Copyright Act


Published: 2012-01-01

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Copyright Act1

Passed 11.11.1992
RT I 1992, 49, 615
Entry into force 12.12.1992
Amended by the following legal instruments (show)

Passed
Published
Entry into force

26.06.1996
RT I 1996, 49, 953
26.07.1996

25.03.1998
RT I 1998, 36, 552
01.05.1998

21.01.1999
RT I 1999, 10, 156
15.02.1999

22.02.1999
RT I 1999, 29, 398
01.04.1999

Complete text in paper publication of RT
RT I 1999, 36, 469

09.12.1999
RT I 1999, 97, 859
06.01.2000, partly 01.01.2002

15.02.2000
RT I 2000, 13, 94
22.02.2000

Complete text in paper publication of RT
RT I 2000, 16, 109

27.09.2000
RT I 2000, 78, 497
22.10.2000

16.05.2001
RT I 2001, 50, 289
11.06.2001

06.06.2001
RT I 2001, 56, 335
01.09.2001

05.06.2002
RT I 2002, 53, 336
01.07.2002

19.06.2002
RT I 2002, 63, 387
01.09.2002

16.10.2002
RT I 2002, 90, 521
01.01.2003

16.10.2002
RT I 2002, 92, 527
18.11.2002, partly 01.01.2003 and 01.01.2004

10.03.2004
RT I 2004, 18, 131
15.04.2004

14.04.2004
RT I 2004, 30, 208
01.05.2004

22.09.2004
RT I 2004, 71, 500
29.10.2004, regarding § 27¹ 1.01.2006

Complete text in paper publication of RT
RT I 2004, 77, 527

16.06.2005
RT I 2005, 37, 287
01.07.2005

15.06.2005
RT I 2005, 39, 308
01.01.2006

08.12.2005
RT I 2006, 1, 1
12.01.2006

31.05.2006
RT I 2006, 28, 210
30.06.2006

24.01.2007
RT I 2007, 13, 69
15.03.2007

09.04.2008
RT I 2008, 18, 123
15.05.2008

10.12.2008
RT I 2008, 59, 330
01.01.2009

18.11.2009
RT I 2009, 59, 385
01.01.2010

26.11.2009
RT I 2009, 62, 405
01.01.2010

22.04.2010
RT I 2010, 22, 108
01.01.2011 shall enter into force on the date provided for in the Decision of the Council of the European Communities on the abrogation of the derogation of the Republic of Estonia on grounds prescribed in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision of 13.07.2010 No. 2010/416/EU (OJ L 196, 28.07.2010, pp 24-26)).

16.12.2010
RT I, 06.01.2011, 1
16.01.2011

07.12.2011
RT I, 28.12.2011, 1
01.01.2012

Chapter I



GENERAL PROVISIONS

§ 1. Purpose and functions of Copyright

Act

(1) The purpose of the Copyright Act is to ensure the consistent

development of culture and protection of cultural achievements, the development

of copyright-based industries and international trade, and to create favourable

conditions for authors, performers, producers of phonograms, broadcasting

service providers, producers of first fixations of films, makers of databases

and other persons specified in this Act for the creation and use of works and

other cultural achievements.

[RT I, 06.01.2011, 1   – entry into force 16.01.2011]

(2) The Copyright Act provides for:

1) the protection of a specific right (copyright) of authors of

literary, artistic and scientific works for the results of their creative

activity;

2) the persons who may acquire rights to literary, artistic or

scientific works created by an author and the rights of such persons;

3) the rights of performers, producers of phonograms and

broadcasting service providers (related rights);

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

31) the rights of makers of databases and conditions

for the exercise and protection thereof;

[RT

I 1999, 97, 859  – entry into force 06.01.2000]

32) the related rights of producers of first recordings

of films and of other persons specified in this Act;

[RT

I 1999, 97, 859  – entry into force 06.01.2000]

4) limitations on the exercise of copyright and related rights

upon the use of works in the interest of the public;

5) guarantees for the exercise of copyright and related rights and

the protection of such rights.

(3) [Repealed – RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 2. Copyright legislation

(1) The copyright legislation of the Republic of Estonia consists

of this Act, other Acts drafted on the basis thereof and other legislation

adopted by the Government of the Republic, ministries and executive agencies.

(2) If a piece of copyright legislation is in conflict with an

international agreement of the Republic of Estonia, the provisions of the

international agreement apply.

(3)

The provisions of this Act shall be without prejudice to the application of

other specific Acts passed in the field of intellectual property.

[RT I 1999, 97, 859 – entered into force]

§ 3. Validity of Copyright Act
[RT I 1999, 97, 859 – entry into force 06.01.2000]

(1) The Copyright Act applies to works:

1) the author of which is a citizen or a permanent resident of 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,

regardless of the citizenship or the permanent residence of the creator of the

works;

3)

which must be protected in accordance with an international agreement of the

Republic of Estonia.

(2) This Act applies to works first made available to the public

in a foreign state or not made available to the public but located in the

territory of a foreign state, the author of which is a person whose permanent

residence or registered office is in the foreign state and to which clause (1)

3) of this section does not apply, only if this state guarantees similar

protection for works of the authors of the Republic of Estonia and for works

first published in the Republic of Estonia.

(3) [Repealed - RT I 1999, 97, 859 – entry

into force 06.01.2000]

Chapter II



WORKS PROTECTED BY COPYRIGHT

§ 4. Works in which copyright subsists

(1)

Copyright subsists in literary, artistic and scientific works.

(2)

For the purposes of this Act, “works” means any original results in the

literary, artistic or scientific domain which are expressed in an objective

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

means of technical devices. A work is original if it is

the author’s own intellectual creation.

(3) Works in which copyright subsists are:

1) written works in the fields of fiction, non-fiction, politics,

education, etc.;

2) scientific works or works of popular science, either written or

three-dimensional (monographs, articles, reports on scientific research, plans,

schemes, models, tests, etc.);

3) computer programs that shall be protected as literary works. Protection applies to the expression in any form of a computer

program;

4) speeches, lectures, addresses, sermons and other works which

consist of words and which are expressed orally (oral works);

5) scripts and script outlines, librettos;

6) dramatic and dramatico-musical works;

7) musical compositions with or without words;

8) choreographic works and entertainments in dumb show;

9) audiovisual works (§ 33);

10) [repealed – RT

I 1999, 97, 859 – entry into force 06.01.2000]

11) works of painting, graphic arts, typography, drawings,

illustrations;

12) productions and works of set design;

13) works of sculpture;

14) architectural graphics (drawings, drafts, schemes, figures,

plans, projects, etc.), letters of explanation explaining the contents of a

project, additional texts and programs, architectural works of plastic art

(models, etc.), works of architecture and landscape architecture (buildings,

constructions, parks, green areas, etc.), urban developmental ensembles 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 (topographic, geographic, geological, etc.

maps, atlases, models);

19) draft legislation;

191) standards and draft standards;

20) opinions, reviews, expert opinions, etc.;

21) derivative works, i.e. translations, adaptations of original

works, modifications (arrangements) and other alterations of works;

22) collections of works and information (including databases). For the purposes of this Act, “database” means a collection of

independent works, data or other economics arranged in a systematic or

methodical way and individually accessible by electronic or other means. The

definition of database does not cover computer programs used in the making or

operation thereof. In accordance with this Act, databases which, by reason of

the selection or arrangement of their contents, constitute the author’s own

intellectual creation shall be protected as such by copyright and no other

criteria are applied;

23) other works.

(4) An author shall also enjoy copyright in the results of the

intermediate stages of creating a work (drafts, sketches, plans, figures,

chapters, preparatory design economic, etc.) if these are in compliance with

the provisions of subsection (2) of this section.

(5)

The original title (name) of a work is subject to protection on an equal basis

with the work.

(6) The protection of a work by copyright is presumed 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.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 5. Results of intellectual activities

to which this Act does not apply

This Act does not apply to:

1) ideas, images, notions, theories, processes, systems, methods,

concepts, principles, discoveries, inventions, and other results of

intellectual activities which are described, explained or expressed in any

other manner in a work;

2) works of folklore;

3) legislation and administrative documents (acts, decrees,

regulations, statutes, instructions, directives) and official translations

thereof;

4) court decisions and official translations thereof;

5) official symbols of the state and insignia of organisations

(flags, coats of arms, orders, medals, badges, etc.);

6) news of the day;

7) facts and data;

8) ideas and principles which underlie any element of a computer

program, including those which underlie its user interfaces.

[RT

I 2000, 78, 497 – entry into force 06.01.2000]

§ 6. Creation of copyright regardless of purpose, value, form of

expression or manner of fixation of work

The purpose, value, specific form of expression or manner of

fixation of a work shall not be the grounds for the non-recognition of

copyright.

§ 7. Moment of creation of copyright

(1)

Copyright in a work is created with the creation of the work.

(2)

The creation of a work means the moment of expression of the work in any

objective form which allows the perception and reproduction or fixation of the

work.

(3) The registration or deposit of a work or completion of other

formalities is not required for the creation or exercise of copyright.

[RT I 1999, 97, 859 – entry into force 06.01.2000]

§ 8.

Copyright in works not made available to public and works made available to

public

(1)

Copyright subsists in works not made available to the public and in works made

available to the public (published, communicated to the public).

(2)

“The public” means an unspecified set of persons outside the family and

immediate circle of acquaintances.

[RT I 2004, 71, 500 – entry into force 29.10.2004]

§ 9. Published works

(1)

A work is deemed published if the work or copies of the work, whatever may be

the means of manufacture of the copies, are placed, with the consent of the

author, at the disposal of the public provided that the availability of such copies

has been such as to enable the public to examine or obtain the work. Publication of a work includes also publication of the work in

print, offering original copies of the work for sale, distribution, lending and

rental of the work and placing the work at the disposal of the public in any

other manner for a charge or free of charge.

(11) - (12) [Repealed - RT I 1999, 97, 859 – entry into force 06.01.2000]

(2)

A work is deemed published if it is recorded in a computer system accessible to

the public.

(3) The performance of a dramatic, dramatico-musical or a musical

work, the presentation of audiovisual works, the public recitation of a

literary work, the broadcasting or cable transmission of literary or artistic

works, the exhibition of a work of art and the construction of a work of

architecture shall not constitute publication, except in the case specified in

subsection (2) of this section.

[RT I 1999, 97, 859 – entry into force 06.01.2000]

§ 10. Works communicated to public

(1)

A work is deemed to be communicated to the public if it has been performed in

public, demonstrated to the public, transmitted to the public, retransmitted,

made available to the public or communicated to the public in any other manner

by means of any technical device or process.

(2) Communication of a work to the public also includes:

1) making the work public in a place open to the public or in a

place which is not open to the public but where an unspecified set of persons

outside the family and an immediate circle of acquaintances are present,

regardless of whether the public actually perceives the work or not;

2) communication of a transmitted or retransmitted work to the public

by means of any technical device or process, regardless of whether the public

actually perceives the work or not.

(3) The work is deemed publicly performed if it is recited,

played, danced, acted or otherwise performed directly or indirectly by means of

any technical device or process.

(4)

A work is deemed displayed (exhibited) to the public if the work or a copy

thereof is presented either directly or indirectly by means of film, slides,

television or any technical device or process.

(5) A work is deemed communicated if it is communicated without

the use of cable network (by means of radio, television or satellite). Coded

signals are deemed transmitted if for the purpose of their communication to the

public the means for decrypting are ensured by a broadcasting service provider

or with its authorisation.


[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(6) The work is deemed made available to the public if it is

communicated to the public by a cable network or by communicating it without

cable in such a way that the public may access the work from a place and at a

time chosen by them.

(7) For

the purposes of this Act, “place open to the public” means the territory,

building or room which is granted for use by the public or to which its owner

or holder allows individual access (a street, square, park, sports facility,

festival grounds, market, recreation area, theatre, exhibition hall, cinema,

club, discotheque, shop, retail enterprise, service enterprise, public means of

transport, accommodation establishment etc.).

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 101. [Repealed - RT I 1999, 97, 859 – entry into force 06.01.2000]

§ 102. Communication by satellite

(1) For the purposes of this Act, “satellite” means any

communications satellite operating on frequency bands which are reserved for

the broadcast of signals for reception by the public or which are reserved for

closed, point-to-point communication on the condition that the circumstances in

which individual reception of the signals takes place are comparable to those

which apply in the first case.

(2)

For the purposes of this Act, “communication by satellite” means the act of

introducing, under the control and responsibility of the broadcasting service

provider, the programme-carrying signals intended for reception by the public

into an uninterrupted chain of communication leading to the satellite and down

towards the earth.


[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

(3) The act of communication by satellite occurs solely in the

state where, under the control and responsibility of the broadcasting service

provider, the programme-carrying signals are introduced into an uninterrupted

chain of communication leading to the satellite and down towards the earth.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(4) If the programme-carrying signals are encrypted, then there is

communication by satellite on the condition that the means for decrypting the

broadcast are provided to the public by the broadcasting service provider or

with its consent.

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

§ 103. Retransmission via cable network

For the purposes of this Act, “retransmission via cable network” means

the simultaneous, unaltered and unabridged retransmission by a cable or

microwave system for reception by the public of an initial transmission, by

wire or over the air, including that by satellite, of television or radio

programmes intended for reception by the public.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

Chapter III



RIGHTS ARISING UPON CREATION OF WORKS

§

11. Content of copyright

(1) Copyright in a work arises upon the creation of the work by

the author of the work. Moral rights and economic

rights constitute the content of copyright.

(2)

The moral rights of an author are inseparable from the author’s person and

non-transferable.

(3)

The economic rights of an author are transferable as single rights or a set of

rights for a charge or free of charge.

(4)

The moral and economic rights of an author may be limited only in the cases

prescribed in this Act.

[RT

I 1999, 97, 859 - entry into force 06.01.2000]

§ 12. Moral rights

(1) The author of a work has the right to:

1) appear in public as the creator of the work and claim

recognition of the fact of creation of the work by way of relating the

authorship of the work to the author’s person and name upon any use of the work

(right of authorship);

2) decide in which manner the author’s name shall be designated

upon use of the work – as the real name of the author, identifying mark of the

author, a fictitious name (pseudonym) or without a name (anonymously) (right of

author’s name);

3) make or permit other persons to make any changes to the work,

its title (name) or designation of the author’s name and the right to contest

any changes made without the author’s consent (right of integrity of the work);

4) permit the addition of other authors’ works to the author’s

work (illustrations, forewords, epilogues, comments, explanations, additional

parts, etc.) (right of additions to the work);

5) contest any misrepresentations of and other inaccuracies in the

work, its title or the designation of the author’s name and any assessments of

the work which are prejudicial to the author’s honour and reputation (right of

protection of author’s honour and reputation);

6) decide when the work is ready to be performed in public (right

of disclosure of the work);

7) supplement and improve the author’s work which is made public

(right of supplementation of the work);

8) request that the use of the work be terminated (right to

withdraw the work);

9) request that the author’s name be removed from the work which

is being used.

(2)

The rights specified in clauses (1) 7), 8) and 9) of this section shall be

exercised at the expense of the author and the author is required to compensate

for damage caused to the person who used the work.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 13. Economic rights

[RT I 2006, 1, 1 – entry

into force 12.01.2006]

(1) An author shall enjoy the exclusive right to use the author’s

work in any manner, to authorise or prohibit the use of the work in a similar

manner by other persons and to receive income from such use of the author’s

work except in the cases prescribed in Chapter IV of this Act. The author’s rights shall include the right to authorise or

prohibit:

1) reproduction of the author’s work (right of reproduction of the

work). “Reproduction” means the making one or several temporary or

permanent copies of the work or a part thereof directly or indirectly in any

form or by any means;

2) distribution of the author’s work or copies thereof

(distribution right). “Distribution” means the

transfer of the right of ownership in a work or copies thereof or any other

form of distribution to the public, including the rental and lending, except

for the rental and lending of works of architecture and works of applied art. The

first sale or transfer in some other manner of the right of ownership of a copy

of a work by the author or with his or her consent in a Member State of the EU

or a state which is a contracting party of EEA Agreement shall exhaust the

right specified in this clause and copies of the work may be further

distributed in the Member States of the EU or the states which are contracting

parties of EEA agreement without the consent of the author. An author shall

enjoy the exclusive right to authorise or prohibit the rental or lending of

copies of his or her works to the public even in the case where the

distribution right has been exhausted, except in the cases provided for in § 133

of this Act;

3) [Repealed – RT

I 1999, 97, 859 – entry into force 06.01.2000]

4) translation of the author’s work (right of translation of the work);

5) making adaptations, modifications (arrangements) and other

alterations of the work (right of alteration of the work);

6) compilation and publication of collections of the author’s

works and systematisation of the author’s works (right of collections of

works);

7) public performance of the work as a live performance or a

technically mediated performance (right of public performance);

8) displaying the work to the public (right of exhibition of the

work). “Exhibition of a work” means presentation of the work or a copy

thereof either directly or by means of film, slides, television or any other

technical device or process;

9) communication of the work by radio, television or satellite,

and retransmission thereof by cable network, or direction of the work at the

public by other technical devices, except in the manner specified in clause 91

of this section (right of communication of the work);

91) making the work available to the public in such a

way that persons may access the work from a place and at a time individually

chosen by them (right of making the work available to the public);

10) carrying out the author’s architectural project pursuant to

the procedure prescribed by law;

11) carrying out the author’s project of a work of design or a

work of applied arts, etc.

(2)

[Repealed – RT

I 2000, 78, 497 – entry into force 22.10.2000]

(3)

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

any other results specified in this Act available for use, for a limited period

of time and for direct or indirect economic or commercial advantage.

(4) For the purposes of this Act, “lending” means making a work,

copies thereof or any other results specified in this Act available for use

through establishments which are accessible to the public, for a limited period

of time and not for direct or indirect economic or commercial advantage.

(5) The first sale of a copy of a database shall exhaust the right

to control resale of the copy of the database.

(6) [Repealed – RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 131.Exercise of author’s economic rights

[RT I 2004, 71, 500 – entry into force 29.10.2004]

(1)

Authors exercise their economic rights either independently or through

collective management organisations (Chapter IX).

(2)

A work may only be communicated to the public if the person organising the

communication of the work to the public has been granted prior authorisation

(licence) therefore by the author, his or her legal successor or the collective

management organisation representing the author. If

several persons organise the communication of a work to the public, one of them

shall apply for the authorisation under an agreement between the persons.

(3)

The procedure prescribed in subsection (2) of this section also applies if a

work is planned to be communicated to the public by technical means (record,

cassette or CD player, etc.) in a place open to the public.

(4)

A work may be transmitted by radio, television, or satellite or retransmitted

by a cable network only if the person communicating or retransmitting the work

has been granted prior authorisation (licence) therefore by the author, the

author’s legal successor or the collective management organisation representing

the author.

(5)

The procedure prescribed in subsection (2) of this section also applies if a

work communicated by means specified in subsection (4) is planned to be

transmitted by radio, television, satellite or a cable network in a place open

to the public or in such a way that persons may access the work from a place

and at a time individually chosen by them.

(6)

[Repealed – RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 132.

Additional economic rights related to computer programs

In addition to the economic rights specified in § 13 of this Act,

the author of a computer program has the exclusive right for the physical use

and holding of the computer program for commercial purposes.

[RT I 2004, 71, 500 – entry into force 29.10.2004]

§ 133.

Lending of work and sound recording of work out from libraries

(1) A library has the right

to lend out a work and a sound recording of a work without the consent of the

author, performer or producer of phonograms, but they are entitled to receive

remuneration for such lending out.Lending

out an audiovisual work is permitted only in case the producer of the first

fixation of a film has granted a respective authorisation .

(2) The lending out of a

sound recording of a work is permitted in case four months have passed since

the start of the distribution of such sound recording in Estonia.The

said time-limit can be shortened with the consent of the holder of related

rights which is in written format or in a format which can be reproduced in

writing.

(3) A library providing

services to an educational institution operating in a field of study of

audiovisual arts or music is entitled to lend out an audiovisual work and a

sound recording of a work for teaching and scientific research without the

consent of all holders of related rights and without the time-limit set out in

subsection (2) of this section.

(4)

The amount of remuneration payable to the author, performer and producer of

phonograms is calculated on the basis of the state budget funds allocated for

remunerations in the financial year and the electronically registered loans in

public libraries within the calendar year.

(5)

Remuneration shall be paid to the author on the basis of an application which

is in written format or in a format which can be reproduced in writing, except

in the case set out in subsection (7) of this section.

(6) In order to pay the remuneration to the author, the Government

of the Republic shall establish by a regulation:

1) the list of information to be submitted in an application;

2) the rates of distribution of the remuneration between different

authors;

3) the bases of and procedure for calculation and payment of

remuneration.

(7)

The remuneration to the author of an audiovisual work and author of a sound

recording of a work, performer of a musical work and producer of phonograms is

paid via the collective management organisation representing such author of an

audiovisual work, author of a sound recording of a work, performer of a musical

work or producer of phonograms.

(8) The remuneration is paid

by a legal person determined by the Minister of Culture.

(9) The payer of

remuneration has the right to obtain from public libraries all the information

necessary for the payment of the remuneration. Any additional related expenses

are borne by the payer of the remuneration.

(10) The upper limit of the remuneration payable on the grounds of

subsection (5) of this section shall be four times the average gross wages of

the preceding year in Estonia as reported by Statistics Estonia.

[RT I 2008, 18, 123 – entry into force 15.05.2008]

§

14. Author’s right to remuneration

(1) An author has the right to obtain remuneration (author’s

remuneration) for the use of the author’s work by other persons except in the

cases prescribed by this Act.

(2)

The amount of the remuneration, including rental fees, and the procedure for

the collection and payment thereof shall be 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 a collective management 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

shall be taken account of.

(3)

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

of this section is 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 the use of a work

without the authorisation of the author or holder of the author’s rights.

(6) Where an author has transferred (assigned) the author’s

economic rights to a producer of audiovisual works or granted an authorisation

(licence) to use (including to rent) the original or a copy of an audiovisual

work, or where such transfer or authorisation is presumed, the author shall retain

the right to obtain equitable remuneration from the television broadcasting

service provider, commercial lessor or another person who uses the audiovisual

work. An agreement to waive the right to obtain equitable remuneration

is void.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(7)

Where an author has transferred (assigned) the right or granted an

authorisation (licence) to a producer of phonograms to rent a copy of a

phonogram, or where such transfer or authorisation is presumed, the author

shall retain the right to obtain equitable remuneration from the commercial

lessor for such rental. An agreement to waive the

right to obtain equitable remuneration is void.

[RT I 2004, 71, 500 – entry into force 06.01.2000]

§ 15. Remuneration for resale of original works of art

(1) The author of an original work of art has the right to receive

a remuneration based on the sale price each time when the work is sold after

the first transfer of the right of ownership in the work.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

(2)

The right specified in subsection (1) of this section shall apply to acts of

resale involving as sellers, buyers or intermediaries salesrooms, art galleries

or dealers in works of art.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

(3)

For the purposes of this section, "original work of art" means works

of visual art such as paintings, graphics, sculptures, installations, works of

applied art and photographs, provided they are made by the artist himself or

herself or are copies which have been numbered, signed or otherwise authorised

him or her.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

(4)

Rates of remuneration:

1) 5 per cent for the portion of the sale price up to 50 000

euros;

2) 3 per cent for the portion of the sale price from 50 001 to 200

000 euros;

3) 1 per cent for the portion of the sale price from 200 001 to

350 000 euros;

4) 0.5 per cent for the portion of the sale price from

350 001 to 500 000euros;

5) 0.25 per cent for the portion of the sale price exceeding

500 000 euros.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

(5)

The remuneration for the resale of an original work of art shall not exceed 12

500 euros.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

(6)

The remuneration specified in subsection (1) of this section shall not be

applied if the sale price is less than 64 euros.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

(7)

For a period of three years after the resale, the author and the collective

management organisation have the right to require from the person who arranged

the resale to furnish the information necessary in order to secure payment of

royalties in respect of the resale.

[RT I 2006, 28, 210 – entry

into force 30.06.2006]

(8)

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

within thirty days as of the date of resale.

[RT I 2006, 28, 210 – entry

into force 30.06.2006]

(9)

The author has the right to receive the remuneration specified in subsection

(1) of this section for a period of three years after the resale.

[RT I 2006, 28, 210 – entry

into force 30.06.2006]

§ 16. Copyright and right of ownership

(1)

Copyright in a work shall belong to the author or his or her successor

regardless of who has the right of ownership in the economic object in which

the work is expressed. The manner in which the

economic rights of the author or his or her successor are exercised shall be

determined by an agreement between the author or his or her successor and the

owner.

(2)

In order to make a copy of a work of visual art, the author of the work has the

right to request access to the original of the work which is in the ownership

or lawful possession of another person.

(3)

An author may, with the owner’s consent, improve, supplement or process in any

other manner the author’s work of visual art, architecture, applied art,

design, etc.

Chapter IV

LIMITATIONS ON

EXERCISE OF ECONOMIC RIGHTS OF AUTHORS (FREE USE OF WORKS)



1. FUNDAMENTAL PROVISIONS

§

17. Limitation to economic rights of authors

Notwithstanding §§ 13 – 15 of this Act, but provided that this

does not conflict with a normal exploitation of the work and does not

unreasonably prejudice the legitimate interests of the author, it is permitted

to use a work without the authorisation of its author and without payment of

remuneration only in the cases directly prescribed in §§ 18 – 25 of this Act.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

§ 18. Free reproduction and translation of works for purposes of

personal use

(1) A lawfully published work may be reproduced and translated by

a natural person for the purposes of personal use without the authorisation of

its author and without payment of remuneration on the condition that such

activities are not carried out for commercial purposes.

(2) The following shall not be reproduced for the purposes of

personal use without the authorisation of the author and without payment of

remuneration:

1) works of architecture and landscape architecture;

2) works of visual art of limited edition;

3) electronic databases;

4) computer programs, except the cases prescribed in §§ 24 and 25

of this Act;

5) notes in reprographic form.

[RT I 2006, 28, 210 – entry

into force 30.06.2006]

§ 181. Restriction of author’s right to reproduce

(1)

Without the authorisation of the author and without payment of the

remuneration, a temporary or casual reproduction of the work which occurs as an

integral and essential part of a technical process and the purpose of which is

to mediate the communication of the work in the network between third parties

or to make possible the lawful use of the work or an object of related rights

and which has no independent commercial purpose is permitted.

(2) Subsection (1) of this section does not extend to computer

programs.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 19. Free use of works for scientific, educational, informational

and judicial purposes

The

following is permitted without the authorisation of the author and without

payment of remuneration if mention is made of the name of the author of the work,

if it appears thereon, the name of the work and the source publication:

1) making summaries of and quotations from a work which has

already been lawfully made available to the public, provided that its extent

does not exceed that justified by the purpose and the idea of the work as a

whole which is being summarised or quoted is conveyed correctly;

2) the use of a lawfully published work for the purpose of

illustration for teaching and scientific research to the extent justified by

the purpose and on the condition that such use is not carried out for

commercial purposes;

3) the reproduction of a lawfully published work for the purpose

of teaching or scientific research to the extent justified by the purpose in

educational and research institutions whose activities are not carried out for

commercial purposes;

4) for the purpose of reporting current events, the reproduction

in the press and communicating to the public of works seen or heard in the

course of an event, to the extent justified by the purpose, in the form and to

the extent required by the purpose of reporting current events;

5) reproduction of a work for the purposes of a judicial procedure

or insurance of public security and to the extent justified by the purposes of

a judicial procedure or insurance of public security;

6) the reproduction, distribution and communication to the public

of a lawfully published work in the interests of disabled persons in a manner

which is directly related to their disability on the condition that such use is

not carried out for commercial purposes. Works

created especially for disabled persons may not be reproduced, distributed and

made available without the authorisation of the author;

7) the use of a lawfully published work in a caricature, parody or

pastiche to the extent justified by such purpose.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

§ 20. Free use of works by public archives, museums or libraries
[RT I 2006, 28, 210 – entry into force 30.06.2006]

(1) A public archive, museum or library has the right to reproduce

a work included in the collection thereof without the authorisation of its

author and without payment of remuneration, in order to:

1) replace a work which has been lost, destroyed or rendered

unusable;

2) make a copy to ensure the preservation of the work;

3) replace a work which belonged to the permanent collection of

another library, archives or museum if the work is lost, destroyed or rendered

unusable;

4) digitise a collection for the purposes of preservation;

5) make a copy for a natural person for the purposes specified in

§ 18 of this Act;

6) make a copy on the order of a court or a state agency for the

purposes prescribed in clause 19 6) of this Act.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

(2) The provisions of clauses (1) 1) – 3) of this section apply in

the case when acquisition of another copy of the work is impossible.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

(3) A public archive, museum or library has the right to use a

work included in the collection thereof without the authorisation of its author

and without payment of remuneration for the purposes of an exhibition or the

promotion of the collection to the extent justified by the purpose.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

(4) Public archive, museum or

library has the right, without the authorisation of the author and without

payment of remuneration, on order from a natural person:

1) to make available works in its collections on the spot through

special equipment;

2) to lend works in its collections for individual on-the-spot

use.

[RT I 2008, 18, 123 – entry into force 15.05.2008]

(5) The activities specified in this section shall not be carried

out for commercial purposes.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

§ 201.

Free use of reproductions of works located in places open to public

It is permitted to reproduce works of architecture, works of

visual art, works of applied art or photographic works which are permanently

located in places open to the public, without the authorisation of the author

and without payment of remuneration, by any means except for mechanical contact

copying, and to communicate such reproductions of works to the public except if

the work is the main subject of the reproduction and it is intended to be used

for direct commercial purposes. If the work specified in

this section carries the name of its author, it shall be indicated in

communicating the reproduction to the public.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 202. Free use of reproductions of works of

architecture located in places open to public in real estate advertisements

The reproduction and communication to the public of reproductions

of works of architecture in real estate advertisements to the extent justified

by the purpose without the authorisation of the author and without payment of

remuneration is permitted if mention is made of the name of the author of the

work.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

§ 21. [Repealed – RT I 1999, 10, 156 – entry into force 15.02.1999]

§ 22. Free public performance of works

The public performance of works in the direct teaching process in

educational institutions by the teaching staff and students without the

authorisation of the author and without payment of remuneration is permitted if

mention is made of the name of the author or the title of the work used, if it

appears thereon, on the condition that the audience consists of the teaching

staff and students or other persons (parents, guardians, caregivers, etc.) who

are directly connected with the educational institution where the work is

performed in public.

§

23. Use of ephemeral recordings of works by broadcasters

(1)

A broadcaster may make, without the authorisation of the author and without payment

of remuneration, ephemeral recordings of works which it has the right to

broadcast on the condition that such recordings are made by means of its own

facilities and used for its own broadcasts.

(2) The broadcaster is required to destroy recordings prescribed

in subsection (1) of this section within thirty days as of the making thereof

unless otherwise agreed with the author of the work thus recorded.

(3)

Ephemeral recordings prescribed in this section shall not be destroyed if they

have considerable value in terms of cultural history. In

such case, the recordings shall be preserved, without the authorisation of the

author, in the archives of the broadcaster as works of solely documentary

character. Works to be preserved in the archives shall be decided on by the

broadcasting service provider or, in the case of a dispute, by the State

Archivist.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

§ 24. Free use of computer programs

(1) Unless otherwise prescribed by contract, the lawful user of a

computer program may, without the authorisation of the author of the program

and without payment of additional remuneration, reproduce, translate, adapt and

transform the computer program in any other manner and reproduce the results

obtained if this is necessary for:

1) the use of the program on the device or devices, to the extent

and for the purposes for which the program was obtained;

2) the correction of errors present in the program.

(2)

The lawful user of a computer program is entitled, without the authorisation of

the author of the program or the legal successor of the author and without

payment of additional remuneration, to make a back-up copy of the program

provided that it is necessary for the use of the computer program, or to

replace a lost or destroyed program or a program rendered unusable.

(3)

The lawful user of a computer program is entitled, without the authorisation of

the author of the program and without payment of additional remuneration, to

observe, study or test the functioning of the program in order to determine the

ideas and principles which underlie any element of the program if he or she

does so while performing any act of loading, displaying, running, transmitting

or storing the program which he or she is entitled to do.

(4)

[Repealed – RT

I 1999, 97, 859 – entry into force 06.01.2000]

(5)

Any contractual provisions which prejudice the exercise of the rights specified

in subsection (2) or (3) are void.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 25. Decompilation of computer programs

(1)

The lawful user of a computer program may reproduce and translate a computer

program without the authorisation of the author of the program and without

payment of additional remuneration if these acts are indispensable to obtain

information necessary to achieve the interoperability of a program created

independently of the original program with other programs provided that the

following conditions are met:

1) these acts are performed by the lawful user of the program or,

on the behalf of the lawful user of the program, by a person authorised to do

so;

2) the information necessary to achieve the interoperability of

programs has not previously been available to the persons specified in clause

1) of this subsection;

3) these acts are confined to the parts of the original program

which are necessary to achieve interoperability.

(2)

Information obtained as a result of the acts prescribed in subsection (1) of

this section shall not be:

1) used for goals other than to achieve the interoperability of

the independently created program;

2) disclosed to third persons except when necessary for the interoperability

of the independently created program;

3) used for the development, production or marketing of a computer

program substantially similar in its expression, or for any other act which

infringes the copyright of the author of the original program.

(3)

Any contractual provisions which prejudice the exercise of the rights specified

in this section are void.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 251. Free use of database

The lawful user of a database or of a copy thereof is entitled,

without the authorisation of the author and without payment of additional

remuneration, to perform any acts which are necessary for the purposes of

access to the contents of the database and normal use of its contents. If the lawful user is authorised to use only part of the

database, this provision shall only apply to the corresponding part of the

database or of a copy thereof. Any contractual provisions which prejudice the

exercise of the right are void.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

3. Use of Works

without Authorisation of Author but with Payment of Remuneration

§

26. Private use of audiovisual works and sound recordings of works

(1)

Audiovisual works or sound recordings of such works may be reproduced for the

private use (scientific research, studies, etc.) of the user without the

authorisation of the author. The author as well as the

performer of the work and the producer of phonograms have the right to obtain

equitable remuneration for such use of the work or phonogram (§ 27).

(2) Subsection (1) of this section does not apply to legal

persons.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 27. Remuneration for private use of audiovisual works and sound

recordings of works

(1) The manufacturers, importers, sellers of storage media and

recording devices, persons who bring storage media and recording devices from

the Community customs territory into Estonia within the meaning of the Council

Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 302,

19.10.1992, pp. 1–50) shall pay the remuneration

specified in § 26 of this Act.

(2) The seller shall pay the remuneration in the case when the

manufacturer, importer, or the person who brings storage media and recording

devices from the Community customs territory into Estonia has not paid the

remuneration.

(3) The seller has the right to reclaim the remuneration from the

manufacturer, importer and the person who brings storage media and recording

devices from the Community customs territory into Estonia.

(4) Natural persons shall pay remuneration in the case when the

importing of storage media and recording devices or bringing of the storage

media and recording devices from the Community customs territory into Estonia

is carried out for commercial purposes.

(5) The remuneration shall be repaid on the storage media and

recording devices:

1) which, due to their technical characteristics, do not enable

the reproduction of audiovisual works and sound recordings of works as single

copies;

2) exported or transported from Estonia into the Community customs

territory;

3) which are used in the course of the activities specified in the

articles of association of the undertaking;

4) which are used in an activity in the case of which the result

of the main activity of the person who makes the recording requires the

manufacture of an audio or video recording as an intermediate stage;

5) which are intended for recording activities in educational and

research institutions for the purpose of teaching or scientific research;

6) used for making recordings for the benefit of disabled persons.

(6)

A collective management organisation shall repay the remuneration to the

persons specified in subsection (5) of this section within one month after

submission of a corresponding written application.

(7)

The amount of the remuneration is:

1) 3 per cent of the value of the goods in the case of recording

devices;

2) 8 per cent of the value of the goods in the case of storage

media.

(8) The remuneration shall be distributed among authors,

performers and producers of phonograms according to the use of works and

phonograms.

(9) The

remuneration shall be distributed on the basis of a distribution plan for the

preparation of which the Minister of Justice shall appoint a committee every

year, which is proportionally comprised of collective management organisations

representing the authors, performers and producers of phonograms and a

representative of the Ministry of Justice.

[RT I,

28.12.2011, 1 – entry into force 01.01.2012]

(10) Remuneration may also be paid to organisations for the

development of music and film culture and in order to finance educational and

research programmes or for use thereof for other similar purposes, but only in

an amount not exceeding 10 per cent of the remuneration subject to

distribution.

(11)

The Minister of Justice shall approve the distribution plan not later than

three months after the end of the budgetary year, having previously obtained

the approval of the representatives of authors, performers and producers of

phonograms.

[RT I,

28.12.2011, 1 – entry into force 01.01.2012]

(12) The Minister of Justice shall appoint a collective management

organisation as the collector of remuneration and the organisation has the

right to deduct expenses related to the collection and payment of remuneration

from the remuneration collected.

[RT I, 28.12.2011, 1 – entry into force 01.01.2012]

(13) The collective management organisation which is appointed as

the collector of remuneration has the right to obtain necessary information

from customs authorities and statistical organisations and manufacturing and

importing organisations and sellers. The information

submitted is confidential and the collector of remuneration has the right to

use and disclose the information only in connection with the collection of

remuneration.

(14) The Government of the Republic shall establish by a

regulation:

1) the procedure for payment of remuneration to compensate for

private use of audio-visual works and sound recordings of works and the list of

storage media and recording devices;

2) the procedure for application for the remuneration specified in

subsection (10) of this section.

[RT I 2006, 28, 210 – entry into force 12.01.2006]

§ 271.

Remuneration for reprographic reproduction works

(1)

Authors and publishers are entitled to receive equitable remuneration for the

reprographic reproduction of their works in the cases specified in subsection

18 (1) and clause 19 3) of this Act.

(2) The amount of remuneration payable to the author is calculated

on the basis of the state budget funds allocated for remunerations in the

financial year and the number of the names of works registered in the database

of national bibliography.

(3)

The amount of remuneration payable to the author is calculated on the basis of

the state budget funds allocated for remunerations in the financial year and

the number of the names of works with an ISBN and ISSN number published during

ten calendar years preceding submission of the application.

(4)

The remuneration is paid by a legal person who represents the authors or

authors’ organisations and determined by the Minister of Justice.

[RT I,

28.12.2011, 1 – entry into force 01.01.2012]

(5)

Remuneration shall be paid on the basis of an application in written format or

in a format which can be reproduced in writing.

(6)

The Government of the Republic shall establish the rates of distribution of the

remuneration prescribed in subsection (1) of this section between the authors

and publishers of fiction and scientific and educational literature and the

procedure for payment of remuneration.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

Chapter V

PERSONS TO WHOM COPYRIGHT SHALL BELONG

§ 28. Author of work

(1) The moral and economic rights of an author shall initially

belong to the author of a work unless otherwise prescribed by this Act with

regard to the economic rights of the author.

(2)

The author of a work is the natural person or persons who created the work.

(3)

Copyright shall belong to a legal person only in the cases prescribed in this

Act.

(4)

Copyright shall belong to the state only in the cases prescribed in this Act.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 29. Presumption of authorship

(1) The authorship of a person who publishes a work under his or

her name, a generally recognised pseudonym or the identifying mark of the

author shall be presumed until the contrary is proved. The

burden of proof lies on the person who challenges authorship.

(2)

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

pseudonym or the identifying mark of the author 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 who represents the author in the cases prescribed

in subsection (2) of this section shall retain the rights to use the work

acquired by the person during the time the person acts as a representative

unless otherwise prescribed by an agreement between the person and the author.

[RT

I 1999, 10, 156 – entry into force 15.02.1999]

§

30. Joint authorship and co-authorship

(1)

Copyright in a work created by two or more persons as a result of their joint

creative activity shall belong jointly to the authors of the work.

(2)

A work created as a result of joint creative activity may constitute an

indivisible whole (joint authorship) or consist of parts each of which has

independent meaning of its own (co-authorship). A

part of a work is deemed to have independent meaning if it can be used

independently of other parts of the work.

(3)

Each co-author of a work shall enjoy copyright in the part of the work with

independent meaning created by him or her and the co-author may use that part

of the work independently. Such use shall not

prejudice the interests of other co-authors or contradict the interests of

joint use of the co-authors of the work.

(4)

Relations between joint authors in the exercise of copyright, including the

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

copyright in the work jointly and remuneration shall be divided equally between

them.

(5)

Each of the joint authors and co-authors may have recourse to the courts or

take other measures to protect the jointly created work and eliminate any

infringement of copyright.

(6)

Consulting authors, performing the functions of administrative management,

editing a work, drawing graphs, schemes, etc. and providing other technical

assistance to authors shall not constitute the basis for the creation of joint

authorship or co-authorship.

(7) If a work is created under an employment contract in execution

of the direct duties of a person, in order to form a group of authors, the

prior consent of the person is necessary in order to include him or her in the

group of authors. Refusal to participate in the work of a

group of authors for good reason shall not be considered breach of work

discipline.

§ 31. Copyright in collective works

(1) A collective work is a work which consists of contributions of

different authors which are united into an integral whole by a natural or a

legal person on the initiative and under the management of this person and

which is published under the name of this natural or legal person (works of

reference, collections of scientific works, newspapers, journals and other

periodicals or serials, etc.).

(2)

Copyright in a collective work shall belong to the person on whose initiative

and under whose management the work was created and under whose name it was

published unless otherwise prescribed by contract.

(3)

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

enjoy copyright in their works and they may use their works independently

unless otherwise determined by contract. Authors

of contributions are not deemed to be joint authors or co-authors.

§

32. Copyright in works created in execution of duties of employment

(1)

The author of a work created under an employment contract or in the public

service in the execution of his or her direct duties shall enjoy copyright in

the work but the economic rights of the author to use the work for the purpose

and to the extent prescribed by the duties shall be transferred to the employer

unless otherwise prescribed by contract.

(2)

An author may use the work created in the execution of his or her direct duties

independently for the purpose prescribed by the duties only with the prior

consent of the employer whereupon mention must be made of the name of the

employer. In such case, the author is entitled to receive remuneration for

the use of the work.

(3)

An author may use the work created in the execution of his or her duties

independently for a purpose not prescribed by the duties unless otherwise

prescribed by the employment contract. If a work is used in

such manner, mention must be made of the name of the employer.

(4)

In the cases prescribed by legislation, the author of a work created in the

execution of duties shall be paid, in addition to his or her pay (wages),

remuneration for the use of the work. Payment of

remuneration may also be prescribed in an agreement between the employer and

the author.

(5)

The author of a computer program or the author of a database who creates the

program or database in the execution of his or her duties or following the

instructions given by his or her employer shall enjoy a copyright in the

program or database but the employer has the exclusive licence to exercise all

economic rights unless otherwise provided by contract.

(6) Economic rights in a work created in the public service shall

transfer to the state unless otherwise prescribed by contract. The rights shall be exercised by the state agency which assigned,

commissioned or supervised the creation of the work.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 33. Copyright in audiovisual works

(1)

Audiovisual works are all works which consist of series of related images

whether or not accompanied by sound and which are intended to be demonstrated

using corresponding technical means (cinematographic films, television films,

video films, etc.).

(2)

Copyright in an audiovisual work shall belong to its author or joint or

co-authors - the director, the script writer, the author of dialogue, the

author of the musical work specifically created for use in the audiovisual work,

the cameraman and the designer. The economic rights of the

director, the script writer, the author of dialogue, the cameraman and the

designer shall transfer to the producer of the work unless otherwise prescribed

by contract. The economic rights of the author of the musical work used in the

audiovisual work shall not transfer to the producer regardless of the fact

whether or not the work was specifically created for use in the audiovisual

work.

(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 fact that the person whose name is indicated in an audiovisual work is the

producer shall be presumed until the contrary is proved. The burden of proof lies on the person who challenges the fact

that this person is the producer.

(5) Directors, script writers, composers and authors of script

outlines, dialogue and the announcer’s text, designers, cameramen,

choreographers, sound recordists and other persons who participate in the

creation of an audiovisual work shall enjoy copyright in their work which

constitutes a part with independent meaning of the audiovisual work and which

can be used independently of the work as a whole. Economic rights with regard to

such works may be exercised independently unless otherwise provided by contract

on the condition that such use shall not prejudice the interests of using the

work as a whole.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 34. Copyright of compilers

(1)

A person who creates a collection as a result of his or her creative activity

by selecting or arranging the economic (compiler) shall enjoy copyright in this

collection.

(2)

A compiler may independently arrange and transform results of intellectual

activity to which this Act does not apply (§ 5).

(3)

A compiler may independently arrange and transform, observing the provisions of

§ 44 of this Act, works whose term of protection of copyright has expired.

(4)

Works subject to protection by copyright may be arranged and included in

collections as originals or in a transformed form only with the consent of the

author or his or her legal successor except in the cases prescribed in Chapter

IV of this Act. A compiler is required to observe the

copyright in works included in the collection.

(5)

The publication of a collection by a person shall not restrict other persons in

using the same economic in order to create an independent collection pursuant

to the provisions of subsections (1) and (4) of this section.

(6) A collection compiled by a person may be transformed by other

persons only if they observe the copyright of the compiler of the original

collection.

[RT I 1999, 97, 859 – entry into force 06.01.2000]

§

35. Copyright in derivative works

(1) The author of a work which is derived from the work of another

author shall enjoy copyright in his or her work.

(2)

The creation of derivative works, including the transformation of a narrative

work into a dramatic work or a script, the transformation of a dramatic work or

a script into a narrative work, the transformation of a dramatic work into a

script, and the transformation of a script into a dramatic work, shall be

carried out only pursuant to the procedure prescribed in Chapter VII of this

Act and observing the copyright of the creator of the original work.

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

(original work), a new, creatively independent work which is separate from the

original work shall enjoy copyright in this work. In

such case, the name of the author of the original work, the title (name) of the

work and the source where the work is published shall be indicated.

(4) The provisions of subsection (1) of this section also apply to

works the authors of which are unknown (works of folklore, anonymous works,

etc.), works whose term of protection of copyright has expired and to results

of intellectual activity to which this Act does not apply (§ 5).

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 36. Succession of copyright and related rights

(1)

Succession of copyright and related rights shall be intestate succession or

shall be effected pursuant to the testamentary disposition of the bequeather

according to the general provisions of the Law of Succession Act.

(2)

The economic rights and moral rights specified in clauses 12 (1) 4) – 6) and

subsection 66 (4) of this Act shall transfer to an intestate successor of

copyright and related rights for the term of protection of the respective right

unless otherwise prescribed by a testamentary disposition.

(3)

Copyright and related rights transferred to the state by way of succession shall

be exercised by the Ministry of Culture.

(4)

The Ministry of Culture has the right to use the remuneration received in the

exercise of the copyright and related rights for payment of a scholarship.

(5)

On the grounds of subsection (4) of this section, a scholarship can be paid to

a student whose study activities or creative activities are related to the

field of creativity of the bequeather of copyright and related rights, with the

purpose of supporting such activities and professional development.

(6)

The Minister of Culture shall establish the procedure for applying for and

payment of the scholarship by a regulation.

(7)

The Minister of Culture shall establish the amount of the scholarship by a

directive.

(8)

Expenses pertaining to organising the collection of the remuneration can be

deducted from the remuneration received in the exercise of the copyright and

related rights transferred to the state by way of succession.

[RT I 2008, 18, 123 – entry

into force 15.05.2008]

§ 37. Copyright of legal successors of authors who are not

successors

Only

the economic rights of an author may transfer, on the basis of a contract

entered into with the author or in the cases directly prescribed in this Act,

to natural and legal persons who are not successors of the author.

Chapter VI

DURATION OF COPYRIGHT

§ 38. Term of protection of copyright

(1)

The term of protection of copyright shall be the life of the author and seventy

years after his or her death, irrespective of the date when the work is

lawfully made available to the public, except in the cases prescribed in §§ 39

– 42 of this Act.

(2)

[Repealed– RT I 1999, 97, 859 – entry into force 06.01.2000]

(21)

Where the country of origin of a work, within the meaning of subsection 4 of

Article 5 of the Berne Convention on Literary and Artistic Works, is a third

country, and the author of the work is not a citizen or permanent resident of

the Republic of Estonia, the term of protection of copyright shall run within a

period prescribed by the law of the country of origin but may not exceed the

term specified in subsection (1).

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 39. Term of protection of copyright in case of joint authorship

or co-authorship

The

term of protection of copyright in a work created by two or more persons as a

result of their joint creative activity (§ 30) shall be the life of the last

surviving author and seventy years after his or her death.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 40. Term of protection of copyright in anonymous or pseudonymous

works

In the case of anonymous or pseudonymous works, the term of

protection of copyright shall run for seventy years after the work is lawfully

made available to the public. If the author of the work

discloses his identity during the above-mentioned period or leaves no doubt as to

the connection between the authorship of the work and the person who created

the work, the provisions of §§ 38 and 39 apply.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 41. The term of protection of copyright in collective works,

works created in execution of duties, audiovisual works and serials

(1)

The term of protection of copyright in a collective work (§ 31) or work created

in the execution of duties (§ 32) shall run for seventy years after the work is

lawfully made available to the public.

(11)

The term of protection of copyright in an audiovisual work (§ 33) shall expire

seventy years after the death of the last surviving author (director, script

writer, author of dialogue, author of a musical work specifically created for

use in the audiovisual work).

(2)

If a work specified in subsection (1) of this section is not made available to

the public fifty years after the creation thereof, the term of protection of

copyright shall expire seventy years after the creation of the work.

(3)

Where a work is published as a serial (volumes, parts, issues or instalments,

etc.) and the term of protection of copyright runs from the time when the work

was lawfully made available to the public, the term of protection for each

instalment shall expire seventy years after the time when the instalment is

lawfully made available to the public.

(4)

The term of protection of copyright in independent works included in a

collective work, a work created in the execution of duties or in an audiovisual

work which have not been made available to the public anonymously or under a

pseudonym shall expire within the term provided for in subsection 38 (1) of

this Act.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 42. [Repealed - RT I 1999, 97, 859 – entry into force 06.01.2000]

§ 43. Beginning of term of protection of copyright

The term prescribed in this Chapter begins on the first of January

of the year following the year of the death of the author (subsection 38 (1)

and § 39) or of the year following the year when the work was lawfully made

available to the public or of the year following the year of creation of the

work (subsection 38 (2); §§ 40, 41 and 42).

§ 44. Protection of authorship of work, name of author, honour and

reputation of author and title of work without term

(1)

The authorship of a certain work, the name of the author and the honour and

reputation of the author shall be protected without a term.

(2)

The use of the title (name) of a work by another author for a similar work when

the term of protection of copyright has expired is not permitted if such use

may result in identification of authors which would mislead the public.

§ 45. Use of works after term of protection of copyright expires

Works whose term of protection of copyright has expired may be

freely used by all persons pursuant to the provisions of § 44 of this Act and

the Heritage Conservation Act (RT I 2002, 27, 153; 47, 297; 53, 336; 63, 387;

2004, 25, 171).

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

Chapter VII

USE OF WORKS



1. FUNDAMENTAL PROVISIONS

§

46. Use of works by other persons

(1)

Works shall be used by other persons only in the case of transfer (assignment)

of the author’s economic rights by him or her or on the basis of an

authorisation (licence) granted by the author except in the cases prescribed in

Chapter IV of this Act.

(2)

[Repealed - RT I 2002, 92, 527 – entry

into force 18.11.2002]

(3)

The transfer of the author’s economic rights by him or her or the grant of an

authorisation to use a work may be limited with regard to certain rights and to

the purpose, term, territory, extent, manner and means of using the work.

§ 47. Sublicence to use work

A person who is granted an authorisation to use a work may

authorise a third person to use the work (grant a sublicence) only with the

prior consent of the author.

[RT I 2002, 92, 527   – entered into

force18.11.2002]

2. AUTHOR’S CONTRACT

§ 48. Definition of author’s contract

(1) An author’s contract is an agreement between the author or his

or her legal successor and a person who wishes to use the work for the use of a

work on the basis of which the author or his or her legal successor transfers

the author’s patrimonial rights to the other party or grants to the other party

an authorisation to use the work to the extent and pursuant to the procedure

prescribed by the conditions of the contract.

(2)

An author’s contract may be entered into to use an existing work or to create

and use a new work.

(3)

Upon use an existing work on the basis of a licence agreement, the provisions

of the Law of Obligations Act (RT I 2001, 81, 487; 2002, 60, 374; 2003, 78,

523; 2004, 13, 86; 37, 255) concerning licence agreements apply to the author’s

contract unless otherwise provided by this Act.

(4) Upon creation and use of a new work, the provisions of the Law

of Obligations Act concerning contracts for services apply to the author’s

contract unless otherwise provided by this Act.

[RT I 2002, 92, 527 – entry into force 18.11.2002]

§ 481.

Content of author’s agreement

(1) The following shall be recorded in an author’s contract:

1) a description of the work (format, volume and name of the work,

etc.);

2) transferable rights, and rights concerning which authorisation

is granted, type of licence agreement (non-exclusive or exclusive licence

agreement) and the right to grant a sublicence;

3) manner of use of the work and the territory where the work is

to be used;

4) the term of the author’s contract and the term of commencement

of use of the work.

(2)

The manner of payment of remuneration (percentage of the sales price of the

work, a fixed amount, percentage of the profits made upon using the work, etc.)

and the amount of the remuneration, the term of and procedure for payment

thereof shall be determined in the author’s contract by agreement of the

parties.

[RT I 2002, 92, 527 – entry

into force 18.11.2002]

§ 49. Format of author’s contract

(1) An author’s contract shall be entered into in writing. The grant of a non-exclusive licence may also be made in a format

which can be reproduced in writing.

(2) The written format or format which can be reproduced in

writing is not required in the case of the grant of a non-exclusive licence

concerning contracts for publishing works in periodical publications or works

of reference and for one-time transmissions of oral works in radio and

television, or in cable networks.

[RT I 2002, 92, 527 – entry

into force 18.11.2002]

§ 50. - § 51. [Repealed - RT I 2002, 53, 336   – entry

into force 01.07.2002 - RT I 2002, 53, 336]

§ 52. Term of author’s contract

The term of an author’s contract shall be determined by an

agreement between the parties.

§ 53. Term of commencement of use of work

The

term of commencement of use of a work shall not exceed one year as of the

moment of delivery of the work to the user by the author, unless otherwise

prescribed by the contract.

[RT I 2002, 92, 527   – entry into force 18.11.2002]

§ 54. - § 55. [Repealed - RT I 2002, 92, 527 – entry into force 18.11.2002]

§

56. Personal performance of author’s contract

In the case of an author’s contract for the creation of a new

work, the author is required to create the work personally unless otherwise

prescribed by the contract. Other persons may be

involved in the creation of the work and the group of authors may be changed

only with the prior consent of the person commissioning the work.

[RT I 2002, 92, 527 – entry into force 18.11.2002]

§ 57. Rights transferred to users of works by virtue of contract

(1)

The right of ownership in the manuscript, draft, drawing, magnetic tape or

floppy disc of a work or other economic object by means of which the work is

reproduced shall transfer to the user of the work only in the cases directly

prescribed by an author’s contract.

(2)

If an author transfers the original or a copy of his or her work, this does not

constitute a transfer of the author’s economic rights or grant of an

authorisation to use the work unless otherwise determined by the contract.

(3)

A work of visual art created on the basis of an author’s contract for the

creation of a new work shall be transferred into the ownership or possession of

the person commissioning the work unless otherwise prescribed by the contract.

(4) Pursuant to subsection (2) or (3) of this section, the

acquirer of a work has the right to display (exhibit) such work to the public

without payment of additional remuneration to the author unless otherwise

determined by the contract. A person who possesses the

original or a copy of a work on the basis of a contract for use has no such

right.

(5) If an author’s contract on the use of a literary or artistic

work for the creation of an audiovisual work is concluded, the user of the work

has the right to display the work to the public at the cinema, on television,

by cable or by other technical means, to dub the work into other languages, to

provide it with subtitles and to reproduce and distribute the work, unless

otherwise prescribed by the contract. The author has the

right to obtain equitable remuneration for the rental of the work (subsection

14 (6)). The provisions of this subsection do not apply to musical works.

[RT I 2006, 28, 210   – entry into force 06.01.2000

- RT I 1999, 97, 859]

§

58. - § 61. [Repealed– RT I 2002, 53, 336 – entry into force 01.07.2002]

Chapter VIII

RIGHTS OF PERFORMERS,

PRODUCERS OF PHONOGRAMS AND BROADCASTING SERVICE PROVIDERS (RELATED RIGHTS)

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

§ 62. Definition of related rights

(1) A performer, producer of phonograms, broadcasting service

provider, producer of the first fixation of a film, a person who, after the

expiry of copyright protection, for the first time lawfully publishes or

lawfully directs at the public a previously unpublished work, and a person who

publishes a critical or scientific publication of a work not protected by

copyright shall enjoy the rights prescribed in this Chapter in the results

created by him or her (object of related rights).

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(2)

The exercise of related rights does not limit the exercise of copyright by the

author or his or her legal successor.

(3)

For the purposes of this Chapter, “distribution” means the making available to

the public of originals or copies of the object of related rights by sale or by

transfer of the right of ownership in any other manner.

(4) The first sale of an object of related rights in a Member

State of the EU or a contracting state of the EEA Agreement by the rightholder

or with his or her authorisation shall exhaust the distribution right

prescribed in this Chapter and the object of related rights may be further

distributed in a Member State of the EU or a state contracting state of the EEA

Agreement without the authorisation of the rightholder and without payment of

remuneration.

(5) A performer, producer of phonograms, broadcasting service

provider, producer of the first fixation of a film, a person who, after the

expiry of copyright protection, for the first time lawfully publishes or

lawfully communicates to the public a previously unpublished work, and a person

who publishes a critical or scientific publication of a work not protected by

copyright may transfer (assign) the economic rights provided for in this Chapter

or grant an authorisation (licence) for the use of the object of related

rights.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

§ 621. Presumption of related rights

(1)

The protection of the object of related rights is presumed, 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 the object of related rights.

(2)

It is presumed that the person whose name is indicated on an object of related

rights as rightholder has rights regarding the specified object until the

contrary is proved. The burden of proof lies on the person

who contests the fact that this person holds the rights.

(3) If an object of related rights or its packaging is marked with

a symbol that can be directly related with the holder of related rights or his

or her legal successor, or such symbol is used in other relation with the

corresponding object of related rights, the holder of the related rights who is

associated with the symbol is presumed to have the rights regarding the

corresponding object.

[RT I 2004, 71, 500 – entry into force 29.10.2004]

§ 63. Validity of related rights

(1)

The provisions of this Chapter apply in respect of a performer if:

1) the performer is a citizen or a permanent resident of the

Republic of Estonia;

2) the work is performed (produced) in the territory of the Republic

of Estonia; or

3) the performance (production) of the work is recorded on a

phonogram which is protected pursuant to subsection (2) of this section; or

4) the performance (production) of the work which is not recorded

on a phonogram is included in a radio or television programme which is

protected pursuant to subsection (3) of this section.

(2)

The provisions of this Chapter apply in respect of a producer of phonograms if:

1) the producer of phonograms is a citizen or a permanent resident

of the Republic of Estonia or a legal person located in the Republic of

Estonia; or

2) the sounds were first fixed on a phonogram in the territory of

the Republic of Estonia; or

3) the phonogram was first published in the territory of the

Republic of Estonia. “Publication” means offering copies of

a phonogram to the public in reasonable quantity.

(3) The provisions of this Chapter apply in

respect of a broadcasting service provider if:

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

1) the registered office of the organisation is in the territory

of the Republic of Estonia; or

2) the work is communicated by means of a transmitter which is

located in the territory of the Republic of Estonia.

(4)

The provisions of this Chapter apply in respect of citizens of foreign states

and foreign legal persons pursuant to international agreements to which the

Republic of Estonia is party.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 64. Definition of performer

For the purposes of this Act, “performer” means an actor, singer,

musician, dancer or another person or groups of persons who acts, sings,

declaims, plays on an instrument or in any other manner performs literary or

artistic works or works of folklore or supervises other persons upon the

performance of works, or a person who performs in variety shows, circuses,

puppet theatres, etc.

§

65. Rights of performers

Performers shall enjoy moral and economic rights in the

performance (interpretation) of works.

§ 66. Moral rights of performers

A performer shall enjoy the following rights:

1) right of authorship of the performance;

2) right to a stage name;

3) right of inviolability of the performance;

4) right of protection of the performer’s honour and reputation

with respect to the performer’s performance.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§

67. Economic rights of performers

(1)

A performer has the exclusive right to use and to authorise or prohibit the use

of the performance of a work and to obtain, for such use, remuneration agreed

upon by the parties except in the cases prescribed by this Act and an agreement

between the parties.

(2) The following is permitted only with the consent of the

performer:

1) recording a performance which has previously not been fixed

onto a record, audio or video tape, on film or in another manner;

2) the broadcasting of performances by radio, television or

satellite, except in the cases where a recording of the performance is

broadcast or the performance is retransmitted with the permission of the

broadcasting service provider which first broadcast the performance;

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

3) directing of a performance at the public by whichever technical

means outside the location of the performance except in the cases where a

recording of the performance is communicated to the public or the performance

is directed at the public by means of radio or television;

31) making the recording of a performance available to

the public in such a way that persons may access the performance from a place

and at a time individually chosen by them;

4) use of the sound and image of the performance separately if

they are recorded together and form a single whole;

5) the direct or indirect, temporary or permanent, partial or

total reproduction of the recording of a performance in any form or by any

means;

6) the distribution of recordings to the public;

7) the rental and lending of the recording of a performance. The rental right shall transfer to the producer of an audiovisual

work (subsection 33 (3)) upon the conclusion of a corresponding individual or collective

contract for the creation of an audiovisual work unless otherwise prescribed by

contract. The performer shall retain the right to obtain equitable remuneration

(subsection 68 (4)).

(3)

The performer of a work may exercise the rights set out in subsection (2) of

this section independently or through a collective management organisation.

(4) [Repealed

- RT

I 1999, 10, 156 – entry into force 15.02.1999]

(5)

Upon performance of a work in the execution of direct duties, the economic

rights of the performer are transferred to the employer only on the basis of a

written agreement of the parties.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 68. Authorisation to use performance

(1)

A prior written consent of the performer is required for the use of a

performance.

(2)

In order to use a work performed by a group of persons, the consent of all

members of the group is required. The leader of an ensemble,

a conductor, leader of a choir, director or another person authorised by the

group of persons may grant an authorisation in the name of the group.

(3)

Unless otherwise prescribed by contract:

1) an authorisation to broadcast the performance of a work on

radio or television does not grant the broadcasting service provider the right

to record the performance or grant an authorisation to broadcast the work to

other organisations;

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

2) an authorisation to broadcast the performance of a work on

radio or television and to fix the performance does not grant the broadcasting

service provider the right to reproduce the recording;

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

3) an authorisation to record the performance of a work and to

reproduce the recording does not grant the right to broadcast such recording or

a copy thereof on radio or television.

(4) Where a performer has transferred (assigned) the right to rent

the original or a copy of a phonogram or audiovisual work or has granted a

licence therefore, or such transfer or grant of a licence may be presumed, the

performer shall retain the right to obtain equitable remuneration for the

rental. An agreement to waive the right to obtain equitable remuneration

is void.

[RT I 2004, 71, 500 – entry into force 29.10.2004]

§ 69. Definition of producer of phonograms

For the purposes of this Act, a producer of a phonogram (sound

recording) is a natural or legal person on whose initiative or responsibility a

first legal recoding of the sound arising from the performance or other sound

occurs.

[RT I 2004, 71, 500 – entry into force 29.10.2004]

§ 70. Rights of producers of phonograms

(1)

A producer of phonograms has the exclusive right to authorise or prohibit:

1) the direct or indirect, temporary or permanent, partial or

total reproduction of the phonograms in any form or by any means;

2) the importation of copies of phonograms;

3) the distribution of phonograms to the public;

4) the rental or lending of copies of phonograms;

5) making the phonograms available to the public in such a way

that persons may access the phonograms from a place and at a time individually

chosen by them.

(2)

The amount of remuneration for the use of a phonogram, the manner of and

procedure for payment thereof shall be determined by an agreement between the

producer of phonograms and a user thereof.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 71. Symbol of protection of phonogram

In

order to guarantee the rights of a producer of phonograms and of the performers

whose works are recorded on a phonogram, the producer of phonograms has the

right to mark recordings made for commercial purposes or containers thereof

with the symbol P (P in a circle) together with the year of the first

publication of the phonogram added thereto. The

name of the producer of phonograms and the principal performers of the work

recorded, if these are not directly indicated on the phonogram or the container

thereof, shall be added to the said symbol.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 72. Remuneration for use of phonogram

(1) If a phonogram published for commercial purposes or a

reproduction thereof is used for communication to the public, the performer and

the producer of phonograms are entitled to obtain equitable remuneration.

(2)

The remuneration is paid by a person who communicates the phonogram published

for commercial purposes to the public.

(3) The remuneration shall be paid in equal proportions as a

single payment to the performer and the producer of phonograms unless otherwise

prescribed in an agreement between the performer and the producer of

phonograms.

[RT I 2006, 28, 210 – entry

into force 30.06.2006]

§ 73. Rights of broadcasting service providers
[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(1) Broadcasting service providers have the exclusive right to

authorise or prohibit:

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

1) retransmission of their broadcasts;

2) recording of their broadcasts;

3) direct or indirect, temporary or permanent, partial or total

reproduction of recordings of their broadcasts in any form or by any means;

4) communication of broadcasts to the public if such direction

occurs in places open to the public against payment of an entrance fee;

41) making recordings of their broadcasts available to

the public in such a way that persons may access the broadcasts from a place

and at a time individually chosen by them;

5) distribution of recordings of their broadcasts to the public.

(11) The rights provided for in subsection (1) of this

section do not depend on whether the broadcast is communicated or retransmitted

by wire or over the air, including by cable network or satellite.

(2) The amount of remuneration for the use of a recording of

broadcasts, the manner of and procedure for payment thereof shall be determined

by an agreement between the broadcasting service provider and user.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(3)

The rights provided for in subsection (1) of this section do not extend to a

cable operator who retransmits by cable the broadcasts of broadcasting service

providers.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

§ 731. Rights of producers of first fixations of films

(1)

Producers of first fixations of films have the exclusive right to authorise or

prohibit:

1) direct or indirect, temporary or permanent, partial or total

reproduction of the originals or copies of their films in any form or by any

means;

2) distribution of the originals or copies of their films to the

public;

3) rental or lending of the originals or copies of their films;

4) making available the originals or copies of their films in a

manner that persons can use the films in the place and at the time of their

individual choice.

(2)

For the purposes of this section, “films” mean audiovisual works or moving

images whether or not accompanied by sound, which are not works.

[RT I 2004, 71, 500 – entry into force 29.10.2004]

§

74. Duration of related rights

(1) The rights prescribed in this Chapter shall not expire before

the end of a period of fifty years:

1) for the performer, as of the first performance of a work. If a recording of the performance is lawfully published or

lawfully communicated to the public within this period, the rights of the

performer shall expire in fifty years as of the date of such publication or

communication to the public, whichever is the earliest;

2) for the producer of phonograms, as of the first fixation of a

phonogram. If a recording of the phonogram is lawfully published within this

period, the rights of the producer of phonograms shall expire in fifty years as

of the date of the first lawful publication. If, during the term specified in

the first sentence, no lawful publication has occurred and the phonogram has

been lawfully communicated to the public, the specified rights shall expire in

fifty years as of the date of the first lawful communication to the public;

3) for the broadcasting service provider, as of the first

transmission of a broadcast, regardless of whether the broadcast is transmitted

or retransmitted by wire or over the air, including by cable network or

satellite;

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

4) for the producer of the first fixation of a film, as of the

first fixation of the film. If the film is lawfully

published or lawfully communicated to the public within this period, the rights

of the producer of the first fixation shall expire in fifty years as of the

date of such publication or communication to the public, whichever is the

earliest.

(2)

The term of protection commences from the first of January of the year

following the year when the acts specified in subsection (1) of this section

are performed.

(3)

Within the term of protection specified in this section, the economic rights

related to copyright shall be transferred by way of succession.

(4)

The authorship and stage name of a performer and the honour and reputation of

the performer shall be protected without a term.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 741. Related rights in previously unpublished works

and critical or scientific publications

(1)

A person who, after the expiry of copyright protection, for the first time

lawfully publishes or lawfully communicates to the public a previously unpublished

work shall benefit from a protection equivalent to the economic rights of the

author (§ 13), within twenty-five years from the time when the work was first

published or communicated to the public.

(2) A person who publishes a critical or scientific publication of

a work unprotected by copyright has rights to the publication equivalent to the

economic rights of an author (§ 13), within thirty years from the time when the

publication was first published.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 75. Limitation of related rights

(1)

Without the authorisation of a performer, producer of phonograms, broadcasting

service provider, producer of the first fixation of a film and a person who, after

the expiry of copyright protection, for the first time lawfully publishes or

lawfully directs at the public a previously unpublished work or of a person who

publishes a critical or scientific publication of a work unprotected by

copyright, and without payment of remuneration, it is permitted to use the

performance, phonogram, radio or television broadcast or recordings thereof, or

the film, including by reproduction:

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

1) for private use by natural persons, taking account of the

provisions of §§ 26 and 27 of this Act and on condition that such reproduction

is not carried out for commercial purposes;

2) for the purpose of illustration for teaching or scientific

research to the extent justified by the purpose and on condition that such use

is not carried out for commercial purposes and on condition that the source is

indicated, if possible;

3) if short excerpts are used in connection with the reporting of

current events to the extent justified by the informational purposes to be

achieved and on condition that the source is indicated, if possible;

4) if short excerpts (quotations) from an object of related rights

which is lawfully published are used for informational purposes and to the

extent justified by the informational purposes to be achieved and the

obligation to convey the meaning of the whole performance, phonogram, radio or

TV broadcast or film accurately is observed and on condition that the source is

indicated, if possible;

5) for an ephemeral recording of the performance, broadcast or

phonogram by a broadcasting service provider and for reproduction thereof by

means of its own facilities and for the purpose of its own broadcasts, provided

that the broadcasting service provider has received an authorisation to

broadcast the performance, broadcast or phonogram from the rightholder

beforehand or the transmission or retransmission of the performance, broadcast

or phonogram by the broadcasting service provider is lawful on another basis.

Such recordings and reproduction thereof (copies) shall be destroyed after

thirty days from their making, except for one copy which may be preserved as an

archive copy under the conditions set out in subsection 23 (3) of this Act;

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

6) in other cases where the rights of authors of works are limited

pursuant to Chapter IV of this Act.

(2)

The free use prescribed in this section is permitted only on the condition that

that this does not conflict with normal use and does not unreasonably harm the

legitimate interests of holders of related rights.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

Chapter VIII1

RIGHTS OF MAKERS OF

DATABASES

§ 751. Purpose of this Chapter

The purpose of this Chapter is to provide independent protection

for databases by establishing special rights for makers of databases to protect

investments made by them.

[RT

I 1999, 97, 859   – entry into force 06.01.2000]

§ 752. Definition of database

For

the purposes of this Chapter, “database” means a collection of works, data or

other economics arranged in a systematic or methodical way and individually

accessible by electronic or other means. The

definition of database does not cover computer programs used in the making or

operation thereof.

§ 753. Maker of database

(1) The maker of a database is a person who has made a substantial

investment, evaluated qualitatively or quantitatively, in the collecting,

obtaining, verification, arranging or presentation of data which constitutes

the contents of the database.

(2) The provisions of this Chapter apply if:

1) the maker of a database or rightholder is a citizen or

permanent resident of the Republic of Estonia;

2) the maker of a database or rightholder is a company which is

founded in accordance with the law of the Republic of Estonia and has its

registered office, central administration or principal place of business within

the territory of the Republic of Estonia. If

such company has only its registered office in the territory of the Republic of

Estonia, its operations must be genuinely linked on an ongoing basis with the

economy of Estonia;

3) a database must be protected in accordance with an

international agreement of the Republic of Estonia.

[RT I 2004, 71, 500 – entry into force 29.10.2004]

§ 754. Rights of makers of databases

(1) The maker of a database has the exclusive right to authorise

or prohibit the use of the database in the manner prescribed in subsection (2)

of this section and to obtain remuneration agreed between the parties for such

use, except in the cases prescribed in this Chapter or by agreement of the

parties.

(2) The following is permitted only with the authorisation of the

maker of a database:

1) extractions from the database or from a substantial part

thereof. “Extraction” means the permanent or temporary transfer of all or

a substantial part of the contents of a database to another medium by any means

or in any form;

2) re-utilisation of the database or a substantial part thereof. “Re-utilisation” means any form of making available to the public

all or a substantial part of the contents of a database by the distribution of

copies, by renting, by on-line or other forms of transmission.

(3) The first sale of a copy of a database by the maker of the

database or with the latter’s authorisation shall exhaust the right of the maker

of the database to control the resale of the database or the copy as provided

for in clause (2) 2) of this section.

(4)

The exclusive right specified in subsection (2) of this section shall belong to

the maker of a database irrespective of the eligibility of that database or the

contents thereof for protection by this Act or under other legislation.

(5)

Public lending is not an act of extraction or re-utilisation of a database or a

substantial part thereof.

(6) The maker of a database may transfer (assign) the right

provided for in subsection (2) of this section or grant an authorisation

(licence) for the exercise of such right. In

such cases, the provisions of Chapter VII of this Act shall apply.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 755. Rights and obligations of lawful users of

databases

(1) A lawful user of a database which is made available to public

in whatever manner has the right to make extractions and to re-utilise

insubstantial parts of its contents, evaluated qualitatively or quantitatively,

for any purposes whatsoever. Where the person is

authorised to use only part of the database in the manner provided for in this

subsection, the provisions of this subsection shall apply only to that part.

(2)

A lawful user of a database which is made available to the public in whatever

manner shall not prejudice the copyright or related rights in the works or

other economics contained in the database.

(3)

A lawful user of a database which is made available to the public in whatever

manner shall not perform acts that conflict with normal use of the database or

unreasonably prejudice the legitimate interests of the maker of the database.

(4) Any contractual provisions which prejudice the exercise of the

rights provided for in this section by a lawful user of a database are void.

[RT

I 1999, 97, 859 – entry into force 06.01.2000]

§ 756. Limitation to rights of makers of databases

A

lawful user of a database which is lawfully made available to the public in

whatever manner may, without the authorisation of its maker and without payment

of remuneration, extract or re-utilise a substantial part of the database in

the case of:

1) extraction for private purposes of the contents of a

non-electronic database;

2) extraction for the purposes of illustration for teaching or

scientific research, as long as the source is indicated and to the extent

justified by the non-commercial purpose to be achieved;

3) extraction or re-utilisation for the purposes of public

security or an administrative or judicial procedure to the extent justified by

the purposes of public security or an administrative or judicial procedure.

§ 757. Term of protection of rights of makers of

databases

(1) The rights of the maker of a database shall run from the date

of completion of the database, which is the date on which the making of the

database is completed.

(2)

The term of protection of the rights of the maker of a database shall expire in

fifteen years from the first of January of the year following the date when the

database was completed.

(3)

If a database is made available to the public in whatever manner within the

period provided for in subsection (2) of this section, the term of protection

of the rights of the maker of the database shall expire in fifteen years from

the first of January of the year following the date when the database was first

made available to the public.

(4) If there is a substantial change, evaluated qualitatively or

quantitatively, to the contents of a database, including any substantial change

resulting from additions, deletions or alterations, which would result in the

database being considered to be a substantial investment, evaluated

qualitatively or quantitatively, the rights of the maker of the changed

database shall expire in fifteen years from the making of corresponding

changes. In such case, the term shall be calculated pursuant to the

procedure provided for in subsection (2) or (3).



Chapter IX



COLLECTIVE EXERCISE

OF RIGHTS

[RT I 1999, 10, 156 – entry into force 15.02.1999]

§ 76. Collective management organisation

(1) Authors,

performers, producers of phonograms, broadcasting service providers and other

holders of copyright and related rights have the right to establish collective

management organisations.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(2) A collective management organisation shall be a non-profit

association which is founded, operates or is dissolved pursuant to the

Non-profit Associations Act with the specifications arising from this Act.

(3) Exercise of rights by collective management organisations is

mandatory upon cable retransmission of a work or an object of related right and

in the cases specified in subsections 133 (7), 14 (6) and (7), §§ 15

and 27 and subsection 68 (4) of this Act.

[RT I 2008, 18, 123 – entry into force 15.05.2008]

(4)

Subsection (3) of this section does not apply upon cable retransmission of a

work or an object of related right if the holder of the rights is a

broadcasting service provider.

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

(5)

A collective management organisation is has the right to obtain necessary

information concerning the use of works and objects of related rights from all

persons in public law and private law.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

§ 77. Principles and methods of activities of collective

management organisations

(1)

Collective management organisations shall exercise and protect the economic and

personal non-economic rights of their members pursuant to the procedure

prescribed in their articles of association and membership contracts,

including:

1) give their consent to the use of works or objects of related

rights (performances, phonograms, radio or television broadcasts or programmes)

by concluding corresponding contracts with users;

2) determine the amount of author’s remuneration, licence fees,

performer’s fees or any other remuneration, by way of conducting negotiations if

necessary;

3) collect and pay remuneration for the use of works or objects of

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 exercise of copyright

and related rights in accordance with an authorisation granted by authors or

holders of related rights.

(2) Under a corresponding contract or in the cases provided by

law, collective management organisations may also represent authors and holders

of related rights who are not members of these organisations.

(3)

During the period when a collective management organisation has, pursuant to

law or contract, the right to represent authors or holders of related rights,

the authors or holders of related rights cannot exercise such rights

themselves.

(4)

In the cases of evident violations of the rights and legitimate interests of

authors or holders of related rights, collective management organisations have

the right to represent all authors or holders of related rights without

authorisation.

(41) Subsection (4) of this section does not apply in

the conducting of proceedings concerning a violation of the retransmission

right of a broadcasting service provider committed in cable distribution

network.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(5)

Collective management organisations shall represent foreign authors and holders

of related rights under contracts entered into directly with them or bilateral

or multilateral agreements concluded with foreign collective management

organisations or on the basis of membership.

[RT I 2006, 28, 210 – entry

into force 30.06.2006]

§ 78. Guarantees for members of collective management

organisations

In

order to prevent unlawful and unjustified limitations to copyrights and 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 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 by members authorised by

them (meeting of representatives or of the central administration);

2) remuneration collected shall be distributed among authors and

holders of related rights as proportionately as possible subject to the actual

use of the works after deducting from the fees 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) the members of a collective management organisation shall have

access to regular and complete information concerning all activities of the

organisation and the use of their works and the remuneration to be obtained by

them;

4) the same rules apply to foreign authors and holders of related

rights as to Estonian authors and holders of related rights;

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 related rights in Estonia.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 79. Exercise of right of retransmission via cable network

(1) If the holder of the right does not conclude a contract with a

collective management organisation for the exercise of the right of

retransmission via cable network, the organisation representing holders of

rights of the same category is authorised to represent the rightholder.

(2)

If there are several collective management organisations specified in

subsection (1) of this section, the rightholder is free to choose which of the

organisations is authorised to manage the rightholder’s rights.

(3)

A rightholder represented pursuant to subsection (1) of this section has the

same rights and obligations as the rightholder who is represented by a

collective management organisation pursuant to a membership contract or another

corresponding contract.

(4)

Under a contract between a cable operator and a collective management

organisation, a rightholder represented pursuant to subsection (1) of this

section may claim the rightholder’s rights and performance of obligations

corresponding to the rights within three years as of the date of retransmission

of the radio or television broadcast which includes the work.

(5) Subsection (1) of this section does not apply to broadcasts of

broadcasting service providers.

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

§ 791. Exercise of right of communication by satellite

(1)

Section 79 of this Act applies to communication of a work by satellite if the

communication of the work to the public by a broadcasting service provider by

satellite simulcasts a terrestrial broadcast by the same broadcaster.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(2) The holder of right represented by a collective management

organisation pursuant to the procedure provided for in § 79 of this Act has at

any time the right to demand that the representation be terminated and to

exercise his or her rights either individually or collectively.

(3) This section does not apply to audiovisual works.

[RT I 2006, 28, 210 – entry into force 30.06.2006]

Chapter X



PROTECTION OF RIGHTS

[RT I 2002, 63, 387 – entry into force 01.09.2002]



§

80. Protection of rights of makers of databases

(1)

[Repealed – RT I 2002, 63, 387 – entry

into force 01.09.2002]

(2) The provisions concerning the protection of copyright and

related rights apply to the protection of the rights of makers of databases

(Chapter VIII1) unless otherwise provided by law.

[RT I 2002, 63, 387 – entry into force 01.09.2002]

§ 801. Pirated copy

(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 related

rights which has been reproduced in any country without the authorisation of

the author of the work, holder of copyright or holder of related rights.

(2)

“Pirated copy” means also a copy of a work or object of related rights which

has been reproduced in a foreign state with the authorisation of the author of

the work, holder of copyright or holder of related rights but which is

distributed or is going to be distributed in Estonia without the authorisation

of the author, holder of copyright or holder of related rights.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 802. Trading in pirated copies

“Trading in pirated copies” means the sale, rental, offer for sale

or offer for rental of pirated copies and the storage, possession and

distribution of pirated copies for commercial purposes.

[RT

I 2000, 78, 497 - entry into force 22.10.2000]

§ 803. Technological measure

(1)

Authors and holders of related rights may, in order to protect their rights,

add technological measures to a work or object of related rights.

(2)

For the purposes of this Act, a technological measure means any technology,

device or component that, in the normal course of its operation, is designed to

prevent or restrict acts related to a work, an object of related rights or a

database within the meaning of Chapter VIII1 of this Act and for

which the holder of copyright, the holder of related rights or the maker of the

database has not granted the authorisation thereof within the meaning of

Chapter VIII1 of this Act.

(3)

With the help of technological measures, the rightholders control the use of

protected works or objects of related rights through the application of an

access control or protection process which achieves the protection objective

(such as encryption, scrambling or other transformation or a copy control

mechanism). The technological measures voluntarily applied by the

rightholders, including those applied in the implementation of voluntary

agreements, shall enjoy protection.

(4) In the cases of free use of the works permitted by § 18,

clauses 19 2), 3), 5) and 6) of and §§ 20 and 23 of this Act and objects of

related rights permitted by clauses 75 (1) 1), 2), 5) and 6) of this Act, the

rightholder shall adjust such measures to his or her work or object of related

rights which allow the entitled persons to freely use the work or object of

related rights to the extent necessary for the free use in the cases prescribed

by law on the condition that entitled persons have legal access to the

protected work or object of related rights. If the person entitled to freely

use the work or object of related rights and the rightholder fail to reach an

agreement on application of the corresponding measures within a reasonable

period of time, the person entitled to freely use the work or the object of

related rights has the right to address the copyright committee under the

conditions set out in § 87 of this Act.

[RT I 2008, 18, 123 – entry into force 15.05.2008]

(5)

Subsection (4) of this section does not apply to such works and objects of

related rights which have been made available to the public on the basis of an

agreement in such a way that persons can use them from a place and at a time

individually chosen by them.

(6) This section does not apply to computer programs.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 804. Information on exercise of rights

(1)

The authors and holders of related rights may add information on the exercise

of rights to published works or objects of related rights.

(2)

For the purposes of this Act, information on the exercise of rights is any

information presented to the rightholders that defines the work, the object of

related rights or database within the meaning of Chapter VIII1 of

this Act or the terms of their use and identifies the author, the holder of

related rights or the maker of the database within the meaning of Chapter VIII1;

figures and codes containing information on the exercise of rights is also

deemed to be such information.

(3) Subsection (1) of this section applies only if information on

the exercise of rights accompanies the work, object of related rights or

database within the meaning of Chapter VIII1 of this Act or is

presented at same time with their communication to the public.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 81. [Repealed – RT I 2002, 53, 336  – entry

into force 01.07.2002]

Chapter X1

LIABILITY

§ 811. [Repealed

– RT I 2007, 13, 69 – entry

into force 15.03.2007]

§ 812.

Removal or alteration of information on exercise of rights

(1) Removal or alteration of electronic information on the

exercise of the rights of authors or holders of related rights; and

distribution, communication, communication to the public or making available to

the public of works, objects of related rights or databases from which

information concerning the exercise of rights has been removed without

authorisation or the information has been altered, is punishable by a fine of

300 fine units.

[RT I 2007, 13, 69 – entry into force 15.03.2007]

(2) The same act, if committed by a legal person, is punishable by

a fine of up to 32,000 euros.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 813.

Violation of moral rights of author or performer

(1) Violation of the moral rights of an author or performer is

punishable by a fine of up to 300 fine units.

[RT I 2007, 13, 69 – entry into force 15.03.2007]

(2)

The same act, if committed by a legal person, is punishable by a fine of up to

32,000 euros.

[RT I 2010, 22, 108 – entry

into force 01.01.2011]

§ 814. Violation of economic rights

of author or holder of related rights

(1)

Violation of the economic rights of an author or holder of related rights is

punishable by a fine of up to 300 fine units.

[RT I 2007, 13, 69 – entry

into force 15.03.2007]

(2)

The same act, if committed by a legal person, is punishable by a fine of up to

32,000 euros.

[RT I 2010, 22, 108 – entry

into force 01.01.2011]

§ 815. Evasion of payment of

remuneration prescribed by the Copyright Act

(1) Non-payment of remuneration upon resale of an original work of

visual art as well as upon production, import, sale or bringing of an

audiovisual work or a recording device for personal reproduction of a sound

recording or a blank recording medium from a European Community state into

Estonia by a person who is obliged to pay such remuneration pursuant to law is

punishable by a fine of up to 300 fine units.

[RT I 2007, 13, 69 – entry into force 15.03.2007]

(2)

The same act, if committed by a legal person, is punishable by a fine of up to

32,000 euros.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 816. Proceedings

(1) The provisions of the General Part of the Penal Code and of

the Code of Misdemeanour Procedure apply to the misdemeanours provided for in

§§ 812 - 815 of this Act.

[RT I 2007, 13, 69 – entry into force 15.03.2007]

(2) Police authorities conduct extra-judicial proceedings in

matters of misdemeanours provided for in §§ 812 - 815 of

this Act.

[RT I 2009, 62, 405 – entry into force 01.01.2010]

(3) The Consumer Protection Board conducts extra-judicial

proceedings in matters of misdemeanours provided for in § 812 of

this Act.

[RT I 2007, 13, 69 – entry into force 15.03.2007]

(4) The Tax and Customs Board conducts extra-judicial proceedings

in matters of misdemeanours provided for in § 815 of this Act.

[RT I 2007, 13, 69 – entry

into force 15.03.2007]

(5)

A police authority or court shall confiscate the object which was the direct

object of commission of a misdemeanour provided for in this §§ 812 -

814 of this Act.

[RT I 2009, 62, 405 – entry into force 01.01.2010]

§ 817. Protection of copyright and related rights under

civil law

(1) In the case of the unlawful use of a work or an object of

related rights, the author or holder of related rights may, among other, claim

the following:

1) compensation, pursuant to § 1043 of the Law of Obligations Act,

for the patrimonial and non-patrimonial damage caused through the unlawful use

of a work or an object of related rights;

2) termination of the unlawful use of a work or an object of

related rights and refrainment from further violation pursuant to § 1055 of the

Law of Obligations Act;

3)

delivery of that which was received by way of the unlawful use of a work or an

object of related rights pursuant to §§ 1037 and 1039 of the Law of Obligations

Act.

(2) If, as a result of a violation of copyright legislation, a

work or an object of related rights is communicated to the public, reproduced,

distributed or altered etc., an entitled person may claim:

1) restoration of the work or object of related rights in the

original form;

2) alteration of copies of the work or object of related rights by

specific means, or

3)

destruction of pirated copies.

(3)

The provisions of clauses (2) 2) or 3) of this section do not apply to works of

architecture.

(4) It is prohibited to transfer pirated copies to the author,

holder of related rights or to their representatives.

[RT I 2007, 13, 69 – entry

into force 15.03.2007]

§ 82. - § 84.[Repealed

– RT I 2002, 63, 387 – entry into force 01.09.2002]

§ 841. [Repealed - RT I 2007, 13, 69 – entry into force 15.03.2007]

Chapter XI

IMPLEMENTATION OF ACT

[RT I 1999, 10, 156 – entry into force 15.02.1999]

§ 85. Identification of pirated copies and prevention of further

circulation thereof

(1)

In civil, criminal or administrative procedure, the following is taken as the

basis for considering a copy of a work to be a pirated copy:

1) statements given and documents provided by the author, holder

of the author’s rights or holder of related rights or by a representative

thereof, legal copies of the work or any other factual information received

from the above-mentioned persons; or

2) the absence of a required special marking on the object of

related rights or its packaging.

(2) Pirated copies are subject to confiscation 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 confiscation.

(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 that person.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 86. Further handling of seized computer system

(1)

A computer system confiscated pursuant to § 83 of the Penal Code shall be

transferred to the Ministry of Education and Research.

(2) The Ministry of Education and Research shall remove the

computer program installed in the computer without the consent of the author or

holder of the author’s rights 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.

[RT I 2006, 1, 1 – entry

into force 12.01.2006]

§ 87. Copyright committee

(1) A copyright committee (hereinafter the committee) shall be

formed at the Ministry of Justice and the committee shall act in the capacity

of an expert committee. The Government of the Republic shall appoint the

members of the committee for a period of five years. The committee shall:

[RT I, 28.12.2011, 1 – entry into force 01.01.2012]

1) monitor compliance of the level of protection of copyright and

related rights with the international obligations assumed by the Republic of

Estonia;

2) analyse the practice of implementation of copyright

legislation;

3) make proposals to the Government of the Republic for amendment

of copyright legislation and accession to international agreements;

4) resolve, at the request of the parties, disputes related to

copyright and related rights by way of conciliation of the parties;

41) resolve, by way of conciliation of the parties

pursuant to the procedure set out in the Conciliation Act, the applications

submitted pursuant to subsection 803 (4) of this Act concerning

measures applicable to allow the free use of works and objects of related

rights in certain cases. If, in order to resolve the

corresponding rights, a party has applied to the copyright committee, the

parties are required to enter into negotiations through the committee and

conduct the negotiations in good faith. The parties shall not prevent or hinder

negotiations without valid justification;

[RT I 2009, 59, 385 – entry into force 01.01.2010]

5) perform other functions assigned to the committee by the

Government of the Republic.

(11) The copyright committee is a conciliation body

within the meaning of § 19 of the Conciliation Act.  The

provisions of the Conciliation Act with the specifications arising from this

Act apply to proceedings conducted by the copyright committee.In

the resolution of a dispute by the copyright committee, the membership of the

committee shall be such that its independence and impartiality is beyond

reasonable doubt.If necessary, independent experts from outside the committee shall

be invited to participate in its work by an order of the Minister of Justice.

[RT I,

28.12.2011, 1 – entry into force 01.01.2012]

(12) [Repealed - RT I 2009, 59, 385 – entry

into force 01.01.2010]

(2)

[Repealed – RT I 2008, 59, 330 – entry

into force 01.01.2009]

(3)

[Repealed – RT I 2008, 18, 123 – entry

into force 15.05.2008]

(4) [Repealed – RT I 2005, 39, 308 – entry

into force 01.01.2006]

§ 871. Negotiations and resolution of disputes in

respect of rights managed only by collective management organisations

(1) In the cases specified in subsection 76 (3) of this Act, a

collective management organisation and a user are required to enter into and

conduct negotiations in good faith. The parties shall

not prevent or hinder negotiations without valid justification.

[RT I 2006, 28, 210 – entry

into force 30.06.2006]

(2) A party who fails to comply with the requirement provided for

in subsection (1) of this section is required to compensate the other party for

damage arising therefrom.

(3) If a collective management organisation and a user are unable

to reach an agreement, one or both parties have the right to call upon the

assistance of a conciliator for the resolution of the dispute. The copyright

committee or one or several persons who have been selected by the parties and

who comply with the conditions set out in § 3 of the Conciliation Act may act

as conciliators.  The provisions of the Conciliation Act with the

specifications arising from this Act shall apply to such proceedings.

[RT I 2009, 59, 385 – entry into force 01.01.2010]

§ 88. Protection of works and results of work of performers,

producers of phonograms or broadcasting service providers created before entry

into force of this Act
[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

(1)

This Act also extends to works and results of the work of performers, producers

of phonograms or broadcasting service providers which are created before 12 December

1992.

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

(2)

The requirements established by this Act for the use of works and results of

the work of performers, producers of phonograms or broadcasting service

providers do not extend to cases where use occurred before 12 December 1992.

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

(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 reputation

shall be protected by the Ministry of Justice (subsection 44 (1)). This provision also applies to performers (subsection 74 (4)).

[RT I, 28.12.2011,

1 – entry into force 01.01.2012]

§ 881. Application of specific provisions of Act

(1) Section 15 of this Act also applies in respect of the states

party to the Berne Convention for the Protection of Literary and Artistic Works

which ensure for the citizens or permanent residents of the Republic of Estonia

the same level of protection as that prescribed in Article 14ter of the

Berne Convention for the Protection of Literary and Artistic Works.

(2)

The copyright provisions of this Act also apply in respect of the citizens and

permanent residents of the contracting states of the World Trade Organisation

(WTO) pursuant to Agreement on the Trade-Related Aspects of Intellectual

Property Rights in Annex 1C of the Agreement Establishing the World Trade Organisation

(Marrakesh Agreement).

(3)

Section 15 of this Act also applies in respect of the contracting states of the

World Trade Organisation which ensure for the citizens or permanent residents

of the Republic of Estonia the same level of protection as that prescribed in

Article 14ter of the Berne Convention for the Protection of Literary and

Artistic Works.

(4)

Section 741 of this Act does not apply in respect of the contracting

states of the Berne Convention for the Protection of Literary and Artistic Works

and the World Trade Organisation.

(5)

The provisions of clauses 67 (2) 1) – 3) and 7) of this Act and other

provisions arising from the given section of this Act apply in respect of

persons who are citizens of a contracting state of the World Trade Organisation.

(6)

The provisions of clauses 70 (1) 1) and 4) of this Act and other provisions

arising from the given section of this Act apply in respect of producers of

phonograms who are citizens of a contracting state of the World Trade

Organisation, or in respect of legal persons which have their registered office

in a contracting state of the World Trade Organisation.

(7) The provisions of clauses 73 (1) 1), 2), 4) and 5) of this Act

and other provisions arising from the given section of this Act apply in

respect of broadcasting service providers which have their headquarters in the

territory of a contracting state of the World Trade Organisation.

[RT I, 06.01.2011, 1 – entry

into force 16.01.2011]

§ 89. Implementing Acts

(1) The Government of the Republic or, by its authorisation, the

Minister of Justice has the right to issue regulations for the implementation

of copyrights provided for in §§ 13 and 15 of this Act.

[RT I,

28.12.2011, 1 – entry into force 01.01.2012]

(11)

[Repealed – RT I 2002, 92, 527 – entry

into force 18.11.2002]

(12)

Subsection 13 (6) of this Act enters into force on 1 January 2003.

(13)

[Repealed – RT I 2006, 28, 210 – entry

into force 30.06.2006]

(2) The Government of the Republic has the right to establish

requirements for documenting the circulation of certain objects of related

rights.

(3) The upper limit of the remuneration provided for in subsection

133 (8) of this Act shall be taken into account upon the payment of

the remunerations of the previous calendar year as of the year 2005.

[RT I 2005, 37, 287 – entry

into force 01.07.2005]

Chapter XII



PROVISIONS WHICH

ENTER INTO FORCE UPON ACCESSION TO EUROPEAN UNION

[RT I 2004, 30, 208 – entry

into force 01.05.2004]

§

90. Protection of databases

(1)

The first sale in a Member State of the European Union of a copy of a database

by the author or with his or her consent shall exhaust the right of the author

as provided for in clause 13 (1) 2) of this Act to control resale of that copy

within the European Union.

(2)

The first sale in a Member State of the European Union of a copy of a database

by the maker of the database or with his or her consent shall exhaust the right

of the maker of the database as provided for in clause 754 (2) 2) of

this Act to control resale of that copy within the European Union.

(3) The provisions of Chapter VIII1 of this Act also

apply if:

1) the maker of a database or rightholder is a citizen of a Member

State of the European Union or a person who has his or her habitual residence

in the territory of the European Union;

2) the maker of a database or rightholder is a company founded in

accordance with the law of a Member State of the European Union and having its

registered office, central administration or principal place of business in the

territory of the European Union. If such company has only

its registered office in the territory of the European Union, its operations

must be genuinely linked on an ongoing basis with the economy of a Member State

of the European Union.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 91. Protection of computer programs

The

first sale in a Member State of the European Union of a copy of a computer

program by its author or with his or her consent shall exhaust the right of the

author provided for in clause 13 (1) 2) of this Act to distribute that copy

within the European Union, with the exception of the right to rent the program

or a copy thereof.

[RT I 2004, 30, 208 – entry

into force 01.05.2004]

§ 92. Terms of protection

(1) Where the country of origin of a work, within the meaning of

subsection 4 of Article 5 of the Berne Convention, is a third country, and the

author of the work is not a citizen of a Member State of the European Union,

the term of protection of copyright in the European Union shall expire within a

period prescribed by the law of the country of origin of the work, but may not

exceed the term specified in subsection 38 (1).

(2) The terms of protection prescribed in § 74 of this Act also

apply in respect of holders of related rights who are not citizens of a Member

State of the European Union, provided that the Member States grant them

protection. Such rights shall expire within a period prescribed by the law of

the Member State of which the rightholder is a citizen, but may not exceed the

term prescribed in § 74, unless otherwise prescribed by an international

agreement.

(3) The terms of protection provided for in Chapter VI, and §§ 74

and 757 of this Act apply to all works and objects of related rights

which are protected in at least one Member State of the European Union.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 93.

Related rights

(1)

Section 741 and Chapter VIII1 of this Act also apply in

respect of citizens and permanent residents of the Member States of the

European Union and in respect of legal persons which have their registered

office in a Member State of the European Union.

(2) The Government of the Republic or, by its authorisation, the

Minister of Justice shall notify the Commission of any intention to create new

related rights including the basic reasons for their introduction and the term

of protection envisaged.

[RT I,

28.12.2011, 1 – entry into force 01.01.2012]

§ 94. Rental right and lending right

The

distribution right prescribed in Chapter VIII of this Act shall only be

exhausted if the first sale of an object of related rights is made in the

territory of the European Union by the rightholder or with his or her consent,

except for the rental right which is not exhausted.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 95. Communication by satellite

(1) The act of communication by satellite occurs solely in the

Member State where, under the control and responsibility of the broadcasting

service provider, the programme-carrying signals are introduced into an

uninterrupted chain of communication leading to the satellite and down towards

the earth.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

(2)

If an act of communication by satellite occurs in a non-Community State which

does not provide the level of protection provided for in this Act, then:

1) if the programme-carrying signals are transmitted to the

satellite from an uplink station situated in a Member State of the European

Union, that act of communication by satellite is deemed to have occurred in

that Member State and the rights provided for in this Act shall be exercisable

against the person operating the uplink station;

2) if no uplink station situated in a Member State of the European

Union is used but a broadcasting service provider established in a Member State

has commissioned the act of communication by satellite, that act is deemed to

have occurred in the Member State in which the broadcasting service provider

has its principal establishment in the Community and the rights provided for in

this Act shall be exercisable against the broadcasting service provider.

[RT I, 06.01.2011, 1 – entry into force 16.01.2011]

§ 96. Retransmission via cable network

For the purposes of this Act, “retransmission via cable network”

means the simultaneous, unaltered and unabridged retransmission by a cable or

microwave system for reception by the public of an initial transmission from

another Member State of the European Union, by wire or over the air, including

that by satellite, of television or radio programmes intended for reception by

the public.

[RT I 2004, 71, 500 – entry

into force 29.10.2004]

§ 97. Application of this Chapter to countries party to European

Free Trade Association (EFTA)

Pursuant

to an international agreement of the Republic of Estonia, this Chapter applies

in the territory of the European Economic Area which, in addition to the Member

States of the European Union, covers the Republic of Iceland, the Principality

of Liechtenstein and the Kingdom of Norway.

[RT I 2004, 30, 208 – entry

into force 01.05.2004]

§ 98. Entry into force of this Chapter

The

provisions of this Chapter enter into force by a separate Act.

[RT I 2004, 30, 208 – entry

into force 01.05.2004]



1 The following directives of the

European Union have been taken into account in the Copyright Act:

Council

Directive 91/250/EEC of May 14 1991 (OJ No. L

122 17.5.91); Council Directive 92/100/EEC of 19 November 1992 (OJ No. L 346

27.11.92); Council Directive 93/83/EEC of 27 September 1993 (OJ No. L 248

6.10.93); Council Directive 93/98/EEC of 29 October 1993 (OJ No. L 290

24.11.93); European Parliament and Council Directive 96/9/EC of 11 March 1996

(OJ No. L 77 27.3.96); Directive 2001/29/EC of the European Parliament and of

the Council on the harmonisation of certain aspects of copyright and related

rights in the information society (OJ No. L 167 22.06.2001 pp. 0010-0019).

The

Copyright Act is based on the provisions of the Bern Convention for the

Protection of Literary and Artistic Works (as revised at Paris in 1971), the

International Convention for the protection of performers, producers of

phonograms and broadcasting organization (Rome 1961), Convention for the

Protection of Producers of Phonograms Against Unauthorized Duplication of Their

Phonograms (Geneva 1971) and Annex 1C to the Agreement Establishing the WTO

(Marrakech Agreement) on the agreement on trade-related aspects of intellectual

property rights (RT II 1999, 22, 123).

Directive 2001/84/EC of the European Parliament and of the Council

on the resale right for the benefit of the author of an original work of art

(OJ L 272, 13.10.2001, pp. 32–36).

(31.05.2006 entry into force 30.06.2006 - RT I 2006, 28, 210)

Related Laws

1992 Act 1322