عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
Arabic English Spanish French Russian Chinese
القوانين المعاهدات الأحكام التصفح بحسب كل ولاية قضائية

إستونيا

EE002

رجوع

Copyright Act (consolidated text of February 22, 2000)

 Copyright Act

Copyright Act*

(of November 11, 1992, as last amended by the Act of February 15, 2000)

TABLE OF CONTENTS**

Section

Chapter I: General Provisions

Purpose of Copyright Act.............................................. 1

Copyright legislation..................................................... 2

Validity of Copyright Act ............................................. 3

Chapter II: Works Protected by Copyright

Works in which copyright subsists................................ 4

Results of intellectual activities to which this Act does

not apply ....................................................................... 5

Creation of copyright regardless of purpose, value,

form of expression or manner of fixation of work ........ 6

Moment of creation of copyright................................... 7

Copyright in works not made available to public and

works made available to public..................................... 8

Published works ............................................................ 9

Works performed in public, displayed and

communicated to public ................................................ 10

[Repealed—09.12.1999] ............................................... 101

Communication of works to public by satellite............. 102

3Cable retransmission ..................................................... 10

Chapter III: Rights Arising upon Creation of Works

Content of copyright ..................................................... 11

Moral rights................................................................... 12

Economic rights ............................................................ 13

Exercise of author’s economic rights ............................ 131

Author’s right to remuneration...................................... 14

Remuneration for resale of works of visual art ............. 15

Copyright and right of ownership ................................. 16

Chapter IV: Limitations on Exercise of Economic Rights of

Authors (Free Use of Works)

1. Fundamental Provisions

Limitation to economic rights of authors ...................... 17

Free private use of works .............................................. 18

2. Use of Works without Authorisation of Author and

without Payment of Remuneration

Free reproduction of works for scientific, educational,

informational, judicial and administrative purposes...... 19

Reproduction of works by libraries, archives or

museums ....................................................................... 20

Free use of reproductions of works located in places

open to public................................................................ 201

[Repealed—21.01.1999] ............................................... 21

Free public performance of works................................. 22

Use of ephemeral recordings of works by broadcasting

organisations ................................................................. 23

Free use of computer programs ..................................... 24

Decompilation of computer programs........................... 25 1Free use of database ...................................................... 25

3. Use of Works without Authorisation of Author but

with Payment of Remuneration

Private use of audiovisual works and sound recordings

of works ........................................................................ 26

Remuneration for private use of audiovisual works and

sound recordings of works ............................................ 27

Reprographic reproduction of works............................. 271

Chapter V: Persons to whom Copyright Shall Belong

Author of work.............................................................. 28

Presumption of authorship ............................................ 29

Joint authorship and co­authorship................................ 30

Copyright in collective works ....................................... 31

Copyright in works created in execution of duties of

employment................................................................... 32

Copyright in audiovisual works

Copyright of legal successors of authors who are not

.................................... 33

Copyright of compilers ................................................. 34

Copyright in derivative works....................................... 35

Rights of successors ...................................................... 36

successors...................................................................... 37

Chapter VI: Duration of Copyright

Term of protection of copyright .................................... 38

Term of protection of copyright in case of joint

Term of protection of copyright in anonymous or

The term of protection of copyright in collective

works, works created in execution of duties,

Protection of authorship of work, name of author,

honour and reputation of author and title of work

Use of works after term of protection of copyright

authorship or co­authorship........................................... 39

pseudonymous works .................................................... 40

audiovisual works and serials........................................ 41

[Repealed—09.12.1999] ............................................... 42

Beginning of term of protection of copyright................ 43

without term.................................................................. 44

expires........................................................................... 45

Chapter VII: Use of Works

1. Fundamental Provisions

Use of works by other persons ...................................... 46

Authorisation (licence) to use work .............................. 47

2. Author’s Contract

Definition of author’s contract ...................................... 48

Author’s contract for creation of new work

Rights transferred to users of works by virtue of

Liability of author or his or her legal successor for

Liability of user of works for breach of author’s

Author’s rights upon reorganisation or liquidation of

Chapter VIII: Rights of Performers, Producers of Phonograms and

Broadcasting Organisations (Related Rights)

Related rights in previously unpublished works and

Form of author’s contract.............................................. 49

Standard author’s contract............................................. 50

Entry into author’s contract........................................... 51

Term of author’s contract.............................................. 52

Term of commencement of use of work........................ 53

Restriction on use of work with regard to third persons 54

Payment of remuneration .............................................. 55

(commission contract)................................................... 56

contract.......................................................................... 57

breach of author’s contract............................................ 58

contract.......................................................................... 59

Compensation for damage............................................. 60

organisation................................................................... 61

Definition of related rights ............................................ 62

Validity of related rights ............................................... 63

Definition of performer ................................................. 64

Rights of performers ..................................................... 65

Moral rights of performers ............................................ 66

Economic rights of performers...................................... 67

Authorisation to use performance ................................. 68

Definition of producer of phonograms .......................... 69

Rights of producers of phonograms .............................. 70

Symbol of protection of phonogram ............................. 71

Remuneration for use of phonogram............................. 72

Rights of broadcasting organisations ............................ 73

Rights of producers of first fixations of films ............... 73 1

Duration of related rights .............................................. 74

critical or scientific publications ................................... 741

Limitation to related rights............................................ 75

Chapter VIII1: Rights of Makers of Databases

Purpose of this Chapter ................................................. 751

Chapter IX:

Chapter X :

Chapter XI:

Chapter XII:

Definition of database ................................................... 752

Maker of database ......................................................... 753

Rights of makers of databases ....................................... 754

Rights and obligations of lawful users of databases ...... 755

Limitation to rights of makers of databases................... 756

Term of protection of rights of makers of databases ..... 757

Collective Exercise of Rights

Organisations representing authors, performers,

producers of phonograms, broadcasting organisations

and other rightholders ................................................... 76

Principles and methods of activities of collective

management organisations ............................................ 77

Guarantees for members of collective management

organisations ................................................................. 78

Management of rights related to cable retransmission

by collective management organisations....................... 79

Exercise of broadcasting rights by collective

management organisations ............................................ 791

Protection of Rights and Liability

General principles of liability........................................ 80

Pirated copy .................................................................. 801

Protection of copyright and related rights under civil

law................................................................................. 81

Protection of copyright and related rights under

criminal law .................................................................. 82

Administrative liability of legal persons ....................... 83

Proceedings in matters concerning administrative

offences of legal persons............................................... 84

Implementation of Act

Identification of pirated copies and prevention of

further circulation thereof ............................................. 85

Further handling of seized computer system................. 86

Copyright committee..................................................... 87

Negotiations and resolution of disputes in respect of

rights managed only by collective management

organisations ................................................................. 871

Protection of works and results of work of performers,

producers of phonograms or broadcasting

organisations created before entry into force of this

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

Application of specific provisions of Act...................... 881

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

Provisions which Enter into Force upon Accession to

European Union

Protection of databases.................................................. 90

Protection of computer programs .................................. 91

Terms of protection....................................................... 92

Related rights ................................................................ 93

Rental right and lending right........................................ 94

Communication to public by satellite............................ 95

Cable retransmission ..................................................... 96

Application of this Chapter to countries party to

European Free Trade Association (EFTA).................... 97

Entry into force of this Chapter..................................... 98

CHAPTER I

GENERAL PROVISIONS

Purpose of Copyright Act

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

culture and protection of cultural achievements, the development of copyright­based

industries and international trade, and to create favourable conditions for authors, performers,

producers of phonograms, broadcasting organisations, 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.

[09.12.1999]

(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 organisations

(related rights);

3 1 . the rights of makers of databases and conditions for the exercise and protection

thereof;

[09.12.1999]

3 2 . the related rights of producers of first fixations of films and of other persons

specified in this Act;

[09.12.1999]

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—09.12.1999)

Copyright legislation

2.—(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.

[09.12.1999]

(3) The provisions of this Act shall be without prejudice to the application of other

specific Acts passed in the field of intellectual property.

[09.12.1999]

Validity of Copyright Act

3.—(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.

[09.12.1999]

(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

subsection (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—09.12.1999)

CHAPTER II

WORKS PROTECTED BY COPYRIGHT

Works in which copyright subsists

4.—(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.

[09.12.1999]

(3) Works in which copyright subsists are:

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

[21.01.1999]

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

(monographs, articles, reports on scientific research, plans, schemes, models, tests, etc.);

[21.01.1999]

3. computer programs that shall be protected as literary works. Protection applies to

the expression in any form of a computer program;

[09.12.1999]

4. speeches, lectures, addresses, sermons and other works which consist of words and

which are expressed orally (oral works);

[21.01.1999]

5. scripts and script outlines, librettos;

[21.01.1999]

6. dramatic and dramatico­musical works;

[21.01.1999]

7. musical compositions with or without words;

[21.01.1999]

8. choreographic works and entertainments in dumb show;

[21.01.1999]

9. audiovisual works (Section 33);

[09.12.1999]

10. (repealed—09.12.1999)

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

[21.01.1999]

12. productions and works of set design;

[21.01.1999]

13. works of sculpture;

[21.01.1999]

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;

[21.01.1999]

15. works of applied art;

[21.01.1999]

16. works of design and fashion design;

[21.01.1999]

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

slides and slide films;

[21.01.1999]

18. cartographic works (topographic, geographic, geological, etc. maps, atlases,

models);

[21.01.1999]

19. draft legislation;

[21.01.1999]

19 1 . standards and draft standards;

[22.02.1999]

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

[21.01.1999]

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

(arrangements) and other alterations of works;

[21.01.1999]

22. collections of works and information (including databases). For the purposes of

this Act, “database” means a collection of independent works, data or other materials arranged

in a systematic or methodical way and individually accessible by electronic or other means.

The meaning of database does not cover computer programs used in the production 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 is applied;

[09.12.1999]

23. other works.

[21.01.1999]

(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 material, etc.) if

these are in compliance with the provisions of subsection (2) of this Section.

[09.12.1999]

(5) The original title 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.

[09.12.1999]

Results of intellectual activities to which this Act does not apply

5. 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.) and banknotes;

6. news of the day;

7. facts and data;

[09.12.1999]

8. ideas and principles which underlie any element of a computer program, including

those which underlie its user interfaces.

[09.12.1999]

Creation of copyright regardless of purpose, value, form of expression

or manner of fixation of work

6. The purpose, value, specific form of expression or manner of fixation of a work shall

not be the grounds for the non­recognition of copyright.

Moment of creation of copyright

7.—(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.

[09.12.1999]

(3) The registration or deposit of a work or completion of other formalities is not

required for the creation or exercise of copyright.

Copyright in works not made available to public

and works made available to public

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

available to the public (published, performed in public, displayed in public or communicated

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

immediate circle of acquaintances.

[09.12.1999]

Published works

9.—(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.

[21.01.1999]

(1 1 ) (Repealed—09.12.1999)

(1 2 ) (Repealed—09.12.1999)

(2) A work is deemed published if it is recorded in a computer system accessible to the

public.

(3) The performance of a dramatic, dramatico­musical 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.

[09.12.1999]

Works performed in public, displayed and communicated to public [09.12.1999]

10.—(1) A work is deemed performed if it is recited, played, danced, acted or

performed in any other manner directly or by means of any technical device or process.

(2) A work is deemed displayed (exhibited) if the work or a copy thereof is presented

either directly or by means of film, slides, television or any other technical device or process.

(3) A work is deemed communicated to the public if it is made public by means of

radio, television, satellite or cable networks or in any other manner which is not connected

with the distribution of copies of the work.

[09.12.1999]

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

means:

[09.12.1999]

1. making the work available in a place open to the public or in a place which is not

open to the general public but where an unspecified set of persons outside the family and an

immediate circle of acquaintances are present;

[21.01.1999]

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

technical device or process regardless of whether the public actually perceived the work or

not.

[21.01.1999; 09.12.1999]

10 1 . (Repealed—09.12.1999)

Communication of works to public by satellite

10 2 .—(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, point­to­point 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 to the public by satellite” means the

act of introducing, under the control and responsibility of the broadcasting organisation, the

programme­carrying signals intended for reception by the public into an uninterrupted chain

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

(3) The act of communication to the public by satellite occurs solely in the State where,

under the control and responsibility of the broadcasting organisation, the programme­carrying

signals are introduced into an uninterrupted chain of communication leading to the satellite

and down towards the earth.

(4) If the programme­carrying signals are encrypted, then there is communication to the

public by satellite on the condition that the means for decrypting the broadcast are provided to

the public by the broadcasting organisation or with its consent.

[09.12.1999]

Cable retransmission

10 3 . For the purposes of this Act, “cable retransmission” 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.

[09.12.1999]

CHAPTER III

RIGHTS ARISING UPON CREATION OF WORKS

Content of copyright

11.—(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.

[09.12.1999]

(2) The moral rights of an author are inseparable from the author’s person and non­

transferable.

[09.12.1999]

(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.

[09.12.1999]

Moral rights [09.12.1999]

12.—(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 subsection (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.

Economic rights

13.—(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:

[09.12.1999]

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

“Reproduction” means making one or several temporary or permanent copies of the work or a

part thereof in any form or by any means;

[09.12.1999]

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 (sale, giving as gift,

etc.) 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 right

specified in this clause shall be exhausted and copies of a work may be further distributed

without the authorisation of the author if the author or rightholder has sold copies of the work,

except in the cases provided for in subsection (2) of this Section;

[09.12.1999]

3. (repealed—09.12.1999)

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, cable network, satellite and by

means of other technical devices (right of communication of the work);

[09.12.1999]

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) 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 (subsection (1)2), except in the cases provided for in subsection (6) of this

Section.

[09.12.1999]

(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.

[09.12.1999]

(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.

[09.12.1999]

(5) The first sale of a copy of a database pursuant to subsection (1)2 of this Section

shall exhaust the right to control resale of the copy of the database.

[09.12.1999]

(6) An author does not have the right to prohibit the lending of copies of his or her

works from public libraries but the author has the right to obtain, pursuant to the procedure

provided by law, equitable remuneration for such lending. The list of public libraries which

pay remuneration for lending, the amount of such remuneration, the conditions for payment

thereof and the payment procedure shall be established by the Government of the Republic.

[09.12.1999]

Exercise of author’s economic rights

13 1 .—(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)

therefor 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 communicated by radio, television, cable or satellite or by other

technical means only if the person communicating the work has been granted prior

authorisation (licence) therefor 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) of this Section is planned to be

communicated by radio, television or cable 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) For the purposes of subsections (3) and (5), “place open to the public” means the

territory, building or room which is public or 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, cinema, club, discotheque, shop, mass caterer,

service enterprise, public means of transport, hotel, motel, etc.).

[09.12.1999]

Author’s right to remuneration

14.—(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.

[21.01.1999]

(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 Sections 76(3) and 77(3) of this Act

shall be taken account of.

[21.01.1999; 09.12.1999]

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

Section is reached.

[21.01.1999]

(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.

[21.01.1999]

(5) A violation of subsection (4) of this Section is deemed the use of a work without the

consent of the author or holder of the author’s rights.

[21.01.1999]

(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

broadcaster, commercial lessor or another person who uses the audiovisual work. An

agreement to waive the right to obtain equitable remuneration is void.

[09.12.1999]

(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.

[09.12.1999]

Remuneration for resale of works of visual art

15.—(1) Upon the resale of the original of a work of visual art at a public auction or via

a trade or art organisation, the author of the work has the right to receive 5 per cent of the

sales price.

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

full to the bank account of the collective management organisation representing authors by the

person who arranged the resale of the work, not later than on the tenth day as of the date of

sale.

[21.01.1999; 09.12.1999]

Copyright and right of ownership

16.—(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 material 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

Limitation to economic rights of authors

17. Notwithstanding Sections 13 to 15 of this Act, but provided that this does not

conflict with a normal exploitation of the work or 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 Sections

18 to 25 of this Act.

[09.12.1999]

Free private use of works

18.—(1) A lawfully published work of another person may be reproduced for private

use without the authorisation of its author and without payment of remuneration.

[09.12.1999]

(2) The following shall not be reproduced for private use without the authorisation of

the author and without payment of remuneration:

1. works of architecture such as buildings or other similar constructions;

2. works of visual art of limited edition;

3. electronic databases;

[09.12.1999]

4. computer programs, except in the cases prescribed in Sections 24 and 25 of this Act;

5. other works if the reproduction is contrary to the use of the work or prejudices the

legitimate interests of the author.

(3) Audiovisual works or sound recordings thereof may be in private use pursuant to

the procedure prescribed in Sections 26 and 27 of this Act.

(4) Subsection (1) of this Section does not apply to legal persons.

2. Use of Works without Authorisation of Author

and without Payment of Remuneration

Free reproduction of works for scientific, educational, informational,

judicial and administrative purposes

19. 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 title (name) of the work and the source publication:

1. making summaries of and quotations from works which have already been lawfully

made available to the public, provided that the idea of the work as a whole which is being

summarised or quoted is conveyed correctly, and their extent does not exceed that justified by

the purpose, including summaries of and quotations from newspaper articles and journals for

the purpose of providing an overview of the press;

2. the use of a lawfully published work or parts thereof 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;

[09.12.1999]

3. the reprographic reproduction of articles lawfully published in newspapers, journals

or other periodicals and of excerpts from published works for the sole purpose of teaching or

scientific research in educational and research institutions whose activities are not carried out

for commercial purposes;

[09.12.1999]

3 1 . the reproduction and distribution in the press of articles published in newspapers,

journals or other periodicals on current economic, political or religious topics, or the

communication of radio or television broadcasts of the same character to the public by radio,

television or cable, except if the author of the work or copyright holder has expressly retained

the right of such reproduction or communication;

[09.12.1999]

3 2 . for the purpose of reporting current events, the partial reproduction and making

available to the public of literary and artistic works seen or heard in the course of the event,

by means of photography, cinematography, radio, television or cable but in the form and to

the extent required by the purpose of reporting currents events;

[09.12.1999]

4. (repealed—21.01.1999)

5. (repealed—21.01.1999)

6. (repealed—21.01.1999)

7. for the purpose of communicating information regarding current events, the

reproduction of public speeches, addresses, sermons, speeches delivered in the course of legal

proceedings, and other oral works in the press, by means of cinematography, radio, television

or cable but to the extent required by the purpose of communicating such information. The

right of publication of collections of works performed in public specified in this clause

belongs to the author;

8. reproduction of a work for the purposes of a judicial or administrative procedure or

for the purposes of public security and to the extent justified by the purposes of a judicial or

administrative procedure or ensuring of public security;

[09.12.1999]

9. publication of works made available to the public in braille or another technical

manner for the blind, except works created especially for the blind to be reproduced in such

manners.

Reproduction of works by libraries, archives or museums [09.12.1999]

20.—(1) A work included in the funds or collection of a library, archives or museum

may be reproduced as a single copy without the authorisation of its author and without

payment of remuneration, in order to:

[09.12.1999]

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

or, in the likelihood of such danger, make a copy to ensure the preservation of the work.

There is a likelihood of danger if a work or a copy thereof is the single one in a library,

archives or a museum and the termination of its lending or display is contrary to the functions

under the articles of association of the library, archives or museum;

[09.12.1999]

2. replace a work or a copy thereof which belonged to the permanent collection of

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

(2) The reproduction of a work prescribed in subsection (1) of this Section is permitted

if the activities of the library, archives or museum concerned are not aimed at obtaining direct

or indirect economic advantage and acquisition of another copy of the work is impossible.

(3) Libraries, archives and museums have the right to reproduce works or parts thereof

which belong to their funds or collections on orders from natural persons for private use

(Section 18(1)).

[09.12.1999]

(4) Libraries, archives and museums have the right to reproduce works or parts thereof

which belong to their funds or collections on orders from a court or a State agency for the

purposes prescribed in Section 19.8 of this Act.

[09.12.1999]

(5) The activity prescribed in subsections (3) and (4) of this Section shall not be carried

out for commercial purposes.

[09.12.1999]

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

20 1 . It is permitted, without the authorisation of the author and without payment of

remuneration, 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 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.

[09.12.1999]

21. [Repealed—21.01.1999]

Free public performance of works

22. 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 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, care givers, etc.) who are directly

connected with the educational institution where the work is performed in public.

Use of ephemeral recordings of works by broadcasting organisations

23.—(1) A broadcasting organisation 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 broadcasting organisation is required to destroy recordings prescribed in

subsection (1) of this Section within 30 days as of the making thereof unless otherwise agreed

with the author of the work thus recorded.

[21.01.1999]

(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 broadcasting

organisation as works of solely documentary character. Works to be preserved in the archives

shall be decided on by the broadcasting organisation or, in the case of a dispute, by the State

Archivist.

[26.06.1996; 25.03.1998]

Free use of computer programs

24.—(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.

[21.01.1999]

(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 back­up 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.

[09.12.1999]

(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.

[09.12.1999]

(4) (Repealed—09.12.1999)

(5) Any contractual provisions which prejudice the exercise of the rights specified in

subsection (2) or (3) are void.

[09.12.1999]

Decompilation of computer programs

25.—(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;

[09.12.1999]

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.

[21.01.1999]

(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.

[09.12.1999]

Free use of database

25 1 . 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.

[09.12.1999]

3. Use of Works without Authorisation of Author

but with Payment of Remuneration

Private use of audiovisual works and sound recordings of works

26.—(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 (Section

27).

[09.12.1999]

(2) Subsection (1) of this Section does not apply to legal persons.

Remuneration for private use of audiovisual works

and sound recordings of works

27.—(1) To compensate authors as well as performers and producers of phonograms

for the use of works prescribed in Section 26, the manufacturers and importers of recording

devices for reproduction for private use (audio tape recorders, video tape recorders, etc.) and

blank (not containing a recording) audiovisual recording media (tapes, cassettes, etc.) shall

pay corresponding remuneration which shall be equitably distributed among authors,

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

(2) The procedure for the collection and payment of remuneration prescribed in

subsection (1) of this Section shall be established by the Government of the Republic.

[09.12.1999]

(3) The Minister of Culture shall annually determine the amount of the remuneration,

having previously obtained the approval of the manufacturers and importers provided for in

subsection (1) of this Section and the collective management organisations representing

authors.

[09.12.1999]

(3 1 ) The Minister of Culture shall approve the distribution of the remuneration provided

for in subsection (1) of this Section 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.

[09.12.1999]

(4) The remuneration prescribed in subsection (1) of this Section shall not be collected

on recording devices and blank (not containing a recording) audiovisual recording media

which are:

1. exported;

2. used for professional recording;

3. used for making recordings for the benefit of visually­impaired or hearing­impaired

persons;

4. exempt from remuneration pursuant to the procedure prescribed by law.

(5) The collective management organisation representing authors which is appointed as

the collector of the remuneration prescribed in subsection (1) of this Section has the right to

receive from customs and statistical authorities, manufacturing and importing organisations

all information necessary for the collection of the remuneration.

[09.12.1999]

Reprographic reproduction of works

27 1 .—(1) Authors and publishers are entitled to obtain equitable remuneration for the

reprographic reproduction (photocopying or reproduction by any other analogous method on

paper or on any other similar medium) of their works (Section 13(1)1). The amount of the

remuneration shall be determined on the basis of the volume of the work, the number of

copies made and the price of one sheet copied.

(2) The remuneration specified in subsection (1) of this Section shall be paid by

persons who make copies of literary, artistic and scientific works protected by this Act

(equipment operators).

(3) The procedure for the calculation, collection and distribution of the remuneration

prescribed in subsection (1) of this Section shall be established by the Government of the

Republic.

(4) The remuneration prescribed in subsection (1) of this Section shall be collected by a

collective management organisation designated by the Minister of Culture. The organisation

has the right to receive from equipment operators all information necessary for the collection

of remuneration.

[09.12.1999]

CHAPTER V

PERSONS TO WHOM COPYRIGHT SHALL BELONG

Author of work

28.—(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.

[09.12.1999]

(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.

[09.12.1999]

Presumption of authorship

29.—(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.

[21.01.1999]

(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.

Joint authorship and co­authorship

30.—(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

(co­authorship). 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 co­author of a work shall enjoy copyright in the part of the work with

independent meaning created by him or her and the co­author may use that part of the work

independently. Such use shall not prejudice the interests of other co­authors or contradict the

interests of joint use of the co­authors 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 co­authors 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 co­authorship.

(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.

Copyright in collective works

31.—(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.

Copyright in works created in execution of duties of employment [09.12.1999]

32.—(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.

[09.12.1999]

(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 has the right 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.

[09.12.1999]

(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.

[09.12.1999]

Copyright in audiovisual works

33.—(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 co­authors—

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.

[09.12.1999]

(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.

[21.01.1999]

(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.

Copyright of compilers

34.—(1) A person who creates a collection as a result of his or her creative activity by

selecting or arranging the material (compiler) shall enjoy copyright in this collection.

[09.12.1999]

(2) A compiler may independently arrange and transform results of intellectual activity

to which this Act does not apply (Section 5).

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

Section 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 material 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.

Copyright in derivative works

35.—(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.

[09.12.1999]

(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 (Section 5).

Rights of successors

36.—(1) Succession of copyright shall be intestate succession or testate succession

according to the general provisions of the law of succession.

(2) The economic rights of an author specified in Sections 13 to 15 of this Act shall

transfer to an intestate successor for the term of protection of copyright unless otherwise

prescribed by a will.

(3) Unless otherwise prescribed by an author during his or her lifetime, the following

moral rights shall transfer to his or her successor:

1. the right to 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);

2. the right to contest any misrepresentations of and changes and other inaccuracies in

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

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

protection of author’s honour and reputation);

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

the work).

(4) An author has the right to designate, pursuant to the same procedure as that

pursuant to which an executor of will is designated, a person to protect the inviolability of the

author’s work and the author’s honour and reputation after the author’s death. Such person

shall exercise his or her authority during his or her lifetime.

(5) Copyright transferred to the State by way of succession shall be exercised by the

Ministry of Culture.

[09.12.1999]

Copyright of legal successors of authors who are not successors

37. 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

Term of protection of copyright

38.—(1) The term of protection of copyright shall be the life of the author and 70 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 Sections 39 to 42 of this Act.

[09.12.1999]

(2) (Repealed—09.12.1999)

(2 1 ) Where the country of origin of a work, within the meaning of subsection (4) of

Article 5 of the Berne Convention for the Protection of 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).

[09.12.1999]

Term of protection of copyright in case of joint authorship

or co­authorship

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

result of their joint creative activity (Section 30) shall be the life of the last surviving author

and 70 years after his or her death.

[09.12.1999]

Term of protection of copyright in anonymous

or pseudonymous works

40. In the case of anonymous or pseudonymous works, the term of protection of

copyright shall run for 70 years after the work is lawfully made available to the public. If the

author of the work discloses his identity during the above­mentioned 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 Sections 38 and 39 apply.

[09.12.1999]

The term of protection of copyright in collective works, works created

in execution of duties, audiovisual works and serials [09.12.1999]

41.—(1) The term of protection of copyright in a collective work (Section 31) or work

created in the execution of duties (Section 32) shall run for 70 years after the work is lawfully

made available to the public.

[09.12.1999]

(1 1 ) The term of protection of copyright in an audiovisual work (Section 33) shall

expire 70 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).

[09.12.1999]

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

public 70 years after the creation thereof, the term of protection of copyright shall expire 70

years after the creation of the work.

[09.12.1999]

(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 70 years after

the time when the instalment is lawfully made available to the public.

[09.12.1999]

(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 Section 38(1) of this Act.

[09.12.1999]

42. [Repealed—09.12.1999]

Beginning of term of protection of copyright

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

following the year of the death of the author (Section 38(1) and Section 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 (Section 38(2); Sections 40, 41 and 42).

Protection of authorship of work, name of author, honour and reputation

of author and title of work without term

44.—(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.

Use of works after term of protection of copyright expires

45. Works whose term of protection of copyright has expired may be freely used by all

persons pursuant to the provisions of Section 44 of this Act and the Heritage Conservation

Act (RT I 1994, 24, 391; 1996, 49, 953; 86, 1538; 1997, 93, 1559).

[09.12.1999]

CHAPTER VII

USE OF WORKS

1. Fundamental Provisions

Use of works by other persons

46.—(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) The transfer of the author’s economic rights by him or her shall be formalised and

an authorisation to use a work shall be granted in writing except in the cases prescribed in

Section 49(2) of this Act.

(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.

Authorisation (licence) to use work

47.—(1) An authorisation (licence) to use a work is a possibility to perform acts within

the limits of the author’s rights.

[09.12.1999]

(2) Upon granting an authorisation, an author may retain similar rights as those granted

to another person for use and a possibility to grant similar rights to a third person (non­

exclusive licence) or waive the exercise of the transferred rights to the extent and under the

conditions specifically determined by contract (exclusive licence).

[09.12.1999]

(3) A person who is granted an authorisation to use a work may authorise a third person

to use the work (assignment of licence) only with the prior consent of the author (sublicence).

2. Author’s Contract

Definition of author’s contract

48.—(1) An author’s contract is an agreement for the use of a work between the author

or his or her legal successor and a person who wishes to use the work on the basis of which

the author or his or her legal successor transfers the author’s economic rights to the other

party or grants 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.

Form of author’s contract

49.—(1) An author’s contract shall be entered into in writing.

(2) The written form is not required upon the grant of a non­exclusive licence,

including contracts for publishing works in periodical publications or works of reference and

for one­time transmissions of oral works in radio and television.

[09.12.1999]

Standard author’s contract

50.—(1) Standard author’s contracts with regard to separate ways of using works may

be approved by an agreement between a collective management organisation representing

authors and organisations which unite users of works.

[09.12.1999]

(2) An author’s contract may include conditions which are not prescribed by this Act or

in a standard author’s contract. The conditions of a contract entered into with an author which

are unfavourable for the author compared to the conditions determined by this Act or a

standard author’s contract are void and shall be substituted by conditions determined by the

Act or a standard author’s contract.

Entry into author’s contract

51.—(1) An author’s contract is deemed entered into if an agreement in the format

prescribed in Section 49 of this Act regarding all the essential conditions of the contract is

reached between an author or his or her legal successor and a person who wishes to use a

work.

(2) Depending on the type of a work, the essential conditions of an author’s contract

are:

1. an exact description of the work being used (genre, volume and name of the work,

etc.);

2. the extent, purpose, manner and means of using the work;

3. the territory where the work is being used;

4. the term of the author’s contract and the term of commencement of use of the work;

5. the rights transferred;

6. the type of authorisation (non­exclusive licence, exclusive licence) and grant of

authority to reassign the authorisation (sublicence);

7. limitation on the use of the work with regard to third persons;

8. the amount of remuneration, the term of and procedure for payment thereof;

9. liability of the parties upon failure to comply with the conditions of the contract;

10. other terms and conditions with regard to which agreement should be reached at the

request of a party.

(3) An author’s contract may prescribe a contractual penalty, fine or a fine for delay for

failure to perform or for unsatisfactory performance of the contract.

Term of author’s contract

52. The term of an author’s contract shall be determined by an agreement between the

parties.

Term of commencement of use of work

53.—(1) According to an author’s contract, the person who wishes to use a work is

required to commence use of the work in the manner and within the term agreed upon in the

contract, except in the cases prescribed in Section 56(1) of this Act.

(2) The term of commencement of use of a work shall not exceed three years as of the

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

(3) Taking account of the volume of the work and nature of the use thereof, shorter

time­limits may be prescribed by a standard author’s contract than those prescribed in this

Section.

Restriction on use of work with regard to third persons

54. According to an author’s contract concerning the transfer of economic rights or

grant of an exclusive licence, an author or his or her legal successor has no right to authorise

third persons to use the work specified in the contract or a part thereof in the same manner as

agreed upon in the contract without the written consent of the other party unless otherwise

prescribed by the contract.

Payment of remuneration

55.—(1) The manner of payment (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

remuneration, the term of and procedure for payment thereof shall be determined in the

author’s contract by agreement of the parties.

(2) If minimum rates of remuneration are established by legislation of the Republic of

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

such minimum rates.

Author’s contract for creation of new work (commission contract)

56.—(1) According to an author’s contract for the creation of a new work, an author

undertakes to create the work under the conditions and within the term determined in the

contract and deliver the work to the person commissioning the work in the manner agreed

upon, and the person commissioning the work undertakes to pay remuneration to the author

and commence use of the work within the term determined in the contract unless otherwise

agreed with regard to use of the work.

(2) 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

and such consent shall be formalised as an amendment to the author’s contract.

(3) The person commissioning the work is required to review the work within the term

determined by the contract and notify the author in writing of approval of the work delivered

or rejection thereof on the grounds prescribed in the contract or of the need to make changes

to the work indicating the content of such changes which comply with the conditions of the

contract. If a written notification is not sent to the author within the term determined by the

contract, the work is deemed approved by the person commissioning the work.

(4) The amount of advance payment payable to the author out of the remuneration

prescribed by the contract, the terms of and procedure for the payment thereof shall be

determined in the author’s contract.

Rights transferred to users of works by virtue of contract

57.—(1) The right of ownership in the manuscript, draft, drawing, magnetic tape or

floppy disc of a work or other material 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 a commission contract shall transfer into

the ownership or possession of the person commissioning the work unless otherwise

determined 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 commercial lease contract, contract of loan for use, etc., 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 (Section 14(6)). The provisions of this subsection do

not apply to musical works.

[09.12.1999]

Liability of author or his or her legal successor

for breach of author’s contract

58.—(1) An author or his or her legal successor is required to return the remuneration

received under an author’s contract if the user of the work terminates the contract because:

1. the author or his or her successor failed to deliver the work within the term

determined by the contract;

2. the work created by the author in order to perform the contract fails to comply with

the conditions of the contract;

3. the author failed to make the changes, submitted to him or her, arising from the

contract within the term, pursuant to the procedure and to the extent agreed upon;

4. the author violated the requirement to perform the work personally;

5. the author or his or her legal successor violated the provisions of Section 54 of this

Act.

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

be collected under a court proceeding.

(3) If the user of a work fails to prove, in court, the fault of the author or his or her legal

successor upon failure to perform or upon unsatisfactory performance of the contract, the

author shall keep the remuneration received according to the contract.

Liability of user of works for breach of author’s contract

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

commence use of the work within the term determined by the author’s contract, the user of the

work is required to pay the author or his or her legal successor the remuneration agreed upon

in the contract in full.

(2) In the cases prescribed in subsection (1) of this Section, the author or his or her

legal successor has the right to withdraw from the contract and to request return of the work

or copies thereof delivered according to the contract.

(3) The user of a work is not required to pay the author or his or her legal successor that

part of the remuneration which is payable after the commencement of use of the work if the

user of the work proves that the user of the work could not use the work due to circumstances

depending on the author or his or her legal successor.

Compensation for damage

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

damage from the other party upon failure to perform or upon unsatisfactory performance of

the contract due to fault of the other party.

(2) The burden of proof of the fault of the other party and the extent of damage lies on

the party who files the claim for damages.

Author’s rights upon reorganisation or liquidation of organisation

61.—(1) If an organisation commissioning or using a work is reorganised, the

economic right transferred by an author or the authorisation to use the work shall transfer to

the legal successor of the organisation who shall be responsible for the performance of the

obligations arising from the author’s contract.

(2) If an organisation is liquidated or goes bankrupt, an author or his or her legal

successor has the right to obtain in full the remuneration agreed upon in the contract for a

work delivered to the organisation.

CHAPTER VIII

RIGHTS OF PERFORMERS, PRODUCERS OF PHONOGRAMS

AND BROADCASTING ORGANISATIONS

(RELATED RIGHTS) [09.12.1999]

Definition of related rights

62.—(1) A performer, producer of phonograms, broadcasting organisation, 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 shall enjoy the rights prescribed in this Chapter in the results created by him or

her (object of related rights).

[09.12.1999]

(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.

[09.12.1999]

(4) The distribution right prescribed in this Chapter is exhausted and the object of

related rights may be further distributed without the consent of the rightholder and without

payment of remuneration if the first sale of the object of related rights is made by the

rightholder or with his or her consent.

[09.12.1999]

(5) A performer, producer of phonograms, broadcasting organisation, 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.

[09.12.1999]

Validity of related rights

63.—(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

[09.12.1999]

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 organisation if:

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.

[09.12.1999]

(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.

Definition of performer

64. For the purposes of this Act, “performers” means actors, singers, musicians,

dancers or other persons or groups of persons who act, sing, declaim, play on an instrument or

in any other manner perform literary or artistic works or works of folklore or supervise other

persons upon the performance of works, and persons who perform in variety shows, circuses,

puppet theatres, etc.

Rights of performers

65. Performers shall enjoy moral and economic rights in the performance

(interpretation) of works.

Moral rights of performers [09.12.1999]

66. 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.

Economic rights of performers

67.—(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.

[09.12.1999]

(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 or television, including by satellite, except

in the cases where a recording of the performance is broadcast or the performance is

retransmitted with the permission of the broadcasting organisation which first broadcast the

performance;

[09.12.1999]

3. transmission of a performance to the public by whichever technical means outside

the location of the performance except in the cases where a recording of the performance is

broadcast or the performance is transmitted by means of radio or television;

[09.12.1999]

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 reproduction of the recording of a

performance;

[09.12.1999]

6. the distribution of recordings to the public;

[09.12.1999]

7. the rental or lending of the recording of a performance. The rental right shall

transfer to the producer of an audiovisual work (Section 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 (Section 68(4)).

[09.12.1999]

(3) A performer may authorise other persons, including a collective management

organisation representing authors, to grant permission for the performance of acts prescribed

in subsection (2) of this Section.

[09.12.1999]

(4) (Repealed—21.01.1999)

(5) The rights of an employer and performer upon the performance of works in

execution of the direct duties of the performer shall be determined by agreement of the

parties.

Authorisation to use performance

68.—(1) The authorisation of a performer to use a performance shall be granted in

writing or formalised by a contract.

(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, producer

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 organisation the right to record the performance or grant an

authorisation to broadcast the work to other organisations;

[09.12.1999]

2. an authorisation to broadcast the performance of a work on radio or television and to

fix the performance does not grant the broadcasting organisation the right to reproduce the

recording;

[09.12.1999]

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.

[09.12.1999]

(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 therefor, 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.

[09.12.1999]

Definition of producer of phonograms [09.12.1999]

69. For the purposes of this Act, “producer of phonograms (sound recordings)” means

the natural or legal person who first lawfully records the sounds of a performance or other

sounds.

[09.12.1999]

Rights of producers of phonograms

70.—(1) A producer of phonograms has the exclusive right to authorise or prohibit:

1. the direct or indirect, temporary or permanent reproduction of phonograms;

2. the importation of copies of phonograms;

3. the distribution of phonograms to the public;

4. the rental or lending of copies of phonograms.

[09.12.1999]

(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.

[09.12.1999]

Symbol of protection of phonogram

71. 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.

[09.12.1999]

Remuneration for use of phonogram

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

of such phonogram is used for broadcasting to the public by radio or television or by any

other technical means, the performer and the producer of phonograms are entitled to obtain

equitable remuneration for each such broadcasting from the user of the phonogram. Such

remuneration is payable to the producer of phonograms as a single payment.

[09.12.1999]

(2) The producer of phonograms shall pay one half of the remuneration prescribed in

subsection (1) of this Section to the performers of the works recorded on the phonogram

unless otherwise prescribed by an agreement between the performers and the producer of

phonograms.

[09.12.1999]

(3) The remuneration received from a producer of phonograms shall be divided

between the performers of works recorded on a phonogram or used jointly according to an

agreement between the performers.

[09.12.1999]

Rights of broadcasting organisations

73.—(1) Broadcasting organisations have the exclusive right to authorise or prohibit:

1. retransmission of their broadcasts;

2. recording of their broadcasts, whether those broadcasts are transmitted by radio or

television, including by cable or satellite;

3. direct or indirect, temporary or permanent reproduction of recordings of their

broadcasts under the conditions set out in clause 2 of this subsection;

4. communication to the public of their broadcasts if such communication is made in

places open to the public against payment of an entrance fee;

5. distribution of recordings of their broadcasts to the public.

[09.12.1999]

(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 organisation and a user.

(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 organisations.

[09.12.1999]

Rights of producers of first fixations of films

73 1 .—(1) Producers of first fixations of films have the exclusive right to authorise or

prohibit:

1. direct or indirect, temporary or permanent reproduction of the originals or copies of

their films;

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.

(2) For the purposes of this Section, “films” mean audiovisual works or moving images

whether or not accompanied by sound which are not works.

[09.12.1999]

Duration of related rights

74.—(1) The rights prescribed in this Chapter shall not expire before the end of a

period of 50 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 50 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 or lawfully communicated to the public

within this period, the rights of the producer of phonograms shall expire in 50 years as of the

date of such publication or communication to the public, whichever is the earliest;

3. for the broadcasting organisation, as of the first transmission of a broadcast,

regardless of whether the broadcast is transmitted by wire or over the air, including by cable

or satellite;

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 50 years as of the date of such

publication or communication to the public, whichever is the earliest.

[09.12.1999]

(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.

Related rights in previously unpublished works and critical

or scientific publications

74 1 .—(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 (Section 13),

within 25 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 (Section

13), within 30 years from the time when the publication was first published.

[09.12.1999]

Limitation to related rights

75.—(1) Without the authorisation of a performer, producer of phonograms,

broadcasting organisation, 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 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:

1. for private use, taking account of the provisions of Sections 26 and 27 of this Act;

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

3. if short excerpts are used in connection with the reporting of current events;

4. if short excerpts (quotations) are used for informational purposes and the obligation

to convey the meaning of the whole performance, phonogram or radio or TV broadcast

accurately is observed;

5. for an ephemeral recording of the performance, broadcast or phonogram by a

broadcasting organisation and for reproduction thereof by means of its own facilities and for

the purpose of its own broadcasts, provided that the broadcast organisation is entitled to

broadcast the performance, broadcast or phonogram. Such recordings and reproduction

thereof (copies) shall be destroyed after 30 days from their making, except for one copy

which may be preserved as an archive copy;

6. in other cases where the rights of authors of works are limited pursuant to Chapter

IV of this Act.

[09.12.1999]

(2) The free use prescribed in this Section is permitted only on the condition that the

legitimate interests of performers, producers of phonograms or broadcasting organisations are

not unreasonably prejudiced and such use does not conflict with the normal economic use of

their results.

[09.12.1999]

CHAPTER VIII 1

RIGHTS OF MAKERS OF DATABASES [09.12.1999]

Purpose of this Chapter

75 1 . 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.

[09.12.1999]

Definition of database

75 2 . For the purposes of this Chapter, “database” means a collection of works, data or

other materials 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.

[09.12.1999]

Maker of database

75 3 .—(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.

[09.12.1999]

Rights of makers of databases

75 4 .—(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. re­utilisation of the database or a substantial part thereof. “Re­utilisation” 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 on­line 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 subsection (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 re­utilisation 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.

[09.12.1999]

Rights and obligations of lawful users of databases

75 5 .—(1) A lawful user of a database which is made available to the public in whatever

manner has the right to make extractions and to re­utilise 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 materials

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.

[09.12.1999]

Limitation to rights of makers of databases

75 6 . 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 re­utilise a substantial part of the database in the case of:

1. extraction for private purposes of the contents of a non­electronic 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 non­commercial purpose to be

achieved;

3. extraction or re­utilisation 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.

[09.12.1999]

Term of protection of rights of makers of databases

75 7 .—(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 15

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 15 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 15 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).

[09.12.1999]

CHAPTER IX

COLLECTIVE EXERCISE OF RIGHTS [21.01.1999]

Organisations representing authors, performers, producers of phonograms,

broadcasting organisations and other rightholders

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

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

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

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

economic interests. Such collective management organisations are non­profit associations

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

1996, 42, 811; 1998, 96, 1515; 1999, 10, 155; 23, 355; 67, 658) with the exceptions

provided for in this Act.

[21.01.1999]

(2) Rights are represented collectively in the following fields:

1. public performance of musical and literary works;

2. communication of musical, literary and artistic works by radio, television, cable

network, satellite or by means of other technical devices;

[09.12.1999]

3. collection and distribution of remuneration for the resale of works of visual art;

4. collection of remuneration prescribed for the private use of audiovisual works and

sound recordings;

5. cable retransmission of radio and television broadcasts and programmes (including

works contained therein);

[09.12.1999]

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

reproduction of musical, literary or other artistic works;

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

7 1 . collection and payment of remuneration to authors and performers for the use

(including rental) of phonograms and audiovisual works;

[09.12.1999]

7 2 . the lending of phonograms, films and computer programs;

[09.12.1999]

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

[21.01.1999]

(3) The rights related to the fields specified in subsection (2)3 to 5 and 7 1 of this

Section are exercised only through collective management organisations. Such organisations

have the right to receive necessary oral or written truthful information from all persons in

public law and private law to the extent concerning the remuneration collected and distributed

for the use of works.

[21.01.1999; 09.12.1999]

(4) Broadcasting organisations may exercise rights related to the fields specified in

subsection (2)5 of this Section independently. Whether the rights are provided for the

broadcasting organisation by law or are transferred to the broadcasting organisation on the

basis of law or a contract is not relevant.

[09.12.1999]

Principles and methods of activities of collective

management organisations

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

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

their articles of association and membership contracts, including:

1. give their consent 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.

(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.

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

related rights under bilateral or multilateral agreements concluded with foreign collective

management organisations.

[21.01.1999]

Guarantees for members of collective management organisations

78. 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;

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.

[21.01.1999]

Management of rights related to cable retransmission

by collective management organisations

79.—(1) Holders of rights related to cable retransmission (Section 76(2)5), except

broadcasting organisations, may exercise the rights related to cable retransmission only

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

(2) If a holder of rights specified in subsection (1) of this Section, except a broadcasting

organisation, does not conclude a contract with a collective management organisation for the

management of the rightholder’s rights, the organisation representing holders of rights of the

same category is authorised to represent the rightholder. If there are several such collective

management organisations, the rightholder is free to choose which of the organisations is

authorised to manage the rightholder’s rights.

(3) Based on a contract between a cable operator and a collective management

organisation, a rightholder represented pursuant to subsection (2) of this Section has the same

rights and obligations as a rightholder who is represented by such 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 (2) of this Section may claim

the rightholder’s rights and performance of obligations corresponding to such rights, within

three years from the date of the retransmission which includes the object of the rightholder’s

rights specified in subsection (1) of this Section.

[09.12.1999]

Exercise of broadcasting rights by collective

management organisations

79 1 .—(1) The provisions of Section 79(2), (3) and (4) of this Act also apply to the

exercise by an author of the right to broadcast his or her work by satellite on the condition that

the communication to the public by a broadcasting organisation by satellite simulcasts a

terrestrial broadcast by the same broadcaster.

(2) A rightholder represented by a collective management organisation pursuant to the

procedure provided for in subsection (1) of this Section 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) Subsections (1) and (2) of this Section do not apply to audiovisual works.

[09.12.1999]

CHAPTER X

PROTECTION OF RIGHTS AND LIABILITY [21.01.1999]

General principles of liability

80.—(1) An infringement of copyright or related rights, or a violation of the rights of

makers of databases provided for in this Act or other copyright legislation, as well as a

violation of the requirements provided by copyright legislation shall result in civil, criminal or

administrative liability.

(2) The provisions concerning the protection of copyright and related rights apply to

the protection of the rights of makers of databases (Chapter VIII 1 ) unless otherwise provided

by law.

[09.12.1999]

Pirated copy

80 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.

[09.12.1999]

Protection of copyright and related rights under civil law

81.—(1) In the case of an infringement of copyright or related rights and a dispute

which arises in the implementation of this Act or other copyright legislation, either party or

both parties may have recourse to the courts for resolution of the dispute.

(2) In addition to the measures specified in Section 112 of the General Part of the Civil

Code Act (RT I 1994, 53, 889; 89, 1516; 1995, 26­28, 355; 49, 749; 87, 1540; 1996, 40,

773; 42, 811; 1998, 30, 409; 59, 941; 1999, 10, 155), infringed rights are protected under

civil law by:

1. ordering payment of damages for moral damage;

2. ordering delivery of assets acquired through infringement;

3. termination of a contract;

4. prohibition of infringing activities.

(3) If a claim filed by an entitled person or representative thereof pursuant to subsection

(2)2 of this Section is included in a criminal matter or matter regarding an administrative

offence arising from a violation of copyright legislation, then, upon the rendering of a

decision in the same matter ordering seizure of the assets acquired as a result of the criminal

offence or administrative offence, the same amount of money or an equivalent of the seized

assets in money shall be ordered to be paid or delivered to the entitled person by the same

decision.

(4) If, as a result of a violation of copyright legislation, a work is communicated to the

public, recorded, reproduced, distributed, imported or altered etc., an entitled person may

claim:

1. restoration of the work in the original form; or

2. alteration of copies of the work by specific means; or

3. destruction of pirated copies.

(5) The provisions of subsection (4)2 and 3 of this Section do not apply to works of

architecture.

(6) It is prohibited to transfer pirated copies to the author, holder of related rights or a

representative thereof.

[21.01.1999]

Protection of copyright and related rights under criminal law

82.—(1) If a natural person infringes copyright or related rights or violates

requirements provided by copyright legislation in the interests of a legal person, it is

permitted to hold both the natural person criminally liable and the legal person

administratively liable.

(2) The importation or exportation of pirated copies is deemed to be a violation of the

customs rules. The Customs Act (RT I 1998, 3, 54; 1999, 86, 782; 97, 859; 102, 907)

provides for the liability of legal persons for the importation or exportation of pirated copies.

(3) The provisions of Sections 83 and 84 of this Act and the Code of Administrative

Offences (RT 1992, 29, 396; 1999, 41, 496; 58, 608; 60, 616; 87, 792; 92, 825; 95, 843)

together with the specifications provided by this Act shall be taken as the basis in proceedings

regarding administrative offences committed by legal persons which are not specified in

subsection (2) of this Section.

(4) The Code of Enforcement Procedure (RT I 1993, 49, 693; 1997, 43/44, 723; 1998,

41/42, 625; 51, 756; 61, 981; 103, 1695; 1999, 18, 302; 27, 380; 95, 845) shall be taken as

the basis in the execution of a decision imposing a fine on a legal person which has

committed an administrative offence and of a decision rendered pursuant to the procedure

provided for in Section 81(3) of this Act.

[21.01.1999]

Administrative liability of legal persons

83.—(1) A fine in the amount of 20,000 kroons to 50,000 kroons is imposed for an

infringement of copyright or related rights by a legal person, or for a violation of requirements

provided by copyright legislation by a legal person, except in the cases specified in

subsections (2) to (6) of this Section.

[21.01.1999]

(2) A fine in the amount of 50,000 kroons to 100,000 kroons is imposed for trading in

pirated copies by a legal person.

[21.01.1999]

(3) A fine in the amount of 50,000 kroons to 150,000 kroons is imposed for the public

performance, public display or communication to the public of a work by a legal person if

pirated copies are used.

[21.01.1999; 09.12.1999]

(4) A fine in the amount of 150,000 kroons to 200,000 kroons is imposed for the

manufacture, acquisition, possession, use, carriage, sale or transfer by a legal person of any

technical device or equipment designed for the removal of protective measures against the

illegal reproduction of works or against the illegal reception of signals transmitted via satellite

or cable.

[21.01.1999; 09.12.1999]

(5) A fine in the amount of 7,500 kroons to 100,000 kroons for each illegally

reproduced (installed) program but not more than 500,000 kroons altogether is imposed for

the possession for commercial purposes or use of a computer program by a legal person if the

computer program is reproduced (installed) in a computer without the consent of the author or

holder of the author’s rights.

[09.12.1999]

(6) A fine in the amount of 250,000 kroons to 500,000 kroons is imposed for the

reproduction of a work or object of related rights by a legal person without the consent of the

author of the work, holder of copyright or holder of related rights.

[21.01.1999; 09.12.1999]

Proceedings in matters concerning administrative offences

of legal persons

84.—(1) In the case of an administrative offence committed by a legal person, the

following have the right to prepare a corresponding report:

1. officials of the Media Division of the Ministry of Culture: in the cases specified in

Sections 83(1) to (3) of this Act;

2. police officials.

[21.01.1999]

(2) A report shall set out the time and place of its preparation; the name and address of

the institution in whose name the report is prepared; the official title, given name and

surname of the official who prepared the report; the (business) name, registered office and

registry code of the offender; the official position, given name and surname of the competent

representative of the offender; the place, time and description of the offence; reference to the

corresponding subsection of Section 83 of this Act which prescribes liability for such

administrative offence; statement by the representative of the offender and other information

which is necessary for the correct adjudication of the matter.

[21.01.1999]

(3) Matters regarding administrative offences specified in Section 83 of this Act are

heard by administrative court judges.

[21.01.1999]

(4) In the hearing of matters regarding administrative offences specified in Section 83

of this Act, the following objects are subject to seizure:

1. the object used to commit the administrative offence, except in the cases specified in

Section 83(5) where the court may seize the computer system which is the object used to

commit an administrative offence;

[09.12.1999]

2. assets acquired as a result of the administrative offence;

3. technical devices or equipment designed for the removal of protective measures

against the illegal reproduction of works or against the illegal reception of signals transmitted

via satellite or cable;

[09.12.1999]

4. pirated copies.

[21.01.1999]

CHAPTER XI

IMPLEMENTATION OF ACT [21.01.1999]

Identification of pirated copies and prevention

of further circulation thereof

85.—(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 above­mentioned 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 seizure regardless of the imposition of penalties.

(3) Pirated copies are subject to seizure regardless of the fact to whom they belong.

(4) Illegal copies of objects of architecture are not subject to seizure.

(5) Seized pirated copies are destroyed.

(6) A person who obtains a pirated copy in good faith has the right to file an action in

court against the person who sold or transferred the pirated copy to that person.

[21.01.1999]

Further handling of seized computer system

86.—(1) A computer system which has been seized in a matter regarding an

administrative offence specified in Section 83 of this Act as the object used to commit the

offence shall be transferred to the Ministry of Culture free of charge.

(2) The Ministry of Culture 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.

[21.01.1999]

Copyright committee

87.—(1) A copyright committee (hereinafter the committee) shall be formed at the

Ministry of Culture 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 two

years. The committee shall:

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;

5. perform other functions assigned to the committee by the Government of the

Republic.

[09.12.1999]

(1 1 ) 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 Culture.

[09.12.1999]

(1 2 ) The committee shall resolve a dispute by a decision making specific proposals to

the parties therefor. The decision shall be delivered to both parties against their signature. If

no party files objections to the committee’s decision in writing within three months as of the

date following the date of receipt of the decision, it shall be presumed that they have accepted

the proposals made in the decision. If a party fails to notify that the party does not agree with

the decision within three months or notifies that the party agrees with the decision but in

either case has recourse to a court in the same dispute, the other party has the right to claim

compensation for economic and moral damage caused by the party.

[09.12.1999]

(2) If an interested person disagrees with a decision made by the committee in a dispute

specified in subsection (1) of this Section, the person has the right of recourse to the courts

concerning the same dispute.

[21.01.1999]

(3) The committee shall provide an overview of compliance of the level of protection

of copyright and related rights in Estonia with the international obligations assumed by

Estonia and the practice of implementation of copyright legislation to the Government of the

Republic twice a year and, if necessary, shall make proposals for the improvement of

activities in this field.

[09.12.1999]

(4) If necessary, the courts shall involve members of the committee as experts in civil,

criminal or administrative proceedings regarding violations of the requirements provided by

this Act or other copyright legislation.

[21.01.1999]

Negotiations and resolution of disputes in respect of rights managed

only by collective management organisations

87 1 .—(1) In the cases provided for in Section 76(2)3 to 5 and 7

1 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.

(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 mediator for the

resolution of the dispute. The copyright committee (Section 87) or one or several persons

who have been selected by the parties and whose independence and impartiality are beyond

reasonable doubt may act as mediators. If the parties do not have recourse to the copyright

committee, the provisions of Section 87(1 2 ) of this Act shall be applied to the decision of a

mediator.

[09.12.1999]

Protection of works and results of work of performers, producers of

phonograms or broadcasting organisations created

before entry into force of this Act [09.12.1999]

88.—(1) This Act also extends to works and results of the work of performers,

producers of phonograms or broadcasting organisations which are created before December

12, 1992.

[21.01.1999; 09.12.1999]

(2) The requirements established by this Act for the use of works and results of the

work of performers, producers of phonograms or broadcasting organisations do not extend to

cases where use occurred before December 12, 1992.

[21.01.1999; 09.12.1999]

(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 Culture (Section 44(1)). This provision also applies to

performers (Section 74(4)).

[21.01.1999]

Application of specific provisions of Act

88 1 .—(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 Trade­Related 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 74 1 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 Section 67(2)1 to 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 Section 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 Section 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 organisations which have

their headquarters in the territory of a contracting State of the World Trade Organisation.

[09.12.1999]

Implementing Acts [21.01.1999]

89.—(1) The Government of the Republic or, by its authorisation, the Minister of

Culture has the right to issue regulations for the implementation of copyrights provided for in

Sections 13 and 15 of this Act.

[21.01.1999]

(1 1 ) Section 13(6) and Section 27

1 of this Act enter into force on January 1, 2002.

[15.02.2000]

(2) The Government of the Republic has the right to establish requirements for

documenting the circulation of certain objects of related rights.

[21.01.1999]

CHAPTER XII

PROVISIONS WHICH ENTER INTO FORCE

UPON ACCESSION TO EUROPEAN UNION [09.12.1999]

Protection of databases

90.—(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 Section 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 Section 75 4 (2)2 of this Act to control resale of that copy within the

European Union.

(3) The provisions of Chapter VIII 1 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.

[09.12.1999]

Protection of computer programs

91. 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 Section 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.

[09.12.1999]

Terms of protection

92.—(1) Where the country of origin of a work, within the meaning of subsection (4)

of Article 5 of the Berne Convention for the Protection of Literary and Artistic Works, 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 Section 38(1).

(2) The terms of protection prescribed in Section 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 Section 74, unless otherwise prescribed by an

international agreement.

(3) The terms of protection provided for in Chapter VI, and Sections 74 and 75 7 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.

[09.12.1999]

Related rights

93.—(1) Section 74 1 and Chapter VIII

1 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 Culture

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.

[09.12.1999]

Rental right and lending right

94. 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.

[09.12.1999]

Communication to public by satellite

95.—(1) The act of communication to the public by satellite occurs solely in the

Member State where, under the control and responsibility of the broadcasting organisation,

the programme­carrying signals are introduced into an uninterrupted chain of communication

leading to the satellite and down towards the earth.

(2) If an act of communication to the public by satellite occurs in a non­Community

State which does not provide the level of protection provided for in this Act, then:

1. if the programme­carrying signals are transmitted to the satellite from an uplink

station situated in a Member State of the European Union, that act of communication to the

public 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 organisation established in a Member State has commissioned the act of

communication to the public by satellite, that act is deemed to have occurred in the Member

State in which the broadcasting organisation has its principal establishment in the Community

and the rights provided for in this Act shall be exercisable against the broadcasting

organisation.

[09.12.1999]

Cable retransmission

96. For the purposes of this Act, “cable retransmission” 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.

[09.12.1999]

Application of this Chapter to countries party to

European Free Trade Association (EFTA)

97. 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.

[09.12.1999]

Entry into force of this Chapter

98. The provisions of this Chapter enter into force by a separate Act.

[09.12.1999]

* Estonian title: Autoriõiguse seadus.

The Copyright Act of November 11, 1992 (Riigi Teataja [RT] (State Gazette), 1992, 49, 615) entered into force

on December 12, 1992.

It was amended by the following Acts:

Act of February 15, 2000, entered into force on February 22, 2000—RT I 2000, 13, 94;

Act of December 9, 1999, entered into force on January 6, 2000—RT I 1999, 97, 859;

Act of February 22, 1999, entered into force on April 1, 1999—RT I 1999, 29, 398;

Act of January 21, 1999, entered into force on February 15, 1999—RT I 1999, 10, 156;

Act of March 25, 1998, entered into force on May 1, 1998—RT I 1998, 36/37, 552;

Act of June 26, 1996, entered into force on July 26, 1996—RT I 1996, 49, 953.

The dates the amending Acts were passed are given in square brackets after each amendment.

Entry into force (of last amending Act): February 22, 2000, with the exception of Sections 13(6) and 271 which

enter into force on January 1, 2002 (see Section 89(11)).

Source: English translation communicated by the Estonian authorities.

** Added by the International Bureau of WIPO.