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[Repealed—09.12.1999] ............................................... 101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