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Copyright Act
Adopted on 11 November 1992
TABLE OF CONTENTS
Section
Chapter I: General Provisions
Purpose and Objectives of Copyright Law.................... 1
Copyright Acts .............................................................. 2
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
Copyright in Works Not Made Available to the Public
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
Copyright and Ownership Right ................................... 16
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Repealed........................................................................ 21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
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Chapter V: Owners of Copyright
Author of a Work .......................................................... 28
Presumption of Authorship
Copyright in Works Created under Employment
........................................... 29
Joint Authorship............................................................ 30
Copyright in Collective Works ..................................... 31
Contract......................................................................... 32
Copyright in Audiovisual Works .................................. 33
Copyright of Compilers................................................. 34
Copyright in Derivative Works ..................................... 35
Rights of Heirs .............................................................. 36
Copyright of Successors in Title Not Heirs to Author .. 37
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
Copyright ...................................................................... 63
Concept of Performer.................................................... 64
Rights of Performers ..................................................... 65
Moral Rights of Performers........................................... 66
Economic Rights of Performers .................................... 67
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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
Copyright Committee.................................................... 87
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:
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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
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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;
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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;
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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.
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(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
copyright related rights but is imported into Estonia without the consent of the author of the
work, holder of copyright or holder of copyright related rights is also deemed to be a pirated
copy.
(21.10.1999)
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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.
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(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)
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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.
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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
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(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.
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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
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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)
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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.
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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
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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
copyright in their works and may use their works independently, unless provided otherwise in
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
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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.
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(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
copyright in his work.
(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
copyright in this work. In this case the name of the author of the original work, the title
(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
copyright has expired and results of intellectual activities to which this Law shall not apply
(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);
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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.
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(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.
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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.
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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.
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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
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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;
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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.
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(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
copyright related rights).
(2) The exercise of rights neighbouring on copyright shall not limit the exercise of
copyright of the author or of his successor in title.
(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;
or
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.
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(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
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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.
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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;
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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)
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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.
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(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
copyright related rights on the basis of bilateral or multilateral agreements concluded with
foreign collective management organisations.
(21.01.1999)
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Guarantees for Members of Collective Management Organisations
78. In order to prevent unlawful and unjustified restrictions on copyrights and
copyright related rights:
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
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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
copyright legislation, or a violation of requirements provided thereby results in civil, criminal
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
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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
copyright or related rights by a legal person, or for a violation of requirements provided by
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copyright legislation by a legal person, except in the case specified in subsections (2)—(6) 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.
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(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.
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(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)
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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)