission) ........................................... 56

Contracts ....................................................................... 57

Violation of an Author’s Contract................................. 58

Author’s Contract.......................................................... 59

Compensation for Damages .......................................... 60

Dissolution of Organizations......................................... 61

Concept of Rights Neighbouring on Copyright............. 62

Concept of Performer.................................................... 64

Rights of Performers ..................................................... 65

Moral Rights of Performers........................................... 66

Economic Rights of Performers .................................... 67

Chapter IX:

Chapter X:

Chapter XI:

Amended:

21.01.1999

25.03.1998 26.06.1996 (RT I 1996, 49, 953)

Authorization to Use Performances .............................. 68

Concept of Producer of Phonograms............................. 69

Rights of Producer of Phonograms ............................... 70

Notice of Protection of Phonograms ............................. 71

Remuneration for Use of Phonograms .......................... 72

Rights of Radio and Television Organizations.............. 73

Duration of Rights Neighbouring to Copyright............. 74

Limitations on Rights Neighbouring on Copyright ....... 75

Collective Management of Rights

Organisations Representing Authors, Performers,

Producers of Phonograms, Broadcasting Organisations

and other Rightholders .................................................. 76

Principles and Methods of Activities of Collective

Management Organisations........................................... 77

Guarantees for Members of Collective Management

Organisations ................................................................ 78

Management of Cable Retransmission Right by

Collective Management Organisations.......................... 79

Protection of Rights and Liability

General Principles of Liability ...................................... 80

Protection of Copyright and Related Rights under

Civil Law ...................................................................... 81

Protection of Copyright and Related Rights under

Criminal Law ................................................................ 82

Administrative Liability of Legal Persons..................... 83

Proceeding in Matter Regarding Administrative

Offence Committed by Legal Person ............................ 84

Implementation of Act

Ascertainment of Pirated Copies and Prevention of

Further Circulation Thereof .......................................... 85

Further Handling of Seized Computer System.............. 86

Protection of Works and Results of Work of

Performers, Producers of Phonograms or Broadcasting

Organisations Created before Entry into Force of this

Act................................................................................. 88

Implementing Acts ........................................................ 89

CHAPTER I

GENERAL PROVISIONS

Purpose and Objectives of Copyright Law

1.—(1) The purpose of Copyright Law is to guarantee the continuous development of

culture and the protection of cultural achievements, as well as to create conditions favourable

to authors, performers of works, producers of phonograms and radio and television

organisations for creation and the use of works.

(2) The Copyright Law shall establish:

1. the protection of the specific right (copyright) of the author of literary, artistic and

scientific works to the results of their creative activities;

2. the circle of persons who may acquire rights in literary, artistic and scientific works,

created by authors, and their rights;

3. the rights of performers, producers of phonograms and radio and television

organizations (rights neighbouring on copyright);

4. the limitations on the exercise of copyright and of neighbouring rights in the use of

works for the benefit of the society;

5. the guarantees for the exercise of copyright and neighbouring rights and the

protection thereof.

(3) This Act takes account of the Council Directive of 19 November 1992 on rental

right and lending right and on certain copyright related rights in the field of intellectual

property (92/100/EEC) (OJ L 346 27.11.92) and Council Directive of 27 September 1993 on

the coordination of certain rules concerning copyright and copyright related rights applicable

to satellite broadcasting and cable retransmission (93/83/EEC) (OJ L 248 06.10.93).

(21.01.1999)

Copyright Acts

2.—(1) Copyright acts of the Republic of Estonia consist of this Law, other laws which

are developed on the basis of this Law and other normative acts of the Government, the

Ministries and State Boards of the Republic.

(2) In case of conflict of the copyright act with an international treaty adhered to by the

Republic of Estonia, the provisions of the international treaty shall apply.

Field of Application of Copyright Law

3.—(1) Copyright Law shall apply to works:

1. the author of which is a national of or has his permanent residence in the Republic of

Estonia;

2. first published in the territory of the Republic of Estonia or not published, but

located in the territory of the Republic of Estonia, irrespective of the nationality or the

permanent residence of the creator of the work;

3. which require protection in the Republic of Estonia by virtue of international treaties

to which the Republic of Estonia is a party.

(2) The Copyright Law shall also apply to works first published in another country or

to works which are unpublished, but located in the territory of another country, the author of

which is a person who has his permanent residence or location in the territory of another

country, and to which shall not apply Subparagraph 3 of Paragraph 1 of this Section, provided

the other country guarantees similar protection to works of authors of the Republic of Estonia

and to works first published in the Republic of Estonia.

(3) A work is presumed to be protected by copyright except if, based on this Act or

other copyright legislation, there are apparent circumstances which preclude this. The burden

of proof lies on the person who contests the protection of a work by copyright.

(21.01.1999)

CHAPTER II

WORKS PROTECTED BY COPYRIGHT

Works in Which Copyright Subsists

4.—(1) Copyright subsists in literary, artistic and scientific works.

(2) “Works” for the purposes of this Law mean any original results of a person’s

creative activities in the literary, artistic or scientific domain, which have been expressed in an

objective form and in this form can be perceived and reproduced either directly or by means

of a technical device.

(3) Works in which copyright subsists are:

1. written works in the field of fiction, nonfiction, politics, education, etc.;

2. scientific works and works of popular science, either written or threedimensional

(monographs, articles, reports on scientific research, plans, schemes, patterns, models, tests

etc.);

3. computer programs, which shall be protected as written works;

4. speeches, lectures, reports, sermons and other works consisting of words, which are

expressed orally (oral works);

5. scenarios and sketches for scenarios, librettos;

6. dramatic and dramaticomusical works;

7. musical compositions with and without text;

8. choreographic works and pantomimes;

9. audiovisual works (films for display at the cinema and on television, video films and

programmes, television broadcasts);

10. radio works;

11. works of painting, graphic arts, typography, drawings, illustrations;

12. stage productions and works of theatre design;

13. works of sculpture;

14. architectural graphics (drawings, sketches, schemes, figures, plans, projects etc.),

explanatory letters, texts, programmes, interpreting the contents of the project, works of

architectural plastic (models, patterns etc.), works of architecture and landscape design

(buildings, structures, parks, green areas etc.), town layout assemblies and complexes;

15. works of applied art;

16. works of design and fashion design;

17. photographic works and works expressed by a process analogous to photography,

slides and slide films;

18. cartographic works (topographical, geographical, geological etc. maps, atlases,

models);

19. drafts of normative acts;

20. opinions, reviews, expert opinions etc.;

21. derivative works, i.e. translations, adaptations of an original work, modifications

(arrangements) of a work and other transformations of a work;

22. collections of works and collections of information (including databases);

23. other works.

(4) The author shall enjoy copyright also in the results of intermediate stages of the

creation of his work (sketches, drafts, plans, drawings, chapters etc.), provided these meet the

conditions of Paragraph 2 of this Section.

(5) The original title (heading) of the work shall enjoy protection on the same basis as

the work.

(21.10.1999; 22.02.1999)

Results of Intellectual Activities to Which this Law Shall not Apply

5. This Law shall not apply to:

1. ideas, images, notions, theories, processes, systems, methods, conceptions,

principles, discoveries, inventions and other such results of intellectual creation, described,

explained or otherwise expressed in a work;

2. expressions of folklore;

3. normative acts and administrative documents (laws, decrees, regulations, statutes,

instructions, orders) as well as official translations thereof;

4. court decisions and official translations thereof;

5. the official symbols of the State and symbols of organizations (flags, coats of arms,

orders, medals, badges etc.) and banknotes;

6. news of the day;

7. mere facts and data.

Subsistence of Copyright Irrespective of Purpose, Value,

Manner of Expression and Method of Fixation of Works

6. The purpose, value, specific manner of expression or method of fixation shall not

provide the basis for denial of copyright.

Commencement of Copyright Protection

7.—(1) Copyright in a work shall commence upon the creation of the work.

(2) The creation of a work means the moment of fixing the work in an objective form

which permits it to be perceived and reproduced.

(3) Registration or deposit of the work or the fulfilment of other formalities shall not be

required in order to enjoy and exercise copyright.

Copyright in Works Not Made Available to the Public and Works Made Available to the

Public

8. Copyright shall subsist in works not made available to the public as well as works

made available to the public (published, performed in public, exhibited to the public and

broadcast to the public). The public means an indeterminate circle of persons outside the

family and close social acquaintances.

Published Works

9.—(1) A work is considered to be published if a work or copies of the work,

reproduced in any form, have been made available to the public, with the consent of the

author, to an extent which allows the public to become familiar with it or to acquire it.

Publishing a work includes printing the work, putting copies of the work on sale, distribution,

lending, renting and other ways of allowing the work to be used, either free of charge or for

compensation.

(1 1 ) For the purposes of this Act, “rental of a work or copies thereof” means making the

work or copies thereof available for use, for a limited period of time and for direct or indirect

economic advantage.

(1 2 ) For the purposes of this Act, “lending of a work or copies thereof” means making

the work or copies thereof available for use, for a limited period of time and not for direct or

indirect economic advantage, when this is made through establishments which are accessible

to the public.

(2) The work is considered to be published if it is stored in a computer system available

to the public.

(3) The performance of a dramatic, a musical dramatic or a musical work, the

demonstration of an audiovisual work, the public recitation of a literary work, the

broadcasting of a literary or artistic work on radio and television or the communication of a

work to the public by cable shall not constitute publication, except for cases referred to in

Paragraph 2 of this Section.

(21.01.1999)

Works Performed in Public, Exhibited to the Public and Communicated to the Public

10.—(1) A work shall be considered performed if it has been recited, played, danced,

acted or executed in any other manner either directly or by means of a technical device or

process.

(2) A work shall be considered exhibited if a work or a copy of the work has been

demonstrated either directly or by means of a film, a slide, television or any other technical

device or process.

(3) A work shall be considered communicated to the public if it has been made

available to the public by means of radio broadcasting, television, cable network or any other

means, apart from distribution of copies of the work.

(4) Public performance, public display or communication to the public of a work shall

include:

1. making the work available to the public at a place open to the public or at a place not

open to the public but where a large number of persons outside the family and close social

acquaintances is present;

2. communication to the public of a work or retransmission of a work by means of any

technical device or process, irrespective of whether it has been actually perceived by the

public.

(21.10.1999)

Pirated copy

10 1 .—(1) For the purposes of this Act, “pirated copy” means a copy, in any form and

whether or not with a corresponding packaging, of a work or object of copyright related rights

which is reproduced without the consent of the author of the work, holder of copyright or

holder of copyright related rights.

(2) A copy of a work or object of copyright related rights which has been reproduced in

a foreign country with the consent of the author of the work, holder of copyright or holder of

work, holder of copyright or holder of copyright related rights is also deemed to be a pirated

copy.

(21.10.1999)

CHAPTER III

RIGHTS ARISING UPON CREATION OF A WORK

Contents of Copyright

11.—(1) Upon creation of a work the author of the work shall enjoy copyright in it.

The contents of copyright shall include moral rights and economic rights.

(2) The author’s moral rights shall be insepar able from the author’s person and shall

not be transferable during the author’s lifetime.

(3) The author’s economic rights shall be tran sferable either as separate rights or as a

collection of rights, against or without compensation.

(4) Limitation of the author’s moral and econo mic rights may occur only in cases

prescribed by this Law.

Moral Rights

12.—(1) The author of a work shall enjoy the right:

1. to maintain publicly that he is the creator of the work and to claim recognition of the

creation of the work by attaching the authorship to his person and name in connection with

any use of the work (right to authorship);

2. to decide in which manner the author’s name shall be indicated on the use of his

work—either by the author’s citizen name, by an author mark, by a borrowed name

(pseudonym) or without the indication of the name (anonymously) (right to the author’s

name);

3. to make or to authorize other persons to make any modifications in his work, in its

title (designation) or in the indication of the author’s name, as well as to object to

modifications made without the author’s consent (right of inviolability of the work);

4. to permit works of other authors (illustrations, prefaces, postscripts, commentaries,

explanations, new parts etc.) to be added to his work (right to additions to the work);

5. to object to any distortions and other inaccuracies in the work itself, in the title

thereof or in the indication of the author’s name or to malrepresentation of the author and his

work which would be prejudicial to his honour and reputation (right to the protection of the

author’s honour and reputation);

6. to determine when the work is ready to be presented to the public (right to make the

work available to the public);

7. to revise and amend a work already presented to the public (right to revise a work);

8. to claim the termination of the use of the work (right to withdraw the work);

9. to demand the removal of the author’s name from the work currently in use.

(2) Exercising the rights fixed under Subparagraphs 7, 8 and 9 of Paragraph 1 of this

Section shall occur at the expense of the author and the author shall be obliged to compensate

for the damages incurred by the person who has been using the work.

Economic Rights

13.—(1) The author shall enjoy the exclusive right to use his work in any manner, to

authorize and prohibit the use of the work by other persons in the same manner, and to profit

from such use of his work, except for cases prescribed by Chapter IV of this Law. The

author’s rights shall include the rights:

1. to reproduce his work (right of reproduction of the work). “Reproduction” means

making either one or several copies of a work or a part of a work in any material form;

2. to distribute his work and copies thereof to the public either by sale or by other

transfer of the ownership right by means of lending, renting or other authorization of the use

of the work (right of distribution). On sale or other form of transfer of ownership of the

original or copies of the work, the said right shall be considered exhausted, except in the cases

specified in Paragraph 2 of this Section;

3. to import copies of the work published abroad for the purpose of their public

distribution (sale, lending, rental and other uses);

4. to translate his work (right of translation);

5. to make adaptations, arrangements and other transformations of his work (right of

adaptation of the work);

6. to compile and publish collections of his works and to systematize his works (right to

collections of works);

7. to perform the work in public either by means of a live or a technically mediated

performance (right of public performance);

8. to display the work to the public (right of display). “Displaying a work” means

showing the work or a copy thereof either directly or by means of a film, slide, television or

any other technical device or process;

9. to communicate his work to the public on radio, by television, cable, satellite and by

means of other technical devices (right of communication);

10. to execute his architectural project in a manner stipulated by the laws;

11. to execute a project of his work of design, applied art etc.

(2) The author of an audiovisual work, a work included in a phonogram, a computer

program, a work which can be used by means of a computer or any other technical device

shall enjoy the right to authorize the rental or any other public use of his work.

(21.01.1999)

Author’s Right to Remuneration

14.—(1) An author has the right to obtain remuneration (author’s remuneration) for the

use of his or her work by other persons except in the cases prescribed by this Act.

(2) The amount of the author’s remuneration, including rental fees, and the procedure

for collection and payment thereof are determined by an agreement (contract) between the

author and a user of the work or, by the authorisation of the author, by an agreement between

an organisation representing authors or any other person and a user of the work, in which case

the specifications provided for in subsections 76 (3) and 77 (3) of this Act are taken account

of.

(3) It is prohibited to use a work before an agreement specified in subsection (2) of this

section is not reached.

(4) If the parties agree on the remuneration but the obligated party fails to perform the

party’s obligation in part or in full by the due date, the obligated party must stop using the

work unless otherwise agreed with the entitled party.

(5) A violation of subsection (4) of this section is deemed to be use of a work without

the consent of the author or holder of copyright.

(21.01.1999)

Remuneration for Resale of Works of Fine Art

15.—(1) On resale of the original of a work of fine art on a public sale (auction), by a

trade or art organization, the author shall enjoy the right to 5 per cent of the sum total of the

sale thereof.

(2) The remuneration specified in subsection (1) of this section shall be transferred in

full to the account of an organisation representing authors by the person who arranged for the

resale of the work, not later than on the tenth day after the date of sale.

(21.01.1999)

Copyright and Ownership Right

16.—(1) Copyright in a work shall be enjoyed by the author or his heirs, irrespective of

who enjoys the ownership right in the material object wherein the work has been expressed.

The method of exercising economic rights by the author or his heir shall be established in an

agreement between the author or his heir and the owner.

(2) In order to make a copy of his work, the author of a work of fine art shall enjoy the

right to demand access to the original of his work owned by another person or which is in his

possession by title.

(3) With the consent of the owner, the author may amend, complement or by another

method transform his work of fine art, works of architecture, applied art, design etc.

CHAPTER IV

LIMITATIONS OF THE ECONOMIC RIGHTS OF THE AUTHOR

(FREE USE OF WORKS)

1. Basic Provisions

Limitations on Author’s Economic Rights

17. As an exception to Section 13 of this Law, but on condition that the use of the work

does not occur for economic advantage and the legitimate interests of the author are not

prejudiced, the use of a work without the author’s consent and without payment of

remuneration shall be permitted only in cases directly prescribed by Sections 18 to 25 of this

Law.

(21.01.1999)

Free Use of Works for Private Purposes

18.—(1) Without the author’s consent and without payment of remuneration it shall be

permitted to reproduce a lawfully published work for private purposes (for purposes of

scientific research, learning, etc.).

(2) Without the author’s consent and without payment of remuneration it shall not be

permitted to reproduce for private purposes:

1. works of architecture in the form of buildings and other similar structures;

2. works of fine art of restricted edition;

3. databases;

4. computer programs, except for cases prescribed by Sections 24 and 25 of this Law;

5. other works, in cases where such reproduction would conflict with the exploitation

thereof or would prejudice the legitimate interests of the author.

(3) It shall be permitted to use an audiovisual work or a sound recording of the work

for private purposes in accordance with the provisions of Sections 26 and 27 of this Law.

(4) Paragraph 1 of this Section shall not extend to legal entities.

2. Use of Works Without Author’s Consent and

Without Payment of Remuneration

Free Reproduction of Works for Scientific, Educational, Informatory,

Legal and Administrative Purposes

19. Without the author’s consent and without payment of remuneration, but subject to

the obligation to indicate the name of the author of the work, if it appears in the work, the title

(designation) of the work and the source in which the work has been published, it shall be

permitted:

1. to abstract or quote lawfully published works in another work to a reasonable extent

and under the obligation to communicate accurately the meaning of the work abstracted or

quoted as a whole, including abstracting and quoting articles of newspapers and periodicals in

order to present a report of the press;

2. to use a lawfully published work or parts thereof by way of illustration in

publications, radio and television broadcasts, sound and video recordings for teaching

purposes to the extent justified by the purposes;

3. to reproduce articles published in newspapers, journals or other periodicals and

extracts from published works by reprographic means exclusively for purposes of teaching

and scientific research in educational and research institutions the activities of which do not

serve direct or indirect commercial gains;

4. repealed (21.01.1999)

5. repealed (21.01.1999)

6. repealed 21.01.1999)

7. to reproduce in the press, in the cinema, by radio, television or cable public speeches,

lectures, sermons, speeches delivered during legal proceedings and other oral works for the

purpose of communicating current information, to the extent justified by the necessity of

communicating such information. The right to publish collections of publicly performed

works referred to in this paragraph shall belong to the author;

8. to reproduce a work in the course of legal or administrative proceedings, to the

extent justified by the purpose of the administration of legal and administrative functions;

9. to issue works, which have been made available to the public, in braille or by other

technical devices for the blind, except for works which have been specially created to be

reproduced by such means for the blind.

Free Reproduction of Works by Libraries, Archives and Museums

20.—(1) It shall be permitted, without the author’s consent and without payment of

remuneration, to reproduce single copies of a work, stored in the permanent collection of the

library, archive or museum in order to:

1. replace a work or a copy thereof which has been lost, destroyed or rendered unusable

or, in case of impending danger, make a copy to guarantee its preservation;

2. replace, in the permanent collection of another library, archive or museum, a work or

a copy thereof which has been lost, destroyed or rendered unusable.

(2) The reproduction of a work prescribed by Paragraph 1 of this Section shall be

permitted, provided the activities of the given library, archive or museum do not serve direct

or indirect commercial gain and it is impossible to obtain a new copy of the work.

Repealed

21. (21.01.1999)

Free Public Performance of Works

22. It shall be permitted, without the author’s consent and without payment of

remuneration but subject to the obligation to indicate the name of the author of the work and

the title thereof if it appears therein, to perform in public a work at educational institutions, in

the course of the educational activities of the institution by the staff and students thereof and

provided that the audience is composed of the staff and students or other persons directly

connected with the educational institution where the public performance takes place (parents,

guardians, tutors etc.).

Use of Ephemeral Recordings by Radio and Television Organizations

23.—(1) A radio and television organization shall be permitted, without the author’s

consent and without payment of separate remuneration, to make an ephemeral recording of a

work which it has the right to broadcast, provided the recording is made by the facilities of the

radio and television organization and for use in its own broadcasts.

(2) The radio and television organization shall be obliged to destroy a recording

prescribed by Paragraph 1 of this Section within thirty days from its making, unless otherwise

agreed on with the author of the work thus recorded.

(3) An ephemeral recording prescribed by this Section shall not be subject to

destruction in case it is of great cultural value. In such a case the recording shall be preserved

in the archive of the radio and television organization as a work of exceptional documentary

character, without the author’s consent having been obtained. The decision on works subject

to preservation shall be taken by the radio and television organization, or, in case of dispute,

by the State Archivist.

(25.03.1998; 21.01.1999)

Free Use of Computer Programs

24.—(1) Unless otherwise provided in contract the lawful user of a computer program

shall enjoy the right, without the consent of the author of the program and without payment of

separate remuneration, to reproduce, translate, adapt and otherwise transform the program and

reproduce the acquired results, provided it is necessary:

1. in order to use the program for purposes, for the machine or machines and to the

extent for which it was acquired;

2. in order to correct errors in the program.

(2) The lawful user of a computer program shall enjoy the right, without the consent of

the author of the program and without the payment of separate remuneration, to make archive

copies of the program, provided they are used only for replacing the program which has been

lost, destroyed or rendered unusable.

(3) The lawful user of a computer program shall enjoy the right, without the consent of

the author of the program and without the payment of separate remuneration, to study the

functioning of the program in order to determine the ideas and principles which underlie any

element of the program, provided that the author’s rights are not violated.

(4) A person who has lost the legal basis for the use of the program shall be obliged to

destroy the program referred to in Paragraphs 1 and 2 of this Section, a copy or transformation

thereof.

(21.01.1999)

Free Decompilation of Computer Programs

25.—(1) The lawful user of a computer program shall enjoy the right, without the

consent of the author and without payment of separate remuneration, to reproduce the

program and make translations thereof, if it is indispensable in order to obtain the information

necessary for guaranteeing the interoperability of the original program with other programs,

provided the following conditions are met:

1. this is performed by the lawful user of the program or by another person authorized

by the author;

2. the information guaranteeing the interoperability of programs has not been

previously accessible for persons referred to in Subparagraph 1 of this Paragraph;

3. these acts are confined to the parts of the original program, necessary for

guaranteeing the interoperability.

(2) It shall not be permitted to use the information obtained by acts prescribed by

Paragraph 1 of this Section:

1. for goals other than guaranteeing the interoperability of the independently created

program;

2. to be communicated to a third party unless it is necessary to guarantee the

interoperability of the independently created program;

3. to develop, manufacture, realize a program of similar nature or to commit other acts

violating the copyright of the author of the original program.

(21.01.1999)

3. Use of Works Without the Author’s Consent

but Against Payment of Remuneration

Use of Audiovisual Works and Sound Recordings of Works for Private Purposes

26.—(1) It shall be permitted, without the author’s consent to reproduce an audiovisual

work or a sound recording of a work for personal use (for purposes of scientific research,

learning, etc.). The author, as well as the performer of a work and the producer of a

phonogram shall have the right to get equitable remuneration for such use of works or

phonograms (Section 27).

(2) Paragraph 1 of this Section shall not extend to legal entities.

Remuneration for Use of Audiovisual Works and

Sound Recordings of Works for Private Purposes

27.—(1) In order to compensate authors, as well as performers and producers of

phonograms, for the use of the works, prescribed by Section 26, appropriate remuneration

shall be paid by producers and importers of technical devices for private production (sound

recorders, video recorders etc.) and devices (tapes, cassettes etc.) for sound and video

recordings without recordings (blank tapes), which shall be distributed equitably between the

authors, performers of works and producers of phonograms, proceeding from the use of works

and phonograms.

(2) The order of payment of the remuneration, prescribed by Paragraph 1 of this

Section shall be established by the Government of the Republic.

(3) The Ministry of Culture shall annually establish the amount of remuneration,

having previously coordinated it with organizations, representing producers and importers of

technical devices for recording and devices for sound and video recordings.

(26.06.1996)

(4) Remuneration prescribed by Paragraph 1 of this Section shall not be collected from

technical devices for recording and devices for sound and video recordings, which are without

recordings (blank tapes):

1. that have been exported;

2. that are used for professional recording;

3. that are used for making recordings for people with impaired eyesight or hearing;

4. that have been exempted from the remuneration requirement as stipulated by the

laws.

(5) The organization representing authors, which has been designated the collector of

remuneration prescribed by Paragraph 1 of this Section shall have the right to obtain from

customs and statistics organs as well as from organizations (enterprises) of production and

import all data required for collecting the remuneration.

CHAPTER V

OWNERS OF COPYRIGHT

Author of a Work

28.—(1) The author shall be the first owner of the moral rights and the economic rights

in his work, unless otherwise provided in this Law as regards the economic rights of the

author.

(2) The author of a work is the physical person who has, or the physical persons who

have, created the work.

(3) A legal entity can be the owner of copyright of a work only in cases prescribed by

this Law.

Presumption of Authorship

29.—(1) In the absence of proof to the contrary the person who publishes a work under

his name, his generally known pseudonym or author mark shall be presumed to be the author

of the work. The obligation of proof shall lie with the person objecting to the authorship.

(2) The author of a work which is communicated to the public anonymously or under a

pseudonym or author’s mark shall enjoy copyright in the work. Until the moment when the

author reveals his or her real name and proves his or her authorship, the economic rights of

the author are exercised by the person who lawfully published the work.

(3) The person representing the author in cases prescribed by Paragraph 2 of this

Section shall retain the rights acquired while representing the author, unless otherwise

provided in the agreement between him and the author.

(21.01.1999)

Joint Authorship

30.—(1) Copyright in a work created by two or more persons through their joint

creative activities shall be enjoyed by the authors jointly.

(2) A work created by joint creation may constitute a single indivisible whole or consist

of parts, each of which is independent. A part of a work is considered to be independent if it

can be used separately from the other parts of the work.

(3) Each coauthor shall enjoy copyright in the part of the work, having an autonomous

meaning, which has been created by him and he may use the part of the work independently.

However, such use must not be prejudicial to the interests of the coauthors of the work in

their joint use of the work.

(4) Relationships between joint authors in exercise of copyright, including dividing the

remuneration, shall be determined by an agreement between them. In the absence of such an

agreement copyright in the work shall be exercised jointly by the authors and the

remuneration shall be divided equally between them.

(5) Any of the joint authors may litigate or take other measures to protect the work of

joint authorship and to terminate violations of copyright.

(6) Consulting the authors, fulfilling the functions of managing, revising the work,

drawing graphs, schemes and the like as well as providing other technical assistance to the

authors shall not be considered as basis for joint authorship.

(7) In creating a work under employment contract in the course of employment the

preliminary consent of the person shall be required to include him in the group of authors

when this group is formed. A wellgrounded refusal to participate in the work of a group of

authors shall not be considered to be a violation of the conditions of employment.

Copyright in Collective Works

31.—(1) “Collective work” is a work consisting of contributions by different authors

which have been merged into an integral whole by a physical person or legal entity on his or

its initiative and under his or its direction and which has been made public under the name of

the physical person or the legal entity (works of reference, scientific collections, newspapers,

journals and other periodicals etc.).

(2) Copyright in a collective work shall be enjoyed by the person on the initiative and

under the direction of whom such work was created and under the name of whom it was made

available to the public, unless provided otherwise in contract.

(3) The authors of works (contributions) included in a collective work shall enjoy

contract. The authors of contributions shall not be considered to be joint authors.

Copyright in Works Created under Employment Contract

32.—(1) The author of a work created under employment contract in the course of

employment shall enjoy copyright in the work, however, the author’s economic rights in the

use of the work for the purposes determined by and as covered by the responsibilities of

employment shall be transferred to the employer, unless provided otherwise in contract.

(2) The author may independently use his work created in the course of employment

for purposes prescribed by the employment only with the preliminary consent of the

employer, indicating the employer’s name or designation. In such a case the author shall

enjoy the right to remuneration for the use of his work.

(3) The author may independently use his work created in the course of employment

for purposes not prescribed by the employment, unless provided otherwise in employment

contract. On such use of a work the employer’s name or designation must be indicated.

(4) In cases prescribed by normative acts the author of a work created in the course of

employment shall be paid author’s remuneration for the use of his work, independent of his

salary payment (salary). The payment of author’s remuneration may be prescribed also by an

agreement between the employer and the author.

Copyright in Audiovisual Works

33.—(1) An “audiovisual work” is any work consisting of images related in a

sequence, with or without accompanying sounds, which is intended to be shown by means of

appropriate technical devices (a cinematographic, television or video film etc.).

(2) Copyright in an audiovisual work belongs to its author or joint authors: the

director, scriptwriter, author of the musical work, cameraman and designer. As a rule, the

economic rights of the director, scriptwriter, cameraman and designer transfer to the producer

of the work unless otherwise determined by contract. The economic rights of the author of a

musical work used in an audiovisual work shall not transfer to the producer.

(3) The producer of a work is a natural or legal person who financed or managed the

creation of the work and whose name is fixed in the audiovisual work.

(4) The person whose name is indicated in the audiovisual work shall be presumed to

be the producer thereof, unless the contrary is proved. The obligation of proof shall lie with

the person objecting to the producership.

(5) The director, scriptwriter and composer, as well as the authors of the plan of the

scenario, of the dialogue and of the announcer’s text, the designer, cameraman,

choreographer, sound operator and other persons active in the creation of an audiovisual work

shall enjoy copyright in their work which constitutes an independent part of the audiovisual

work and can be used separately of the work as a whole. The exercise of economic rights

regarding such work may be carried out independently, unless provided otherwise in a

contract, but on condition that such use is not prejudicial to the use of the work as a whole.

Copyright of Compilers

34.—(1) A person who has, as the result of his creative activities, by selecting and

systematizing the material, created a collection (the compiler) shall enjoy copyright in the

collection.

(2) Results of intellectual activities to which this Law shall not apply (Section 5) may

be independently systematized and modified by the compiler.

(3) Works in which copyright has expired may be independently systematized and

modified by the compiler, consistent with the provisions of Section 44 of this Law.

(4) Works protected by copyright may be systematized and included in a collection,

either in their original form or in a modified form, only with the consent of the author or his

heirs, except for the cases provided under Chapter IV of this Law. The compiler shall be

obliged to respect the copyright of the author of the works included in the collection.

(5) The publishing of a collection by one person shall not restrict other persons’ use of

the same material in compiling independent collections, consistent with the provisions of

Paragraphs 1 and 4 of this Section.

(6) The transformation of a collection, compiled by one person, by other persons may

be effected, subject to the copyright of the compiler of the original collection.

Copyright in Derivative Works

35.—(1) The author of a work derived from the work of another author shall enjoy

(2) The creation of a derivative work, including the transformation of a narrative work

into a dramatic work or into a scenario, the adaptation of a dramatic work or a scenario into a

narrative work, the adaptation of a dramatic work into a scenario and the adaptation of a

scenario into a dramatic work may be carried out only in the manner stipulated by Chapter VI

of this Law and respecting the copyright of the author of the original work.

(3) A person who, on the basis of a work of another author (the original work), has

created a new, creatively autonomous work independent of the original work shall enjoy

(designation) of the work and the source in which the work was published must be indicated.

(4) The provisions of Paragraph 1 of this Section shall apply also to works the authors

of which are unknown (works of popular art, anonymous works etc.), to works in which

(Section 5).

Rights of Heirs

36.—(1) Copyright shall be inherited consistent with the general provisions of the law

of inheritance, either by the law or by the will.

(2) The economic rights of the author, fixed in Sections 13 to 15 of this Law shall be

transferred to the heir at law until the expiration of the term of copyright, unless provided

otherwise in will.

(3) If not prescribed otherwise by the author in his lifetime, the following of his moral

rights shall be transferred to the heir:

1. right to authorize the addition of works of other authors (illustrations, prefaces,

postscripts, commentaries, explanations, new parts etc.) to the work of the author (right to

additions to the work);

2. right to object to any distortions, alterations and other inaccuracies in the work, in

the title (designation) thereof or in the indication of the author’s name, as well as to

malrepresentation of the author or his work which would be prejudicial to the author’s honour

and reputation (right to the protection of the author’s honour and reputation);

3. right to make available to the public an unpublished work (right to make the work

available to the public).

(4) The author may, in the same manner prescribed for designating the executor of a

will, designate the person upon whom he confers the protection of the inviolability of his

work, as well as of his honour and reputation, after his death. This person shall carry out the

authorization during his entire lifetime.

Copyright of Successors in Title Not Heirs to Author

37. Only the economic rights of the author can be transferred to physical persons who

and legal entities which are not heirs of the author, on the basis of a contract concluded with

the author or in cases directly prescribed by this Law.

CHAPTER VI

DURATION OF COPYRIGHT

Term of Copyright Protection

38.—(1) Copyright shall subsist for the life of the author and 50 years after his death,

except for cases prescribed by Sections 39 to 42 of this Law.

(2) Copyright in a work first made available to the public within 50 years after the

death of the author shall subsist for 50 years after the lawful making available to the public of

the work.

Duration of Copyright in Works of Joint Authorship

39. Copyright in a work created by two or more persons by joint creation (Section 30)

shall subsist for the life of the last surviving joint author and 50 years after his death.

Duration of Copyright in Anonymous Works or in Works Made Available

to the Public Under Pseudonym

40. Copyright in a work made available to the public anonymously or under a

pseudonym shall subsist for 50 years after the work has been lawfully made available to the

public. If during this term the author of the work reveals his citizen name or the connection

between the authorship of the work and the person who has created the work leaves no doubt,

the provisions of Sections 38 and 39 shall be applied.

Duration of Copyright in Collective Works, Audiovisual Works

and Photographic Works

41.—(1) Copyright in a collective work (Section 31), the producer’s copyright in an

audiovisual work (Section 33) and copyright in a photographic work (Subparagraph 17 of

Paragraph 3 of Section 4) shall subsist for 50 years after the work has been lawfully made

available to the public.

(2) If a work fixed in Paragraph 1 of this Section has not been made available to the

public for 50 years after the creation thereof, copyright therein shall subsist for 50 years after

the creation of the work.

(3) If a work fixed in Paragraph 1 of this Section is published as a sequel, copyright

therein shall subsist for 50 years after each part has been lawfully made available to the

public.

(4) Copyright in independent works, included in a collective work and an audiovisual

work shall subsist during the term provided by Paragraph 1 of Section 38 of this Law.

Duration of Copyright in Works of Applied Art

42. Copyright in works of applied art shall subsist for 25 years after the work has been

created.

Commencement Date of Copyright Protection

43. The term prescribed by this Chapter shall run from the first of January of the year

following the date of death of the author (Paragraph 1 of Section 38 and Section 39) or

following the date of lawfully making available to the public or the creation of the work

(Paragraph 2 of Section 38, Sections 40, 41 and 42).

Protection of Authorship, Author’s Name, Author’s Honour and Reputation and Titles of

Works of Unlimited Duration

44.—(1) The fact of a person being the author of a particular work (the authorship of

the work), the author’s name and the author’s honour and reputation shall enjoy protection of

unlimited duration.

(2) On the expiration of the term of copyright the use of the title (designation) of the

work by another author on a work of the same kind shall not be permitted, if such use may

result in the identification of the authors, misleading to the public.

Use of Works after Expiration of Term of Copyright

45. A work in which the term of copyright has expired may be used freely by all

persons, consistent with the provisions of Section 44 of this Law and the Law of the Estonian

Republic on the Protection of the Historical and Cultural Heritage.

CHAPTER VII

USE OF WORKS

1. Basic Provisions

Use of Works by Other Persons

46.—(1) The use of a work by other persons shall be permitted only in case of the

author’s transfer (assignment) of his economic rights or on the basis of a licence granted by

the author, except for cases prescribed by Chapter IV of this Law.

(2) The transfer by the author of his economic rights or the licence to use the work

must be expressed in writing, except for cases prescribed by Paragraph 2 of Section 49 of this

Law.

(3) The transfer by the author of his economic rights or the licence to use his work can

be limited regarding particular rights, as well as regarding the purpose, the term, the territory,

the extent, the methods of and the devices for the use of the work.

Licence to Use Works

47.—(1) A licence to use a work means the possibility to do the acts covered by the

economic rights of the author.

(2) On granting the licence, the author may retain rights similar to those granted to

another person and the possibility to grant similar rights to a third party (nonexclusive

licence) or to release the exercise of the transferred economic rights to an extent and on

conditions specified in contract (exclusive licence).

(3) A person who has been granted the right to use a work may permit a third party to

use the work (to transfer the licence, sublicence) only with the preliminary consent of the

author.

2. Author’s Contracts

Concept of Author’s Contract

48.—(1) An author’s contract is an agreement between the author or his successor in

title and the person wishing to use a work on the use of the work, on the basis of which the

author or his successor in title shall grant the other party his economic rights or the licence to

use the work to the extent and in the manner prescribed by the conditions of the contract.

(2) An author’s contract may be concluded on the use of an already existing work or to

create and use a new work.

Form of Authors’ Contracts

49.—(1) Authors’ contracts must be concluded in writing.

(2) The written form is not obligatory in granting a nonexclusive licence, including

cases concerning contracts on publishing works in periodicals and works of reference, as well

as concerning single broadcasts of oral works over the radio and on television.

Standard Authors’ Contracts

50.—(1) By agreement between organizations representing authors and organizations

uniting users of works standard author’s contracts concerning particular methods of using

works may be drawn up.

(2) An author’s contract may contain clauses which are not prescribed by this Law or

by the standard author’s contract. Clauses in a contract concluded with the author, which

make the author’s position less favourable in comparison with the position established by this

Law or the standard contract, are invalid and shall be replaced by clauses established by law

or by the standard contract.

Concluding Author’s Contracts

51.—(1) An author’s contract shall be considered to be concluded if an agreement has

been reached by the author or his successor in title and the person wishing to use the work on

all the relevant clauses of the contract in a form prescribed by Section 49 of this Law.

(2) The relevant clauses of an authors contract, depending on the type of the work, are:

1. an accurate description of the work to be used (genre, extent, title etc.);

2. the extent, manner of, the purpose and devices for the use of the work;

3. the territory in which the work will be used;

4. the duration of the author’s contract and the starting date of the use of the work;

5. rights transferred;

6. the type of licence (nonexclusive licence, exclusive licence) and granting the right

of transfer of the licence (sublicence);

7. limitations on the use of the work by a third party;

8. the amount of author’s remuneration, the time and method of payment;

9. the liabilities of the parties for nonlfilment of the clauses of the contract;

10. other clauses regarding which one of the parties claims an agreement.

(3) An author’s contract may prescribe a forfeit, a fine or a fine for delay for not

fulfilling the contract or for partial fulfilment of the contract.

Duration of Authors’ Contracts

52. The duration of authors’ contracts shall be established by an agreement between the

parties.

Starting Date of Use of Works

53.—(1) Consistent with an author’s contract, the person wishing to use a work shall be

obliged to commence the use of the work in the manner and by the date stipulated by contract,

except for the case prescribed by paragraph 1 of Section 56 of this Law.

(2) The starting date of the use of the work must not exceed three years, beginning from

the moment of delivery of the work by the author to the user.

(3) Considering the size of the work and the manner of its use, standard author’s

contracts may prescribe shorter terms than prescribed in this Section.

Limitations on the Use of the Work by a Third Party

54. Consistent with author’s contract on the transfer of economic rights or on granting

an exclusive licence, neither the author nor his successor in title shall enjoy the right to

authorize the use in the same manner of the work referred to in contract, or a part of the said

work, by a third party without the written consent of the other party, unless otherwise

provided in contract.

Payment of Author’s Remuneration

55.—(1) The method of the payment of author’s remuneration (percentage of the

work’s selling price, a fixed sum, percentage of the profit realized on the use of the work etc.),

the amount of remuneration, the date and the order of payment shall be determined in author’s

contract by agreement between the parties.

(2) If the normative acts of the Republic of Estonia have fixed minimal rates of author’s

remuneration, the rates of remuneration agreed upon in an author’s contract must not be lower

than the fixed rates.

Authors’ Contracts on Creation of New Works (Contracts of Commission)

56.—(1) Consistent with author’s contract on creation of a new work, the author shall

be obliged to create the work under conditions and by the date prescribed in contract and to

deliver it to the person who commissioned it in an agreed manner, whereas the person who

commissioned the work shall be obliged to pay the author the remuneration and to commence

the use of the work from the date prescribed in contract, unless, as far as the use of the work is

concerned, the parties have agreed otherwise.

(2) The author shall be obliged to create the work personally, unless otherwise provided

in contract. Including other persons in the creation of the work and changing the group of

authors may occur only with the prior consent of the person who commissioned the work,

which shall be fixed as an alteration in the author’s contract.

(3) The person who commissioned the work shall be obliged to examine the work by a

date fixed in the contract and to notify the author in writing whether the work which has been

delivered has been approved or refused on grounds prescribed by contract or whether it is

necessary to make modifications in the work, indicating the nature of the modifications,

which is consistent with the clauses of the contract. If the written notification is not addressed

to the author by the date fixed in contract, the work shall be considered to be accepted by the

person who commissioned it.

(4) The amount of advance payment from the author’s remuneration prescribed by

contract, dates of its payment and the order thereof shall be determined in the author’s

contract.

Rights Transferred to Users of Works by Virtue of Contracts

57.—(1) Ownership in the manuscript of a work, sketch, drawing, magnetic tape,

computer disc or any other material object by which the work can be reproduced shall be

transferred to the user of the work only in cases directly prescribed in contract.

(2) If the author alienates the original or a copy of his work, it shall not mean the

transfer of his economic rights nor granting the licence to use his work, unless provided

otherwise in contract.

(3) Ownership or possession of a work of fine art created under contract of commission

shall be transferred to the person who commissioned the work, unless provided otherwise in

contract.

(4) On the basis of Paragraphs 2 and 3 of this Section the owner of a work shall enjoy

the right to display the work to the public (to exhibit it) without the payment of separate

remuneration to the author, unless provided otherwise in contract. Such right shall not be

enjoyed by persons who possess the original of the work or a copy thereof on the basis of a

leasing contract, a lending contract etc.

(5) If author’s contract has been concluded on the use of a literary or artistic work in

making an audiovisual work, the user of the work shall enjoy the right to show the

audiovisual work to the public at the cinema, on television, by cable or other technical

devices, to dub the work into another language, to provide it with subtitles and reproduce and

distribute the work. The provisions of this Paragraph shall not apply to works of music.

Liability of the Author or his Successor in Title for Violation of an Author’s Contract

58.—(1) The author or his successor in title shall be obliged to return the remuneration

he has received by virtue of contract in case the contract is cancelled by the user of the work

for any of the following reasons:

1. the author or his successor in title has not delivered the work by the date fixed in

contract;

2. the work created by the author does not fulfil the requirements of the contract;

3. the author has not effected changes proposed to him deriving from the contract by

the date, in the manner and to the extent agreed upon;

4. the author has violated the obligation to carry out the work personally;

5. the author or his successor in title has violated the provisions of Section 54 of this

Law.

(2) If the author does not voluntarily return the remuneration paid to him, it shall be

extracted from him in court.

(3) If the user of the work fails to prove in court the fault of the author or his successor

in title in not fulfilling the contract or in fulfilling it partially, the remuneration received

consistent with the contract shall be retained by the author.

Liability of the User of a Work for Violation of an Author’s Contract

59.—(1) If the user of a work does not use the work approved by him or does not

commence the use of the work by the term fixed in author’s contract, he shall be obliged to

pay the author or his successor in title the whole amount of remuneration stipulated by

contract.

(2) In cases prescribed by Paragraph 1 of this Section the author or his successor in title

shall enjoy the right to cancel the contract and to demand the return of the work or copies

thereof which have been delivered by virtue of contract.

(3) The user of the work shall be relieved of the obligation to pay the author or his

successor in title a part of the remuneration which would have been paid after the use of the

work had commenced, if he can prove that he failed to use the work for reasons attributable to

the author or his successor in title.

Compensation for Damages

60.—(1) Both parties to an author’s contract shall have the right to claim compensation

from the other party for the damages caused by fault of the latter in not fulfilling the contract

or fulfilling it partially.

(2) The obligation to prove the fault of the other party and the extent of the damages

shall lie with the party who has claimed compensation for damages.

Rights of the Author on Reorganization and Dissolution of Organizations

61.—(1) If an organization, which has commissioned a work or been using a work, is

reorganized, the economic right transferred by the author or the licence to use the work shall

be transferred to the successor in title of the organization which shall be responsible for

fulfilling the obligations arising from the author’s contract.

(2) On the dissolution or bankruptcy of the organization the author or his successor in

title shall have the right to the whole amount of remuneration prescribed by the contract for

the work delivered to the organization.

CHAPTER VIII

RIGHTS OF PERFORMERS, PRODUCERS OF PHONOGRAMS AND RADIO AND

TELEVISION ORGANIZATIONS (RIGHTS NEIGHBOURING ON COPYRIGHT)

Concept of Rights Neighbouring on Copyright

62.—(1) Performers, producers of phonograms and broadcasting organisations shall

enjoy the rights, as prescribed in this Chapter, in the results created by them (objects of

(2) The exercise of rights neighbouring on copyright shall not limit the exercise of

(21.01.1999)

Field of Application of Rights Neighbouring on Copyright

63.—(1) The provisions of this Chapter shall apply to the performers in the following

cases:

1. the performer is a national of the Republic of Estonia or a permanent resident of the

Republic of Estonia;

2. the performance (stage production) of the work took place on the territory of the

Republic of Estonia; or

3. the performance (stage production) has been fixed on a phonogram qualifying for

protection under Paragraph 2 of this Section; or

4. the performance (stage production) which has not been fixed on a phonogram has

been included in a radio or television broadcast qualifying for protection under Paragraph 3 of

this Section.

(2) The provisions of this Chapter shall apply to the producer of phonograms in the

following cases:

1. the producer of phonograms is a national of the Republic of Estonia or a permanent

resident of the Republic of Estonia or a legal entity located in the Republic of Estonia; or

2. the first fixation of the sounds was made on the territory of the Republic of Estonia;

3. the phonogram was first published on the territory of the Republic of Estonia.

Publication means the offering of copies of a phonogram to the public in a reasonable quantity

so as to satisfy the reasonable demands of the public.

(3) The provisions of this paragraph shall apply to the radio and television organization

in the following cases:

1. the organization has its headquarters in the territory of the Republic of Estonia;

2. the broadcast is transmitted from a transmitter located in the territory of the Republic

of Estonia.

(4) The Provisions of this Paragraph shall apply to nationals and legal entities of other

countries, consistent with international treaties which the Republic of Estonia has joined.

Concept of Performer

64. “Performers” for the purposes of this law mean actors, singers, musicians, dancers,

other persons or collectives who act, sing, recite, play on instruments or otherwise perform

literary or artistic works or expressions of folklore, or direct other persons in performing, as

well as persons who perform in variety shows and circus, at the puppet theatre etc.

Rights of Performers

65. The performer shall enjoy moral and economic rights in the performances

(interpretations) of a work.

Moral Rights of Performers

66. The performer shall enjoy:

1. right of performership (authorship);

2. right to the performer’s name;

3. right of inviolability of the performance;

4. right to the protection of the honour and reputation of the performer with regard to

his performance.

Economic Rights of Performers

67.—(1) The performer of a work shall enjoy the exclusive right to use the performance

of the work and to authorize the use thereof by others, as well as the right to remuneration for

such use, which has been agreed upon between the parties except for cases prescribed by this

Law and agreed between the parties.

(2) It shall be permitted only with the consent of the performer:

1. to fix an unfixed performance on a record, sound or video tape, film, and by other

similar means;

2. to broadcast the performance over the radio or on television, except for cases in

which the broadcast has been made from a fixation of the performance or the performance is

rebroadcast with the consent of the radio and television organization which first broadcast the

performance;

3. to communicate the performance to the public by any technical device outside the

place where the performance is taking place, except for cases in which the communication is

made from a fixation of the performance, a radio or television broadcast;

4. to use the sound and the images separately, in case these have been fixed together

and form an integral whole;

5. to reproduce a fixation of the performance, in case the fixation of the performance

was made without the authorization of the performer or has been reproduced for purposes

other than those authorized by the performer or in case the work has been reproduced for

purposes other than those prescribed by Section 75 of this Law.

(3) The performer may authorize other persons, including organizations representing

authors, to grant the permission to do the acts prescribed by Paragraph 2 of this Section.

(4) repealed (21.01.1999)

(5) Upon performing works in the course of employment the rights of the performer

shall be determined by agreement between the parties.

Authorization to Use Performances

68.—(1) The consent of the performer to the use of the performance must be granted in

writing or drawn up as a contract.

(2) To use a work performed by a collective the consent of all members of the

collective is required. On behalf of the collective the authorization may be granted by the

leader of the ensemble, the conductor, the leader of the choir, the director or another person

authorized thereto by the collective.

(3) Unless provided otherwise in contract:

1. the authorization to broadcast a work over the radio or on television shall not imply

an authorization to the radio and television organization to fix the performance or to authorize

other organizations to broadcast the work;

2. the authorization to broadcast a work over the radio or on television and to fix the

performance does not imply the right of the radio or television organization to reproduce the

fixation;

3. the authorization to fix the performance and to reproduce the fixation does not imply

the right to broadcast the fixation or a copy thereof over the radio or on television.

Concept of Producer of Phonograms

69. For the purposes of this Law “producer of phonograms” means a physical person

who or a legal entity which first lawfully fixed the sound of a performance or a natural sound.

Rights of Producer of Phonograms

70.—(1) Only with the consent of the producer of phonograms it shall be permitted:

1. to reproduce his phonogram;

2. to import copies of his phonogram;

3. to rent, or to use in another manner, copies of his phonogram.

(2) The amount of remuneration, the methods and order of payment thereof shall be

established by an agreement between the producer of phonograms and the user.

Notice of Protection of Phonograms

71. In order to guarantee his rights and the rights of the performers fixed on a

phonogram, the producer of phonograms shall be obliged to mark the fixations made for

commercial purposes or the containers thereof with the symbol P (the letter P in a circle),

accompanied by the year of the first publication of the phonogram. The said notice must be

accompanied by the name or designation of the producer of the phonogram and those of the

principal performers of the works fixed thereon, unless these are directly fixed on the

phonogram or the container thereof.

Remuneration for Use of Phonograms

72.—(1) If a phonogram published for commercial purposes, or a reproduction

(refixation) thereof, is used on radio or on television or by means of other technical devices

for the communication to the public, the performer of the work and the producer of the

phonogram shall enjoy the right to get a single remuneration from the user of the phonogram

for such communication.

(2) The user of the phonogram shall pay the remuneration prescribed by Paragraph 1 of

this Section to the producer of the phonogram. The producer of the phonogram shall pay half

of the remuneration received to the performers, unless otherwise provided by agreement

between the performers of the works and the producer of phonograms.

(3) The remuneration received from the producer of the phonogram shall be divided

among the performers of the works fixed on the phonogram, or used jointly, consistent with

the agreement between the performers.

Rights of Radio and Television Organizations

73.—(1) It shall be permitted only with the consent of the broadcasting organization:

1. to rebroadcast a broadcast;

2. to fix a broadcast;

3. to reproduce the fixation of a broadcast, in case the broadcast has been made without

the consent of the broadcasting organization or in cases in which the broadcast was

reproduced for purposes other than prescribed by Section 75 of this Law.

(2) The amount of remuneration for the use of the fixation of a broadcast as well as the

methods and order of payment thereof shall be established by the agreement between the

radio and television organization and the user.

Duration of Rights Neighbouring to Copyright

74.—(1) The rights prescribed by this Chapter shall subsist for 50 years:

1. computed from the first performance of the work in case it is unfixed—with regard

to the performer;

2. computed from the first publication of the work—with regard to the producer of the

phonogram and to the performer whose performance has been fixed on the phonogram;

3. computed from the first transmission of the broadcast—with regard to the radio and

television organization.

(2) The term shall run from the first of January of the following the year during which

the acts referred to in Paragraph 1 of this Section were done.

(3) The economic rights neighbouring on copyright shall be transferred by way of

inheritance for the term prescribed by this Section.

(4) The performership (authorship) of the performer, the performer’s name and the

performer’s honour and reputation shall enjoy protection of unlimited duration.

Limitations on Rights Neighbouring on Copyright

75.—(1) Without the authorization of the performer, the producer of the phonogram

and the radio and television organization and without payment of remuneration it shall be

permitted to use performances of works, phonograms, radio and television broadcasts and the

fixations thereof, including the use by means of reproduction:

1. for private purposes, taking into consideration the provisions of Sections 26 and 27

of this Law;

2. solely for the purposes of teaching and scientific research;

3. in the form of short excerpts to be included in reports of current events;

4. in the form of short excerpts (quotations) for informatory purposes, consistent with

the obligation to communicate accurately the meaning of the performance, phonogram, radio

and television broadcast as a whole;

5. to make an ephemeral recording by a radio and television organization by means of

its own technical devices and for use in its own broadcasts of a performance, broadcast or

phonogram which it has the right to broadcast. Such a recording and its reproduction (copies)

must be destroyed within thirty days counted from its making, except for a single copy which

may be preserved for archival purposes;

6. in other cases in which the rights of the authors of the works are limited by virtue of

Chapter IV of this Law.

(2) The free use prescribed by this Section shall be permitted solely on condition that

the legitimate interests of the performer, the producer of phonograms or the radio and

television organization are not prejudiced and the use does not conflict with the normal

economic use of the results.

(21.01.1999)

CHAPTER IX

COLLECTIVE MANAGEMENT OF RIGHTS

(21.01.1999)

Organisations Representing Authors, Performers, Producers of Phonograms,

Broadcasting Organisations and other Rightholders

76.—(1) Authors, performers, producers of phonograms, broadcasting organisations

and other holders of copyright and related rights have the right to establish associations

pursuant to the procedure provided by legislation for the collective management of their

copyrights and other rights arising from this Act and for the protection of their creative and

economic interests. Such collective management organisations are nonprofit associations

which are founded, operate or are dissolved pursuant to the Nonprofit Associations Act

(RT I 1996, 42, 811; 51, 967; 1998, 36/37, 552; 59, 941) with the exceptions provided by

this Act.

(2) Collective management of rights is effected in the following fields:

1. public performance of musical and literary works;

2. transmission of musical, literary and artistic works by radio, TV, cable, satellite or

other technology means;

3. collection and distribution of fees for the resale of works of fine art;

4. collection of fees prescribed for the personal use of audiovisual works and sound

recordings;

5. cable retransmission of radio and TV broadcasts and programmes (including works

contained therein);

6. reproduction of sound recordings of musical or literary works, and audiovisual

reproduction of musical, literary or other artistic works;

7. reproduction of works of fine art and of photography in periodicals;

8. other use of works and objects of copyright related rights.

(3) The rights related to the fields specified in clauses (2) 3), 4) and 5) of this section

are exercised only through collective management organisations. Such organisations have the

right to receive necessary oral or written truthful information from all persons in public law

and private law concerning the fees collected and distributed for the use of works.

(21.01.1999)

Principles and Methods of Activities of Collective Management Organisations

77.—(1) Collective management organisations shall manage and protect the economic

and personal noneconomic rights of their members pursuant to the procedure prescribed in

their articles of association and membership contracts, including:

1. give their consent for the use of works or objects of copyright related rights

(performances, phonograms, radio or TV broadcasts or programmes) by concluding a

corresponding contract with users;

2. determine the amount of author’s remuneration, licence fees, performer’s fees or any

other remuneration through negotiations if necessary;

3. collect and pay remuneration for the use of works or objects of copyright related

rights;

4. establish and manage foundations to improve the conditions necessary for the

creative activities of Estonian authors and performers, provide social guarantees for them and

promote their works abroad;

5. protect and represent the rights of authors and holders of related rights in court and

other institutions;

6. promote other activities in the field of management of copyright and related rights in

accordance with the authorisation granted by authors.

(2) On the basis of a corresponding contract or in the cases provided by law, collective

management organisations may also represent authors and holders of copyright related rights

who are not their members.

(3) During the period when the right to represent authors or holders of copyright related

rights is enjoyed by a collective management organisation pursuant to law or contract, authors

or holders of copyright related rights cannot exercise such rights themselves.

(4) In cases of evident violations of the rights and legitimate interests of authors or

holders of copyright related rights, collective management organisations have the right to

represent all authors or holders of copyright related rights without authorisation.

(5) Collective management organisations shall represent foreign authors and holders of

foreign collective management organisations.

(21.01.1999)

Guarantees for Members of Collective Management Organisations

78. In order to prevent unlawful and unjustified restrictions on copyrights and

1. all decisions on remuneration (author’s remuneration, licence fees, performers’ fees

or any other fees) and the percentage deducted from such fees to cover administrative

expenses of a collective management organisation (commission), methods of collection,

distribution and payment of fees, as well as the use of collected fees for social or cultural

purposes, for the foundation of foundations or for other purposes relating to the common

interests of members of a collective management organisation shall be adopted by the general

meeting of the collective management organisation or members authorised by them (meeting

of representatives or management board);

2. collected fees shall be distributed among authors and holders of copyright related

rights as proportionately as possible subject to the actual use of the works after deduction,

from the fees, of the percentage jointly determined by the members of the organisation to

cover administrative expenses and for other purposes prescribed in clause 1) of this section;

3. members of a collective management organisation shall have access to regular and

complete information about the entire activity of the organisation and about the use of their

works and the remuneration to be obtained by them;

4. the same rules apply to foreign authors and holders of copyright related rights as to

Estonian authors;

5. foreign collective management organisations with whom bilateral or multilateral

agreements have been concluded shall, at their request, receive all necessary information

concerning management of the rights of their authors and holders of copyright related rights

in Estonia.

(21.01.1999)

Management of Cable Retransmission Right

by Collective Management Organisations

79.—(1) Authors and holders of copyright related rights (performers, producers of

phonograms and broadcasting organisations) may exercise the cable retransmission right only

through collective management organisations specified in § 76 of this Act.

(2) If an author, performer, producer of phonograms or broadcasting organisation does

not conclude a contract with a collective management organisation for the management of

their rights, the organisation representing authors and holders of copyright related rights of the

same category is mandated to represent them. If there are several such collective management

organisations, an author or holder of copyright related rights is free to choose which of the

organisations is mandated to manage their rights.

(3) Based on a contract between a cable operator and a collective management

organisation, an author, performer, producer of phonograms or broadcasting organisation

specified in subsection (2) of this section has the same rights and obligations as an author,

performer, producer of phonograms or broadcasting organisation who has transferred

management of their rights to such organisation.

(4) An author, performer, producer of phonograms or broadcasting organisation

specified in subsection (2) of this section may claim remuneration to which they are entitled,

within three years after the date of transmission.

(5) The provisions of subsection (1) of this section do not apply if a broadcasting

organisation transmits its own broadcasts or programmes by cable. It is irrelevant whether the

rights belong to the broadcasting organisation itself or have been transferred to it by other

authors or holders of copyright related rights.

(21.01.1999)

CHAPTER X

PROTECTION OF RIGHTS AND LIABILITY

(21.01.1999)

General Principles of Liability

80. An infringement of copyright or related rights provided by this Act and other

or administrative liability.

(21.01.1999)

Protection of Copyright and Related Rights under Civil Law

81.—(1) In the case of an infringement of copyright or related rights and a dispute

which arises in the implementation of this Act or other copyright legislation, either party or

both parties may take recourse to the courts for resolution of the dispute.

(2) In addition to the methods specified in § 112 of the General Part of the Civil Code

Act (RT I 1994, 53, 889; 89, 1516; 1995, 2628, 355; 49, 749; 87, 1540; 1996, 40, 773;

42, 811; 1998, 30, 409; 59, 941), infringed rights are protected under civil law by:

1. award of compensation for moral damage;

2. award of assets acquired through infringement;

3. termination of a contract;

4. prohibition of infringing activities.

(3) If a claim filed by an entitled person or representative thereof pursuant to clause (2)

2) of this section is included in a criminal matter or matter regarding an administrative

offence arising from a violation of copyright legislation, then, upon the rendering of a

decision in the same matter awarding seizure of the assets acquired as a result of a criminal

offence or administrative offence, the same amount of money or equivalent of the seized

assets in money shall be awarded for the entitled person by the same decision.

(4) If, as a result of a violation of copyright legislation, a work is communicated to the

public, recorded, reproduced, distributed, imported or altered etc., an entitled person may

claim:

1) restoration of the work in the original form; or

2) alteration of copies of the work by specific means; or

3) destruction of pirated copies.

(5) The provisions of clauses (4) 2) and 3) of this section do not apply to works of

architecture.

(6) It is prohibited to transfer pirated copies to the author, holder of copyright related

rights or a representative thereof.

(21.01.1999)

Protection of Copyright and Related Rights under Criminal Law

82.—(1) If a natural person infringes copyright, related rights or requirements provided

by copyright legislation in the interests of a legal person, it is permitted to hold both the

natural person criminally liable and the legal person administratively liable.

(2) The importation or exportation of pirated copies is deemed to be a violation of the

customs rules. The Customs Act provides for the liability of legal persons for the importation

or exportation of pirated copies.

(3) The provisions of §§ 83 and 84 of this Act and the Code of Administrative Offences

(RT 1992, 29, 396; RT I 1997, 6668, 1109; 73, 1201; 81, 1361 and 1362; 86, 1459 and

1461; 87, 1466 and 1467; 93, 1561, 1563, 1564 and 1565; 1998, 2, 42; 17, 265; 23, 321;

30, 410; 34, 484; 36/37, 552 and 553; 38, 562; 51, 756 and 759; 52/53, 771; 60, 951 and

952; 64/65, 1004) together with the specifications provided by this Act shall be taken as the

basis in proceedings regarding administrative offences by legal persons which are not

specified in subsection (2) of this section.

(4) The Code of Enforcement Procedure (RT I 1993, 49, 693; 1997, 43/44, 723; 1998,

41/42, 625; 51, 756; 61, 981) shall be taken as the basis in the execution of a decision

imposing a fine on a legal person which has committed an administrative offence and of a

decision rendered pursuant to the procedure provided for in subsection 81 (3) of this Act.

(21.01.1999)

Administrative Liability of Legal Persons

83.—(1) A fine between 20 000 and 50 000 kroons is imposed for an infringement of

this section.

(2) A fine between 50 000 and 100 000 kroons is imposed for trading in pirated copies

by a legal person.

(3) A fine between 50 000 and 150 000 kroons is imposed for the public performance,

public display or transmission to the public of a work by a legal person if pirated copies are

used.

(4) A fine between 150 000 and 200 000 kroons is imposed for the manufacture,

acquisition, possession, use, carriage, sale or transfer by a legal person of technical means or

equipment designed for the removal of protective measures against the illegal reproduction of

works or against the illegal reception of signals transmitted via satellite or cable.

(5) A fine between 150 000 and 250 000 kroons is imposed for the use of a computer

programme by a legal person if the computer programme is reproduced (installed) in the

computer system of the legal person without the consent of the author or holder of copyright.

(6) A fine between 250 000 and 500 000 kroons is imposed for the reproduction of a

work or object of copyright related rights by a legal person without the consent of the author

of the work, holder of copyright or holder of copyright related rights (manufacture of pirated

copies).

(21.01.1999)

Proceeding in Matter Regarding Administrative Offence Committed

by Legal Person

84.—(1) In the case of an administrative offence committed by a legal person, the

following have the right to prepare a corresponding report:

1. officials of the Distribution Unit of the Ministry of Culture: in the case specified in

subsections 83 (1)—(3) of this Act;

2. police officials.

(2) A report shall set out the time and place of its preparation; the name and address of

the institution in whose name the report is prepared; the official title, given name and

surname of the official who prepared the report; the (business) name, location and registry

code of the offender; the official position, given name and surname of the competent

representative of the offender; the place, time and description of the offence; reference to the

corresponding subsection of § 83 of this Act which prescribes liability for such administrative

offence; statement by the representative of the offender and other information which is

necessary for the correct determination of the matter.

(3) Matters regarding administrative offences specified in § 83 of this Act are heard by

administrative court judges.

(4) In the hearing of matters regarding administrative offences referred to in § 83 of this

Act, the following objects are subject to seizure:

1. means used for the commission of an administrative offence;

2. assets aquired through an administrative offence;

3. technical means or equipment designed for the removal of protective measures

against the illegal reproduction of works or against the illegal reception of signals transmitted

via satellite or cable;

4. pirated copies.

(21.01.1999)

CHAPTER XI

IMPLEMENTATION OF ACT

(21.01.1999)

Ascertainment of Pirated Copies and Prevention of further Circulation Thereof

85.—(1) In the civil, criminal or administrative procedure, the following is taken as the

basis for deeming a copy of a work to be a pirated copy:

1. statements given and documents provided by the author, holder of copyright or

holder of copyright related rights or by a representative thereof, legal copies of the work or

any other factual information received from the abovementioned persons; or

2. the lacking of a required special marking on the object of copyright related rights or

its packaging.

(2) Pirated copies are subject to seizure regardless of the imposition of penalties.

(3) Pirated copies are subject to seizure regardless of the fact to whom they belong.

(4) Illegal copies of objects of architecture are not subject to seizure.

(5) Seized pirated copies are destroyed.

(6) A person who obtains a pirated copy in good faith has the right to file an action in

court against the person who sold or transferred the pirated copy to the person in good faith.

(21.01.1999)

Further Handling of Seized Computer System

86.—(1) A computer system as a mean used for the commission of an administrative

offence which has been seized in a matter regarding the administrative offence specified in

subsection 83 of this Act shall be transferred to the Ministry of Education free of charge.

(2) The Ministry of Education shall remove a computer programme installed in a

computer without the consent of the author or holder of copyright and shall transfer the

computer system to a state or municipal educational institution or any other educational

institution in public law free of charge and for permanent use within the framework of the

“Tiger Leap” programme.

(21.01.1999)

Copyright Committee

87.—(1) In order to monitor compliance of the level of intellectual property protection

in Estonia with the international obligations assumed by Estonia and, by agreement of the

parties, and for the outofcourt resolution of infringements of copyright or related rights and

disputes arising in the implementation of this Act or other copyright legislation, the

Government of the Republic shall form a permanent copyright committee of experts

(hereinafter committee) at the Ministry of Culture for each subsequent two years.

(2) If an interested person disagrees with a ruling made by the committee in a dispute

specified in subsection (1) of this section, the person has the right of recourse to the courts

concerning the same dispute.

(3) The committee shall provide an overview of compliance of the level of intellectual

property protection in Estonia with the international obligations assumed by Estonia to the

Government of the Republic twice a year and, if necessary, shall make proposals for the

improvement of activities in this field.

(4) If necessary, the courts shall involve members of the committee as experts in civil,

criminal or administrative proceedings regarding violations of the requirements provided by

this Act or other copyright legislation.

(21.01.1999)

Protection of Works and Results of Work of Performers, Producers of Phonograms or

Broadcasting Organisations Created before Entry into Force of this Act

88.—(1) This Act extends to works and results of the work of performers, producers of

phonograms or broadcasting organisations which are created before 12 December 1992.

(2) The requirements established by this Act for the use of works and results of the

work of performers, producers of phonograms or broadcasting organisations do not extend to

cases where use occurred before 12 December 1992.

(3) In the case of works whose term of protection of copyright has expired, the

authorship of the works, the names of authors and their honour and dignity shall be protected

by the Ministry of Culture (subsection 44 (1)). This provision also applies to performers

(subsection 74 (4)).

(21.01.1999)

Implementing Acts

89.—(1) The Government of the Republic or, by its authorization the Minister of

Culture, has the right to issue regulations for the implementation of sections 13 and 14 of this

Act.

(2) The Government of the Republic has the right to establish requirements for

documenting the circulation of certain objects of copyright related rights.

(21.01.1999)

Loi sur le droit d'auteur (texte consolidé du 15 février 1999), Estonie

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