WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/EST/C/1
6 September 2000
(00-3481)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
ESTONIA
The present document reproduces the text1 of the Copyright Act, as notified by Estonia under
Article 63.2 of the Agreement (see document IP/N/1/EST/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ESTONIE
Le présent document contient le texte
1 de la Loi sur le droit d'auteur, notifiée par l'Estonie au
titre de l'article 63:2 de l'Accord (voir le document IP/N/1/EST/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
ESTONIA
En el presente documento se reproduce el texto
1 de la Ley de Derechos de Autor, notificado
por Estonia en virtud del párrafo 2 del artículo  63 del Acuerdo (véase el documento IP/N/1/EST/1).
                                                     
1 In English only. The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/EST/C/1
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Amended:
21.01.199925.03.1998
26.06.1996 (RT I 1996, 49, 953)
COPYRIGHT ACT
Adopted on  11  November  1992
Chapter I
GENERAL  PROVISIONS
Section 1   Purpose and Ob jectives of Copyright Law
 (1) The purpose of Copyright Law is to guarantee the continuous development of culture and the protection of
cultural achievements, as well as to create conditions favourable to authors, performers of works, producers of
phonograms and radio and television organisations for creation and the use of works.(2) The Copyright Law shall establish:1) the protection of the specific right (copyright) of the author of literary, artistic and scientific works to theresults of their creative activities;2) the circle of persons who may acquire rights in literary, artistic and scientific works, created by authors, and
their rights;
3) the rights of performers, producers of phonograms and radio and television organizations (rightsneighbouring on copyright);4) the limitations on the exercise of copyright and of neighbouring rights in the use of works for the benefit ofthe society;5) the guarantees for the exercise of copyright and neighbouring rights and the protection thereof.
(3) This Act takes account of the Council Directive of 19 November 1992 on rental right and lending right and
on certain copyright related rights in the field of intellectual property (92/100/EEC) (OJ L 346 27.11.92) andCouncil Directive of 27 September 1993 on the co-ordination of certain rules concerning copyright andcopyright related rights applicable to satellite broa dcasting and cable retransmission (93/83/EEC) (OJ L 248
06.10.93).
(21.01.1999)
Section 2   Copyright Acts
 (1) Copyright acts of the Republic of Estonia consist of this Law, other laws which are developed on the basis
of this Law and other normative acts of the Government, the Ministries and State Boards of the Republic.(2) In case of conflict of the copyright act with an international treaty adhered to by the Republic of Estonia, the
provisions of the international treaty shall apply.
Section 3   Field of Application of Copyright Law
(1) Copyright Law shall apply to works:
1) the author of which is a national of or has  his permanent residence in the Republic of Estonia;2) first published in the territory of the Republic of Estonia or not published, but located in the territory of the
Republic of Estonia, irrespective of the nationality or the permanent residence of the creator of the work;
3) which require protection in the Republic of  Estonia by virtue of international treaties to which the Republicof Estonia is a party.(2) The Copyright Law shall also apply to works first published in another country or to works which areunpublished, but located in the territory of another country, the author of which is a person who has his
permanent residence or location in the territory of another country, and to which shall not apply Subparagraph 3
of Paragraph 1 of this Section, provided the other country guarantees similar protection to works of authors ofthe Republic of Estonia and to works first published in the Republic of Estonia.(3) A work is presumed to be protected by copyright except if, based on this Act or other copyright legislation,there are apparent circumstances which preclude this. The burden of proof lies on the person who contests theprotection of a work by copyright. (21.01.1999)IP/N/1/EST/C/1
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Chapter II
WORKS  PROTECTED  BY  COPYRIGHT
Section 4   Works in Which Copyright Subsists
(1) Copyright subsists in literary, artistic and scientific works.
(2) "Works" for the purposes of this Law mean any original results of a person's creative activities in theliterary, artistic or scientific domain, which have been expressed in an objective form and in this form can be
perceived and reproduced either direct ly or by means of a technical device.
(3) Works in which copyright subsists are:1) written works in the field of fiction, non-fiction, politics, education, etc.;2) scientific works and works of popular science, either written or three-dimensional (monographs, articles,reports on scientific research, plans, schemes, patterns, models, tests etc.);3) computer programs, which shall be protected  as written works;
4) speeches, lectures, reports, sermons and other works consisting of words, which are expressed orally (oral
works);5) scenarios and sketches for scenarios, librettos;6) dramatic and dramatico-musical works;7) musical compositions with and without text;8) choreographic works and pantomimes;
9) audiovisual works (films for display at the  cinema and on television, video films and programmes, television
broadcasts);10) radio works;11) works of painting, graphic arts, typography, drawings, illustrations;12) stage productions and works of theatre design;13) works of sculpture;
14) architectural graphics (drawings, sketches, schemes, figures, plans, projects etc.), explanatory letters, texts,
programmes, interpreting the contents of the project, work s of architectural plastic (models, patterns etc.), works
of architecture and landscape design (buildings, structures , parks, green areas etc.), town layout assemblies and
complexes;15) works of applied art;
16) works of design and fashion design;
17) photographic works and works expressed by a process analogous to photography, slides and slide films;18) cartographic works (topographical, geographical, geological etc. maps, atlases, models);19) drafts of normative acts;20) opinions, reviews, expert opinions etc.;21) derivative works, i.e. translations, adaptations of an original work, modifications (arrangements) of a work
and other transformations of a work;
22) collections of works and collections of information (including databases);23) other works.(4) The author shall enjoy copyright also in the results of intermediate stages of the creation of his work(sketches, drafts, plans, drawings, chapters etc.), pr ovided these meet the conditions of Paragraph 2 of this
Section.
(5) The original title (heading) of the work shall enjoy protection on the same basis as the work.
(21.10.1999;22.02.1999)
Section 5   Results of Intellectual Activi ties to Which This   Law Shall Not Apply
This Law shall not apply to:
1) ideas, images, notions, theories, processes, systems, methods, conceptions, principles, discoveries, inventions
and other such results of intellectual creation, described, explained or otherwise expressed in a work;2) expressions of folklore;3) normative acts and administrative documents (laws, decrees, regulations, statutes, instructions, orders) as wellas official translations thereof;4) court decisions and official translations thereof;
5) the official symbols of the State and symbols of organizations (flags, coats of arms, orders, medals, badges
etc.) and banknotes;6) news of the day;7) mere facts and data.IP/N/1/EST/C/1
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Section 6   Subsistence of Copyrigh t Irrespective of Purpos e, Value, Manner of Expression and Method of
Fixation of Works
The purpose, value, specific manner of expression or method of fixation shall not provide the basis for denial of
copyright.
Section 7   Commencement of Copyright Protection
(1) Copyright in a work shall commence upon the creation of the work.
(2) The creation of a work means the moment of fixing the work in an objective form which permits it to beperceived and reproduced.(3) Registration or deposit of the work or the  fulfilment of other formalities shall not be required in order toenjoy and exercise copyright.
Section 8   Copyright in Works Not Made Available to the Public and Works Made Available to the
Public
Copyright shall subsist in works not made available to the public as well as works made available to the public
(published, performed in public, exhibited to the public and broadcast to the public). The public means anindeterminate circle of persons outside the family and close social acquaintances.
Section 9   Published Works
(1) A work is considered to be published if a work or copies of the work, reproduced in any form, have been
made available to the public, with the consent of the author, to an extent which allows the public to becomefamiliar with it or to acquire it. Publishing a work includes printing the work, putting copies of the work on sale,distribution, lending, renting and other ways of allowing the work to be used, either free of charge or for
compensation.
(1
1) For the purposes of this Act, "rental of a work or copies thereof" means making the work or copies thereof
available for use, for a limited period of time and for direct or indirect economic advantage.
(12) For the purposes of this Act, "lending of a work or copies thereof" means making the work or copies thereof
available for use, for a limited period of time and not fo r direct or indirect economic advantage, when this is
made through establishments wh ich are accessible to the public.
(2) The work is considered to be published if it is stored in a computer system available to the public.(3) The performance of a dramatic, a musical dramatic or a musical work, the demonstration of an audiovisualwork, the public recitation of a literary work, the broadcasting of a literary or artistic work on radio andtelevision or the communication of a work to the public by cable shall not constitute publication, except forcases referred to in Paragraph 2 of this Section.
(21.01.1999)
Section 10   Works Performed in Public, Exhibited to the Public and Communicated to the Public
(1) A work shall be considered performed if it  has been  recited, played, danced, acted or executed in any other
manner either directly or by means of a technical device or process.(2) A work shall be considered exhibited if a work or a copy of the work has been demonstrated either directly
or by means of a film, a slide, television or any other technical device or process.
(3) A work shall be considered communicat ed to the public if it has been made available to the public by means
of radio broadcasting, television, cable network or any other means, apart from distribution of copies of thework.(4) Public performance, public display or communication to the public of a work shall include:
1) making the work available to the public at a place open to the public or at a place not open to the public but
where a large number of persons outside the family and close social acquaintances is present;2) communication to the public of a work or retransmission of a work by means of any technical device orprocess, irrespective of whether it has been actually perceived by the public.(21.10.1999)
Section 10
1  Pirated copy
(1) For the purposes of this Act, "pirated copy" means a copy, in any form and whether or not with a
corresponding packaging, of a work or object of copyright related rights which is reproduced without theconsent of the author of the work, holder of copyright or holder of copyright related rights.IP/N/1/EST/C/1
Page 5
(2) A copy of a work or object of copyright related rights which has been reproduced in a foreign country with
the consent of the author of the work, holder of copyright or holder of copyright related rights but is importedinto Estonia without the consent of the author of the work, holder of copyright or holder of copyright related
rights is also deemed to be a pirated copy.
(21.10.1999)
Chapter III
RIGHTS  ARISING  UPON  CREATION  OF  A  WORK
Section 11   Contents of Copyrigh
(1) Upon creation of a work the author of the work shall enjoy copyright in it. The contents of copyright shall
include moral rights and economic rights.(2) The author's moral rights shall be insepar able from the author's person and shall not be transferable duringthe author's lifetime.
(3) The author's economic rights shall be tran sferable either as separate rights or as a collection of rights,
against or without compensation.(4) Limitation of the author's moral and econo mic rights may occur only in cases prescribed by this Law.
Section 12   Moral Rights
(1) The author of a work shall enjoy the right:
1) to maintain publicly that he is the creator of the work and to claim recognition of the creation of the work by
attaching the authorship to his person and name in connection with any use of the work (right to authorship);2) to decide in which manner the author's name  shall be  indicated on the use of his work - either by the author's
citizen name, by an author mark, by a borrowed name (pseudonym) or without the indication of the name(anonymously) (right to the author's name);3) to make or to authorize other persons to make any modifications in his work, in its title (designation) or in the
indication of the author's name, as well as to object to modifications made without the author's consent (right of
inviolability of the work);4) to permit works of other authors (illustrations, prefaces, postscripts, commentaries, explanations, new partsetc.) to be added to his work (right to additions to the work);5) to object to any distortions and other inaccuracies in the work itself, in the title thereof or in the indication of
the author's name or to malrepresentation of the author and his work which would be prejudicial to his honour
and reputation (right to the protection of the author's honour and reputation);6) to determine when the work is ready to be presented to the public (right to make the work available to thepublic);7) to revise and amend a work already presented to the public (right to revise a work);8) to claim the termination of the use of the work (right to withdraw the work);
9) to demand the removal of the author's name from the work currently in use.
(2) Exercising the rights fixed under Subparagraphs 7, 8 and 9 of Paragraph 1 of this Section shall occur at theexpense of the author and the author shall be obliged to  compensate for the damages incurred by the person who
has been using the work.
Section 13   Economic Rights
(1) The author shall enjoy the exclusive right to use his work in any manner, to authorize  and prohibit the use of
the work by other persons in the same manner, and to profit from such use of his work, except for casesprescribed by Chapter IV of this Law. The author's rights shall include the rights:1) to reproduce his work (right of reproduction of the work). "Reproduction" means making either one orseveral copies of a work or a part of a work in any material form;
2) to distribute his work and copies thereof to the public either by sale or by other transfer of the ownership right
by means of lending, renting or other authorization of the use of the work (right of distribution). On sale or otherform of transfer of ownership of the original or copies of the work, the said right shall be considered exhausted,except in the cases specified in Paragraph 2 of this Section;3) to import copies of the work published abroad for the purpose of their public distribution (sale, lending, rentaland other uses);
4) to translate his work (right of translation);
5) to make adaptations, arrangements and other transformations of his work (right of adaptation of the work);6) to compile and publish collections of his works and to systematize his works (right to collections of works);IP/N/1/EST/C/1
Page 6
7) to perform the work in public either by means of a live or a technically mediated performance (right of public
performance);8) to display the work to the public (right of display). "Displaying a work" means showing the work or a copy
thereof either directly or by means of a film, slide,  television or any other technical device or process;
9) to communicate his work to the public on radio, by television, cable, satellite and by means of other technicaldevices (right of communication);10) to execute his architectural project in a manner stipulated by the laws;11) to execute a project of his work of design, applied art etc.
(2) The author of an audiovisual work, a work included in a phonogram, a computer program, a work which can
be used by means of a computer or any other technical device shall enjoy theright to authorize the rental or any other public use of his work.(21.01.1999)
Section 14   Author's Right to Remuneration
(1) An author has the right to obtain remuneration (author's remuneration) for the use of his or her work by other
persons except in the cases prescribed by this Act.(2) The amount of the author's remuneration, including rental fees, and the procedure for collection and payment
thereof are determined by an agreement (contract) between the author and a user of the work or, by theauthorisation of the author, by an agreement between an organisation representing authors or any other personand a user of the work, in which case the specifications provided for in subsections 76 (3) and 77 (3) of this Act
are taken account of.
(3) It is prohibited to use a work before an agreement sp ecified in subsection (2) of this section is not reached.
(4) If the parties agree on the remuneration but the obligated party fails to perform the party's obligation in partor in full by the due date, the obligated party must stop using the work unless otherwise agreed with the entitledparty.(5) A violation of subsection (4) of this section is deemed to be use of a work without the consent of the author
or holder of copyright.
(21.01.1999)
Section 15   Remuneration for Resale of Works of Fine Art
(1) On resale of the original of a work of fine art on a public sale (auction), by a trade or art organization, the
author shall enjoy the right to 5 per cent of the sum total of the sale thereof.
(2) The remuneration specified in subsection (1) of this section shall be transferred in full to the account of anorganisation representing authors by the person who arranged for the resale of the work, not later than on thetenth day after the date of sale.(21.01.1999)
Section 16   Copyright and Ownership Right
(1) Copyright in a work shall be enjoyed by the author or his heirs, irrespective of who enjoys the ownership
right in the material object wherein the work has been expressed. The method of exercising economic rights by
the author or his heir shall be established in an agreement between the author or his heir and the owner.(2) In order to make a copy of his work, the author of a work of fine art shall enjoy the right to demand access tothe original of his work owned by another person or which is in his possession by title.
(3) With the consent of the owner, the author may amend, complement or by another method transform his work
of fine art, works of architecture, applied art, design etc.
Chapter IV
LIMITATIONS OF THE ECONOMIC RIGHTS OF THE AUTHOR
(FREE USE OF WORKS)
1.  BASIC PROVISIONS
Section 17   Limitations on Author's Economic Rights
As an exception to Section 13 of this Law, but on condition that the use of the work does not occur for economic
advantage and the legitimate interests of the author are not prejudiced, the use of a work without the author'sIP/N/1/EST/C/1
Page 7
consent and without payment of remuneration shall be permitted only in cases directly prescribed by Sections 18
to 25 of this Law.(21.01.1999)
Section 18   Free Use of Works for Private Purposes
(1) Without the author's consent and without payment of remuneration it shall be permitted to reproduce a
lawfully published work for private purposes (for purposes of scientific research, learning, etc.).(2) Without the author's consent and without payment of remuneration it shall not be permitted to reproduce for
private purposes:
1) works of architecture in the form of buildings and other similar structures;2) works of fine art of restricted edition;3) databases;4) computer programs, except for cases prescribed by Sections 24 and 25 of this Law;5) other works, in cases where such reproduction would conflict with the exploitation thereof or would prejudice
the legitimate interests of the author.
(3) It shall be permitted to use an audiovisual work or a sound recording of the work for private purposes inaccordance with the provisions of Sections 26 and 27 of this Law.(4) Paragraph 1 of this Section shall not extend to legal entities.
2. USE OF WORKS WITHOUT AUTHOR 'S CONSENT AND WITHOUT PAYMENT OF
REMUNERATION
Section 19   Free Reproduction of  Works for Scientific, Educatio nal,  Informatory, Legal and
Administrative Purposes
Without the author's consent and without payment of remuneration, but subject to the obligation to indicate the
name of the author of the work, if it appears in the work, the title (designation) of the work and the source in
which the work has been published, it shall be permitted:
1) to abstract or quote lawfully published works in another work to a reasonable extent and under the obligationto communicate accurately the meaning of the work abstr acted or quoted as a whole, including abstracting and
quoting articles of newspapers and periodicals in order to present a report of the press;2) to use a lawfully published work or parts thereof by way of illustration in publications, radio and television
broadcasts, sound and video recordings for teaching purposes to the extent justified by the purposes;
3) to reproduce articles published in newspapers, journals or other periodicals and extracts from publishedworks by reprographic means exclusively for purposes of teaching and scientific research in educational andresearch institutions the activities of which do not serve direct or indirect commercial gains;
4) repealed (21.01.1999)
5) repealed (21.01.1999)
6) repealed 21.01.1999)
7) to reproduce in the press, in the cinema, by radio, television or cable public speeches, lectures, sermons,speeches delivered during legal proceedings and other oral works for the purpose of communicating current
information, to the extent justified by the necessity of communicating such information. The right to publishcollections of publicly performed works referred to in this paragraph shall belong to the author;8) to reproduce a work in the course of legal or administ rative proceedings, to the extent justified by the purpose
of the administration of legal and administrative functions;
9) to issue works, which have been made available to the public, in braille or by other technical devices for theblind, except for works which have been specially cr eated to be reproduced by such means for the blind.
Section 20   Free Reproduction of Work s by Libraries,Archives and Museums
(1) It shall be permitted, without the author's consent and without payment of remuneration, to reproduce single
copies of a work, stored in the permanent collection of the library, archive or museum in order to:1) replace a work or a copy thereof which has been lost, destroyed or rendered unusable or, in case of impendingdanger, make a copy to guarantee its preservation;2) replace, in the permanent collection of another library , archive or museum, a work or a copy thereof which
has been lost, destroyed or rendered unusable.
(2) The reproduction of a work prescribed by Paragraph 1 of this Section shall be permitted, provided the
activities of the given library, archive or museum do not serve direct or indirect commercial gain and it isimpossible to obtain a new copy of the work.IP/N/1/EST/C/1
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Section 21   repealed (21.01.1999)
Section 22   Free Public Performance of Works
It shall be permitted, without the author's consent and without payment of remuneration but subject to the
obligation to indicate the name of the author of the work and the title thereof if it appears therein, to perform inpublic a work at educational institutions, in the course of the educational activities of the institution by the staffand students thereof and provided that the audience is composed of the staff and students or other personsdirectly connected with the educatio nal institution where the public performance takes place (parents, guardians,
tutors etc.).
Section 23   Use of Ephemeral Recordings by Radio and Television Organizations
(1) A radio and television organization shall be permitted, without the author's consent and without payment of
separate remuneration, to make an ephemeral recording of a work which ithas the right to broadcast, provided the recording is made by the facilities of the radio and television
organization and for use in its own broadcasts.
(2) The radio and television organization shall be obliged  to destroy a recording prescribed by Paragraph 1 of
this Section within thirty days from its making, unless otherwise agreed on with the author of the work thusrecorded.(3) An ephemeral recording prescribed by this Section shall not be subject to destruction in case it is of greatcultural value. In such a case the recording shall be preserved in the archive of the radio and television
organization as a work of exceptional documentary character, without the author's consent having been
obtained. The decision on works subject to preservation shall be taken by the radio and television organization,or, in case of dispute, by the State Archivist.(25.03.1998; 21.01.1999)
Section 24   Free Use of Computer Programs
(1) Unless otherwise provided in contract the lawful user  of a computer program shall enjoy the right, without
the consent of the author of the program and without payment of separate remuneration, to reproduce, translate,adapt and otherwise transform the program and repr oduce the acquired results, provided it is necessary:
1) in order to use the program for purposes, for the machine or machines and to the extent for which it wasacquired;
2) in order to correct errors in the program.
(2) The lawful user of a computer program shall enjoy the right, without the consent of the author of theprogram and without the payment of separate remuneration, to make archive copies of the program, providedthey are used only for replacing the program which has been lost, destroyed or rendered unusable.(3) The lawful user of a computer program shall enjoy the right, without the consent of the author of theprogram and without the payment of separate remuneration, to study the functioning of the program in order to
determine the ideas and principles which underlie any elem ent of the program, provided that the author's rights
are not violated.(4) A person who has lost the legal basis for the use of the program shall be obliged to destroy the programreferred to in Paragraphs 1 and 2 of this Section, a copy or transformation thereof.(21.01.1999)
Section 25   Free Decompilation of Computer Programs
(1) The lawful user of a computer program shall enjoy the right, without the consent of the author and without
payment of separate remuneration, to reproduce the program and make translations thereof, if it is indispensablein order to obtain the information necessary for guaranteeing the interoperability of the original program withother programs, provided the following conditions are met:
1) this is performed by the lawful user of the program or by another person authorized by the author;
2) the information guaranteeing the interoperability of programs has not been previously accessible for personsreferred to in Subparagraph 1 of this Paragraph;3) these acts are confined to the parts of the original program, necessary for guaranteeing the interoperability.(2) It shall not be permitted to use the information obtained by acts prescribed by Paragraph 1 of this Section:1) for goals other than guaranteeing the interoperability of the independently created program;IP/N/1/EST/C/1
Page 9
2) to be communicated to a third party unless it is necessary to guarantee the interoperability of the
independently created program;3) to develop, manufacture, realize a program of similar nature or to commit other acts violating the copyright of
the author of the original program.
(21.01.1999)
3.  USE  OF  WORKS  WITHOUT  THE  AUTHOR'S  CONSENT BUT  AGAINST  PAYMENT  OF
REMUNERATION
Section 26   Use of Audiovisual Works and Sound Recordings of Works for Private Purposes
(1) It shall be permitted, without the author's consent to reproduce an audiovisual work or a sound recording of a
work for personal use (for purposes of scientific resear ch, learning, etc.). The author, as well as the performer of
a work and the producer of a phonogram shall have the right to get equitable remuneration for such use of worksor phonograms (Section 27).
(2) Paragraph 1 of this Section shall not extend to legal entities.
Section 27   Remuneration for Use of Audiovisual Works and Sound Recordings of Works for Private
Purposes
(1) In order to compensate authors, as well as performers and producers of phonograms, for the use of the
works, prescribed by Section 26, appropriate remuneration shall be paid by producers and importers of technical
devices for private production (sound recorders, video recorders etc.) and devices (tapes, cassettes etc.) for
sound and video recordings without recordings (blank tapes), which shall be distributed equitably between theauthors, performers of works and producers of phonograms, proceeding from the use of works and phonograms.(2) The order of payment of the remuneration, prescribed by Paragraph 1 of this Section shall be established bythe Government of the Republic.(3) The Ministry of Culture shall annually establish the amount of remuneration, having previously coordinated
it with organizations, representing producers and importers of technical devices for recording and devices for
sound and video recordings.(26.06.1996)(4) Remuneration prescribed by Paragraph 1 of this Sec tion shall not be collected from technical devices for
recording and devices for sound and video recordi ngs, which are without recordings (blank tapes):
1) that have been exported;
2) that are used for professional recording;3) that are used for making recordings for people with impaired eyesight or hearing;4) that have been exempted from the remuneration requirement as stipulated by the laws.(5) The organization representing authors, which has b een designated the collector of remuneration prescribed
by Paragraph 1 of this Section shall have the right to obtain from customs and statistics organs as well as from
organizations (enterprises) of production and import all data required for collecting the remuneration.
Chapter V
OWNERS  OF  COPYRIGHT
Section 28   Author of a Work
(1) The author shall be the first owner of the moral rights and the economic rights in his work, unless otherwise
provided in this Law as regards the economic rights of the author.(2) The author of a work is the physical person who has, or the physical persons who have, created the work.(3) A legal entity can be the owner of copyright of a work only in cases prescribed by this Law.
Section 29   Presumption of Authorship
(1) In the absence of proof to the contrary the person who publishes a work under his name, his generally known
pseudonym or author mark shall be presumed to be the author of the work. The obligation of proof shall lie withthe person objecting to the authorship.(2) The author of a work which is communicated to the public anonymously or under a pseudonym or author's
mark shall enjoy copyright in the work. Until the moment when the author reveals his or her real name and
proves his or her authorship, the economic rights of the author are exercised by the person who lawfullypublished the work.IP/N/1/EST/C/1
Page 10
 (3) The person representing the author in cases prescribed  by Paragraph 2 of this Section shall retain the rights
acquired while representing the author, unless otherwise provided in the agreement between him and the author.
(21.01.1999)
Section 30   Joint Authorship
(1) Copyright in a work created by two or more persons through their joint creative activities shall be enjoyed by
the authors jointly.(2) A work created by joint creation may constitute a single  indivisible whole or consist of parts, each of which
is independent. A part of a work is considered to be independent if it can be used separately from the other parts
of the work.(3) Each co-author shall enjoy copyright in the part of the work, having an autonomous meaning, which hasbeen created by him and he may use the part of the work independently. However, such use must not beprejudicial to the interests of the co-authors of the work in their joint use of the work.(4) Relationships between joint authors in exercise of copyright, including dividing the remuneration, shall be
determined by an agreement between them. In the absence of such an agreement copyright in the work shall be
exercised  jointly by the authors and the remuneration shall be divided equally between them.(5) Any of the joint authors may litigate or take other measures to protect the work of joint authorship and toterminate violations of copyright.(6) Consulting the authors, fulfilling the functions of managing, revising the work, drawing graphs, schemes andthe like as well as providing other technical assistance to  the authors shall not be considered as basis for joint
authorship.
(7) In creating a work under employment contract in the course of employment the preliminary consent of theperson shall be required to include him in the group of authors when this group is formed. A well-groundedrefusal to participate in the work of a group of authors shall not be considered to be a violation of the conditionsof employment.
Section 31   Copyrigh t in Collective Works
(1) "Collective work" is a work consisting of contributions by different authors which have been merged into an
integral whole by a physical person or legal entity on his or its initiative and under his or its direction and whichhas been made public under the name of the physical person or the legal entity (works of reference, scientificcollections, newspapers, journals and other periodicals etc.).
(2) Copyright in a collective work shall be enjoyed by the person on the initiative and under the direction of
whom such work was created and under the name of whom it was made availableto the public, unless provided otherwise in contract.(3) The authors of works (contributions) included in a collective work shall enjoy copyright in their works and
may use their works independently, unless provided otherw ise in contract. The authors of contributions shall not
be considered to be joint authors.
Section 32   Copyright in Work s Created under Employment Contract
(1) The author of a work created under employment contract in the course of employment shall enjoy copyright
in the work, however, the author's economic rights in the use of the work for the purposes determined by and ascovered by the responsibilities of employment shall be transferred to the employer, unless provided otherwise incontract.
(2) The author may independently use his work created in  the course of employment for purposes prescribed by
the employment only with the preliminary consent of the employer, indicating the employer's name ordesignation. In such a case the author shall enjoy the right to remuneration for the use of his work.(3) The author may independently use his work created in  the course of employment for purposes not prescribed
by the employment, unless provided otherwise in employment contract. On such use of a work the employer's
name or designation must be indicated.
(4) In cases prescribed by normative acts the author of a work created in the course of employment shall be paid
author's remuneration for the use of his work, independent of his salary payment (salary). The payment ofauthor's remuneration may be prescribed also by an agreement between the employer and the author.
Section 33   Copyright in Audiovisual Works
(1) An "audiovisual work" is any work consisting of images related in a sequence, with or without
accompanying sounds, which is intended to be shown by means of appropriate technical devices (acinematographic, television or video film etc.).IP/N/1/EST/C/1
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(2) Copyright in an audiovisual work belongs to its author or joint authors: the director, scriptwriter, author of
the musical work, cameraman and designer. As a rule, the economic rights of the director, scriptwriter,cameraman and designer transfer to the producer of the work unless otherwise determined by contract. The
economic rights of the author of a musical work used in  an audiovisual work shall not transfer to the producer.
(3) The producer of a work is a natural or legal person who financed or managed the creation of the work andwhose name is fixed in the audiovisual work.(4) The person whose name is indicated in the audiovisu al work shall be presumed to be the producer thereof,
unless the contrary is proved. The obligation of proof shall lie with the person objecting to the producership.
(5) The director, scriptwriter and composer, as well as th e authors of the plan of the scenario, of the dialogue
and of the announcer's text, the designer, cameraman, choreographer, sound operator and other persons active inthe creation of an audiovisual work shall enjoy copyright in their work which constitutes an independent part ofthe audiovisual work and can be used separately of the work as a whole. The exercise of economic rights
regarding such work may be carried out independently, unl ess provided otherwise in a contract, but on condition
that such use is not prejudicial to the use of the work as a whole.
Section 34   Copyright of Compilers
(1) A person who has, as the result of his creative activities, by selecting and systematizing the material, created
a collection (the compiler) shall enjoy copyright in the collection.(2) Results of intellectual activities to which this Law shall not apply (Section 5) may be independentlysystematized and modified by the compiler.
(3) Works in which copyright has expired may be independently systematized and modified by the compiler,
consistent with the provisions of Section 44 of this Law.(4) Works protected by copyright may be systematized and included in a collection, ei ther in their original form
or in a modified form, only with the consent of the author or his heirs, except for the cases provided underChapter IV of this Law. The compiler shall be obliged to respect the copyright of the author of the worksincluded in the collection.
(5) The publishing of a collection by one person shall no t restrict other persons' use of the same material in
compiling independent collections, consistent with the provisions of Paragraphs 1 and 4 of this Section.(6) The transformation of a collection, compiled by one person, by other persons may be effected, subject to thecopyright of the compiler of the original collection.
Section 35   Copyright in Derivative Works
(1) The author of a work derived from the work of another author shall enjoy copyright in his work.
(2) The creation of a derivative work, including the transf ormation of a narrative work into a dramatic work or
into a scenario, the adaptatio n of a dramatic work or a scenario in to a narrative work, the adaptation of a
dramatic work into a scenario and th e adaptation of a scenario into a dramatic work may be carried out only in
the manner stipulated by Chapter VI of this Law and respecting the copyright of the author of the original work.
(3) A person who, on the basis of a work of another au thor (the original work), has created a new, creatively
autonomous work independent of the original work shall enjoy copyright in this work. In this case the name ofthe author of the original work, the title (designation) of the work and the source in which the work waspublished must be indicated.(4) The provisions of Paragraph 1 of this Section shall apply also to works the authors of which are unknown(works of popular art, anonymous works etc.), to works in which copyright has expired and results of
intellectual activities to which this Law shall not apply (Section 5).
Section 36   Rights of Heirs
(1) Copyright shall be inherited consistent with the general provisions of the law of inheritance, either by the
law or by the will.
(2) The economic rights of the author, fixed in Sections 13 to 15 of this Law shall be transferred to the heir at
law until the expiration of the term of copyright, unless provided otherwise in will.(3) If not prescribed otherwise by the author in his lifetime, the following of his moral rights shall be transferredto the heir:1) right to authorize the addition of works of  other authors (illustrations, prefaces, postscripts, commentaries,explanations, new parts etc.) to the work of the author (right to additions to the work);
2) right to object to any distortions, alterations and other inaccuracies in the work, in the title (designation)
thereof or in the indication of the author's name, as well as to malrepresentation of the author or his work whichwould be prejudicial to the author's honour and reputation (right to the protection of the author's honour andreputation);IP/N/1/EST/C/1
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3) right to make available to the public an unpublished work (right to make the work available to the public).
(4) The author may, in the same manner prescribed for designating the executor of a will, designate the personupon whom he confers the protection of the inviolability of his work, as well as of his honour and reputation,
after his death. This person shall carry out the authorization during his entire lifetime.
Section 37   Copyright of Successo rs in Title Not Heirs to Author
Only the economic rights of the author can be transferred to physical persons who and legal entities which are
not heirs of the author, on the basis of a contract conclude d with the author or in cases directly prescribed by this
Law.
Chapter VI
DURATION  OF  COPYRIGHT
Section 38   Term of Copyright Protection
(1) Copyright shall subsist for the life of the author an d 50 years after his death, except for cases prescribed by
Sections 39 to 42 of this Law.(2) Copyright in a work first made available to the public within 50 years after the death of the author shallsubsist for 50 years after the lawful making available to the public of the work.
Section 39   Duration of Copyright in Works of Joint Authorship
Copyright in a work created by two or more persons by joint creation (Section 30) shall subsist for the life of the
last surviving joint author and 50 years after his death.
Section 40   Duration of Copyright in Anonymous Works or in Works Made Available to the  Public
Under Pseudonym
Copyright in a work made available to the public anonymously or under a pseudonym shall subsist for 50 years
after the work has been lawfully made available to the public. If during thisterm the author of the work reveals his citizen name or the connection between the authorship of the work andthe person who has created the work leaves no doubt, the provisions of Sections 38 and 39 shall be applied.
Section 41   Duration of Copyright in Collective Works, Audiovisual Works  and  Photographic Works
(1) Copyright in a collective work (Section 31), the pr oducer's copyright in an audiovisual work (Section 33)
and copyright in a photographic work (Subparagraph 17 of  Paragraph 3 of Section 4) shall subsist for 50 years
after the work has been lawfully made available to the public.(2) If a work fixed in Paragraph 1 of this Section has not been made available to the public for 50 years after thecreation thereof, copyright therein shall subsis t for 50 years after the creation of the work.
(3) If a work fixed in Paragraph 1 of this Section is published as a sequel, copyright therein shall subsist for 50
years after each part has been lawfully made available to the public. =(4) Copyright in independent works, included in a collective work and an audiovisual work shall subsist duringthe term provided by Paragraph 1 of Section 38 of this Law.
Section 42   Duration of Copy right in Works of Applied Art
Copyright in works of applied art shall subsist for 25 years after the work has been created.
Section 43   Commencement Da te of Copyright Protection
The term prescribed by this Chapter shall run from the first of January of the year following the date of death of
the author (Paragraph 1 of Section 38 and Section 39) or following the date of lawfully making available to the
public or the creation of the work (Paragraph 2 of Section 38, Sections 40, 41 and 42).
Section 44   Protection of Authorship, Author's Name, Author's Honour and Reputation and Titles of
Works of  Unlimited Duration
(1) The fact of a person being the author of a particular work (the authorship of the work), the author's name and
the author's honour and reputation shall enjoy protection of unlimited duration.
(2) On the expiration of the term of copyright the use of the title (designation) of the work by another author on
a work of the same kind shall not be permitted, if such use may result in the identification of the authors,misleading to the public.IP/N/1/EST/C/1
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Section 45   Use of Works after Ex piration of Term of Copyright
A work in which the term of copyright has expired may be used freely by all persons, consistent with the
provisions of Section 44 of this Law and the Law of the Estonian Republic on the Protection of the Historical
and Cultural Heritage.
Chapter VII
USE  OF  WORKS
1.   BASIC  PROVISIONSSection 46   Use of Works by Other Persons
(1) The use of a work by other persons shall be permitted only in case of the author's transfer (assignment) of his
economic rights or on the basis of a licence granted by the author, except for cases prescribed by Chapter IV of
this Law.(2) The transfer by the author of his economic rights or the licence to use the work must be expressed in writing,except for cases prescribed by Paragraph 2 of Section 49 of this Law.(3) The transfer by the author of his economic rights or the licence to use his work can be limited regarding
particular rights, as well as regarding the purpose, the term, the territory, the extent, the methods of and the
devices for the use of the work.
Section 47   Licence to Use Works
(1) A licence to use a work means the possibility to do the acts covered by the economic rights of the author.
(2) On granting the licence, the author may retain rights similar to those granted to another person and thepossibility to grant similar rights to a third party (non-exclusive licence) or to release the exercise of the
transferred economic rights to an extent and on co nditions specified in contract (exclusive licence).
(3) A person who has been granted the right to use a work may permit a third party to use the work (to transferthe licence, sublicence) only with the preliminary consent of the author.
2.   AUTHOR'S  CONTRACTS
Section 48   Concept of Author's Contract
(1) An author's contract is an agreement between the author or his successor in title and the person wishing to
use a work on the use of the work, on the basis of which the author or his successor in title shall grant the otherparty his economic rights or the licence to use the work to the extent and in the manner prescribed by the
conditions of the contract.
(2) An author's contract may be concluded on the use of  an already existing work or to create and use a new
work.
Section 49   Form of Authors' Contracts
(1) Authors' contracts must be concluded in writing.
(2) The written form is not obligatory in granting a non-exclusive licence, including cases concerning contracts
on publishing works in periodicals and works of reference, as well as concerning single broadcasts of oral works
over the radio and on television.
Section 50   Standard Authors' Contracts
(1) By agreement between organizations representing authors and organizations uniting users of works standard
author's contracts concerning particular methods of using works may be drawn up.
(2) An author's contract may contain clauses which are no t prescribed by this Law or by the standard author's
contract. Clauses in a contract concluded with the author, which make the author's position less favourable incomparison with the position established by this Law or  the standard contract, are invalid and shall be replaced
by clauses established by law or by the standard contract.
Section 51   Concluding Author's Contracts
(1) An author's contract shall be cons idered to be concluded if an agreement has been reached by the author or
his successor in title and the person wishing to use the work on all the relevant clauses of the contract in a formprescribed by Section 49 of this Law.IP/N/1/EST/C/1
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(2) The relevant clauses of an authors contract, depending on the type of the work, are:
1) an accurate description of the work to be used (genre, extent, title etc.);2) the extent, manner of, the purpose and devices for the use of the work;
3) the territory in which the work will be used;
4) the duration of the author's contract and the starting date of the use of the work;5) rights transferred;6) the type of licence (non-exclusive licence, exclusive licence) and granting the right of transfer of the licence(sublicence);
7) limitations on the use of the work by a third party;
8) the amount of author's remuneration, the time and method of payment;9) the liabilities of the parties for nonlfilment of the clauses of the contract;10) other clauses regarding which one of the parties claims an agreement.(3) An author's contract may prescribe a forfeit, a fine or a fine for delay for not fulfilling the contract or for
partial fulfilment of the contract.
Section 52   Duration of Authors' Contracts
The duration of authors' contracts shall be established by an agreement between the parties.
Section 53   Starting Date of Use of Works
(1) Consistent with an author's contract, the person wi shing to use a work shall be obliged to commence the use
of the work in the manner and by the date stipulated by contract, except for
the case prescribed by paragraph 1 of Section 56 of this Law.(2) The starting date of the use of the work must not exceed three years, beginning from the moment of deliveryof the work by the author to the user.(3) Considering the size of the work and the manner of its use, standard author's contracts may prescribe shorter
terms than prescribed in this Section.
Section 54   Limitations on the Use of the Work by a Third Party
Consistent with author's contract on the transfer of economic rights or on granting an exclusive licence, neither
the author nor his successor in title shall enjoy the right to authorize the use in the same manner of the workreferred to in contract, or a part of the said work, by a third party without the written consent of the other party,
unless otherwise provided in contract.
Section 55   Payment of Author's Remuneration
(1) The method of the payment of author's remuneration (percentage of the work's selling price, a fixed sum,
percentage of the profit realized on the use of the work etc.), the amount of remuneration, the date and the orderof payment shall be determined in author's contract by agreement between the parties.
(2) If the normative acts of the Republic of Estonia have fixed minimal rates of author's remuneration, the rates
of remuneration agreed upon in an author's contract must not be lower than the fixed rates.
Section 56   Authors' Contracts on Creation of New Works (Contracts of Commission)
(1) Consistent with author's contract on creation of a new work, the author shall be obliged to create the work
under conditions and by the date prescribed in contract and to deliver it to the person who commissioned it in an
agreed manner, whereas the person who commissioned the work shall be obliged to pay the author the
remuneration and to commence the use of the work from the date prescribed in contract, unless, as far as the use
of the work is concerned, the parties have agreed otherwise.(2) The author shall be obliged to create the work pers onally, unless otherwise provided in contract. Including
other persons in the creation of the work and changing the group of authors may occur only with the prior
consent of the person who commissioned the work, which sh all be fixed as an alteration in the author's contract.
(3) The person who commissioned the work shall be obliged  to examine the work by a date fixed in the contract
and to notify the author in writing whether the work which has been delivered has been approved or refused ongrounds prescribed by contract or whether it is necessa ry to make modifications in the work, indicating the
nature of the modifications, which is consistent with the clauses of the contract. If the written notification is notaddressed to the author by the date fixed in contract, the work shall be considered to be accepted by the person
who commissioned it.
(4) The amount of advance payment from the author's re muneration prescribed by contract, dates of its payment
and the order thereof shall be determined in the author's contract.IP/N/1/EST/C/1
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Section 57   Rights Transferred to Users  of Works by Virt ue of Contracts
(1) Ownership in the manuscript of a work, sketch, drawing, magnetic tape, computer disc or any other material
object by which the work can be reproduced shall be transferred to the user
of the work only in cases directly prescribed in contract.(2) If the author alienates the original or a copy of hi s work, it shall not mean the transfer of his economic rights
nor granting the licence to use his work, unless provided otherwise in contract.(3) Ownership or possession of a work of fine art creat ed under contract of commission shall be transferred to
the person who commissioned the work, unless provided otherwise in contract.
(4) On the basis of Paragraphs 2 and 3 of this Section the owner of a work shall enjoy the right to display thework to the public (to exhibit it) without the payment of separate remuneration to the author, unless providedotherwise in contract. Such right shall not be enjoyed by persons who possess the original of the work or a copythereof on the basis of a leasing contract, a lending contract etc.(5) If author's contract has been concluded on the use of a literary or artistic work in making an audiovisual
work, the user of the work shall enjoy the right to show the audiovisual work to the public at the cinema, on
television, by cable or other technical devices, to dub the work into another language, to provide it with subtitlesand reproduce and distribute the work. The provisions of this Paragraph shall not apply to works of music.
Section 58   Liability of the Author or His Successo r in Title for Violation of an Author's Contract
(1) The author or his successor in title shall be obliged to return the remuneration he has rec=
eived by virtue of contract in case the contract is cancelled by the user of the work for any of the following
reasons:1) the author or his successor in title has not delivered the work by the date fixed in contract;2) the work created by the author does not fulfil the requirements of the contract;3) the author has not effected changes proposed to him deriving from the contract by the date, in the manner andto the extent agreed upon;
4) the author has violated the obligation to carry out the work personally;
5) the author or his successor in title has violated the provisions of Section 54 of this Law.(2) If the author does not voluntarily return the remuneration paid to him, it shall be extracted from him in court.(3) If the user of the work fails to prove in court the fault of the author or his successor in title in not fulfillingthe contract or in fulfilling it partia lly, the remuneration received consistent with the contract shall be retained
by the author.
Section 59   Liability of the User of a Work  for Violation of an Author's Contract
(1) If the user of a work does not use the work approved by him or does not commence the use of the work by
the term fixed in author's contract, he shall be obliged to pay the author orhis successor in title the whole amount of remuneration stipulated by contract.
(2) In cases prescribed by Paragraph 1 of this Section the author or his successor in title shall enjoy the right to
cancel the contract and to demand the return of the work or copies thereof which have been delivered by virtueof contract.(3) The user of the work shall be relieved of the obligation to pay the author or his successor in title a part of theremuneration which would have been paid after the use of the work had commenced, if he can prove that hefailed to use the work for reasons attributable to the author or his successor in title.
Section 60   Compensation for Damages
(1) Both parties to an author's contract shall have th e right to claim compensation from the other party for the
damages caused by fault of the latter in not fulfilling the contract or fulfilling it partially.(2) The obligation to prove the fault of the other party and the extent of the damages shall lie with the party who
has claimed compensation for damages.
Section 61   Rights of the Author on Reorganization and Dissolution of Organizations
(1) If an organization, which has commissioned a work or been using a work, is reorganized, the economic right
transferred by the author or the licence to use the work shall be transferredto the successor in title of the organization which shall be responsible for fulfilling the obligations arising from
the author's contract.
(2) On the dissolution or bankruptcy of the organization the author or his successor in title shall have the right tothe whole amount of remuneration prescribed by the contract for the work delivered to the organization.IP/N/1/EST/C/1
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Chapter VIII
RIGHTS  OF  PERFORMERS, PRODUCE RS  OF PHONOGRAMS  AND  RADIO  AND
TELEVISION  ORGANIZATIONS (RIGHTS  NEIGHBOURING ON  COPYRIGHT)
Section 62   Concept of Rights Neighbouring on Copyright
(1) Performers, producers of phonograms and broadcasting organisations shall enjoy the rights, as prescribed in
this Chapter, in the results created by them (objects of copyright related rights).
 (2)  The exercise of rights neighbouring on copyright shall not limit the exercise of copyright of the author or ofhis successor in title.(21.01.1999)
Section 63   Field of Application of Rights Neighbouring on Copyright
(1) The provisions of this Chapter shall apply to the performers in the following cases:
1) the performer is a national of the Republic of Estonia or a permanent resident of the Republic of Estonia;2) the performance (stage production) of the work took  place on the territory of the Republic of Estonia; or
3) the performance (stage production) has been  fixed on a phonogram qualifying for protection under Paragraph2 of this Section; or4) the performance (stage production) which has not been fixed on a phonogram has been included in a radio or
television broadcast qualifying for protection under Paragraph 3 of this
Section.(2) The provisions of this Chapter shall apply to the producer of phonograms in the following cases:1) the producer of phonograms is a national of the Republic of Estonia or a permanent resident of the Republicof Estonia or a legal entity located in the Republic of Estonia; or2) the first fixation of the sounds was made on the territory of the Republic of Estonia; or
3) the phonogram was first published on the territory of the Republic of Estonia. Publication means the offering
of copies of a phonogram to the public in a reasonable quantity so as to satisfy the reasonable demands of thepublic.(3) The provisions of this paragraph shall apply to the radio and television organization in the following cases:1) the organization has its headquarters in the territory of the Republic of Estonia;
2) the broadcast is transmitted from a transmitter located in the territory of the Republic of Estonia.
(4) The Provisions of this Paragraph shall apply to nationals and legal entities of other countries, consistent withinternational treaties which the Republic of Estonia has joined.
Section 64   Concept of Performer
"Performers" for the purposes of this law mean actors, singers, musicians, dancers, other persons or collectives
who act, sing, recite, play on instruments or otherwise perform literary or artistic works or expressions of
folklore, or direct other persons in performing, as well as persons who perform in variety shows and circus, atthe puppet theatre etc.
Section 65   Rights of Performers
The performer shall enjoy moral and economic rights in the performances (interpretations) of a work.
Section 66   Moral Rights of Performers
The performer shall enjoy:
1) right of performership (authorship);2) right to the performer's name;
3) right of inviolability of the performance;
4) right to the protection of the honour and reputation of the performer with regard to his performance.
Section 67   Economic Rights of Performers
(1) The performer of a work shall enjoy the exclusive right to use the performance of the work and to authorize
the use thereof by others, as well as the right to remuneration for such use, which has been agreed upon between
the parties except for cases prescribed by this Law and agreed between the parties.
(2) It shall be permitted only with the consent of the performer:1) to fix an unfixed performance on a record, sound or video tape, film, and by other similar means;IP/N/1/EST/C/1
Page 17
2) to broadcast the performance over the radio or on television, except for cases in which the broadcast has been
made from a fixation of the performance or the performance is rebroadcast with the consent of the radio andtelevision organization which first broadcast the performance;
3) to communicate the performance to the public by any technical device outside the place where the
performance is taking place, except for cases in which the communication is made from a fixation of theperformance, a radio or television broadcast;4) to use the sound and the images separately, in case these have been fixed together and form an integral whole;5) to reproduce a fixation of the performance, in case the fixation of the performance was made without the
authorization of the performer or has been reproduced for purposes other than those authorized by the performer
or in case the work has been reproduced for purposes other than those prescribed by Section 75 of this Law.(3) The performer may authorize other persons, including organizations representing authors, to grant thepermission to do the acts prescribed by Paragraph 2 of this Section.(4) repealed (21.01.1999)
(5) Upon performing works in the course of employment the rights of the performer shall be determined by
agreement between the parties.
Section 68   Authorization to Use Performances
(1) The consent of the performer to the use of the performance must be granted in writing or drawn up as a
contract.(2) To use a work performed by a collective the consent of all members of the collective is required. On behalf
of the collective the authorization may be granted by the l eader of the ensemble, the conductor, the leader of the
choir, the director or another person  authorized thereto by the collective.
(3) Unless provided otherwise in contract:1) the authorization to broadcast a work over the radio or on television shall not imply an authorization to theradio and television organization to fix the performance or to authorize other organizations to broadcast thework;
2) the authorization to broadcast a work over the radio or on television and to fix the performance does not
imply the right of the radio or television organization to reproduce thefixation;3) the authorization to fix the performance and to reproduce the fixation does not imply the right to broadcastthe fixation or a copy thereof over the radio or on television.
Section 69   Concept of  Producer of Phonograms
For the purposes of this Law "producer of phonograms" means a physical person who or a legal entity which
first lawfully fixed the sound of a performance or a natural sound.
Section 70   Rights of  Producer of Phonograms
(1) Only with the consent of the producer of phonograms it shall be permitted:
1) to reproduce his phonogram;2) to import copies of his phonogram;3) to rent, or to use in another manner, copies of his phonogram.(2) The amount of remuneration, the methods and order of payment thereof shall be established by an agreementbetween the producer of phonograms and the user.
Section 71   Notice of Protection of Phonograms
In order to guarantee his rights and the rights of the performers fixed on a phonogram, the producer of
phonograms shall be obliged to mark the fixations made for commercial purposes or the containers thereof withthe symbol  P  (the letter P in a circle), accompanied by the year of the first publication of the phonogram. The
said notice must be accompanied by the name or
designation of the producer of the phonogram and those of the principal performers of the works fixed thereon,unless these are directly fixed on the phonogram or the container thereof.
Section 72   Remuneration for Use of Phonograms
(1) If a phonogram published for commercial purposes, or a reproduction (refixation) thereof, is used on radio or
on television or by means of other technical devices for the communication to the public, the performer of the
work and the producer of the phonogram shall enjoy the right to get a single remuneration from the user of thephonogram  for such communication.IP/N/1/EST/C/1
Page 18
(2) The user of the phonogram shall pay the remuneratio n prescribed by Paragraph 1 of this Section to the
producer of the phonogram. The producer of the phonogram shall pay half of the remuneration received to theperformers, unless otherwise provided by agreement between the performers of the works and the producer of
phonograms.
(3) The remuneration received from the producer of the phonogram shall be divided among the performers ofthe works fixed on the phonogram, or used jointly, consistent with the agreement between the performers.
Section 73   Rights of Radio and Television Organizations
(1) It shall be permitted only with the consent of the broadcasting organization:
1) to re-broadcast a broadcast;2) to fix a broadcast;3) to reproduce the fixation of a broadcast, in case the broadcast has been made without the consent of thebroadcasting organization or in cases in which the broadcast was reproduced for purposes other than prescribedby Section 75 of this Law.
(2) The amount of remuneration for the use of the fixation of a broadcast as well as the methods and order of
payment thereof shall be established by the agreement between the radioand television organization and the user.
Section 74   Duration of Rights Neighbouring to Copyright
(1) The rights prescribed by this Chapter shall subsist for 50 years:
1) computed from the first performance of the work in case it is unfixed - with regard to the performer;
2) computed from the first publication of the work - with regard to the producer of the phonogram and to theperformer whose performance has been fixed on the phonogram;3) computed from the first transmission of the broadcast - with regard to the radio and television organization.(2) The term shall run from the first of January of the following the year during which the acts referred to inParagraph 1 of this Section were done.
(3) The economic rights neighbouring on copyright shall be transferred by way of inheritance for the term
prescribed by this Section.(4) The performership (authorship) of the performer, the performer's name and the performer's honour andreputation shall enjoy protection of unlimited duration.
Section 75   Limitations on Rights Neighbouring on Copyright
(1) Without the authorization of the performer, the producer of the phonogram and the radio and television
organization and without payment of remuneration it shall be permitted to use performances of works,phonograms, radio and television broadcasts and the fixations thereof, including the use by means ofreproduction:1) for private purposes, taking into consideration the provisions of Sections 26 and 27 of this Law;
2) solely for the purposes of teaching and scientific research;
3) in the form of short excerpts to be included in reports of current events;4) in the form of short excerpts (quotations) for informatory purposes, consistent with the obligation tocommunicate accurately the meaning of the performance, ph onogram, radio and television broadcast as a whole;
5) to make an ephemeral recording by a radio and television organization by means of its own technical devicesand for use in its own broadcasts of a performance, broadcast or phonogram
which it has the right to broadcast. Such a recording and its reproduction (copies) must be destroyed within
thirty days  counted from its making, except for a single copy which may be preserved for archival purposes;
6) in other cases in which the rights of the authors of th e works are limited by virtue of Chapter IV of this Law.
(2) The free use prescribed by this Section shall be permitted solely on condition that the legitimate interests ofthe performer, the producer of phonograms or the radio and television organization are not prejudiced and the
use does not conflict with the normal economic use of the results.
(21.01.1999)IP/N/1/EST/C/1
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Chapter IX
COLLECTIVE MANAGEMENT OF RIGHTS             (21.01.1999)
Section 76  Organisations representing authors, p erformers, producers of phonograms, broadcasting
organisations and other rightholders
(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 forthe collective management of their copyrights and other rights arising from this Act and for the protection of
their creative and economic interests. Such collective management organisations are non-profit associations
which are founded, operate or are dissolved pursuant to the Non-profit Associations Act (RT I 1996, 42, 811;51, 967; 1998, 36/37, 552; 59, 941) with the exceptions provided by this Act.(2) Collective management of rights is effected in the following fields:1) public performance of musical and literary works;2) transmission of musical, literary and artistic works by radio, TV, cable, satellite or other technology means;
3) collection and distribution of fees for the resale of works of fine art;
4) collection of fees prescribed for the personal use of audiovisual works and sound recordings;5) cable retransmission of radio and TV broadcasts and programmes (including works contained therein);6) reproduction of sound recordings of musical or literary works, and audiovisual reproduction of musical,literary or other artistic works;7) reproduction of works of fine art and of photography in periodicals;
8) other use of works and objects of copyright related rights.
(3) The rights related to the fields specified in clauses (2) 3), 4) and 5) of this section are exercised only through
collective management organisations. Such organisations have the right to receive necessary oral or writtentruthful information from all persons in public law and private law concerning the fees collected and distributed
for the use of works.(21.01.1999)
Sectiom 77  Principles and methods of activities of collective management organisations
(1) Collective management organisations shall manage and protect the economic and personal non-economic
rights of their members pursuant to the procedure pres cribed in their articles of association and membership
contracts, including:
1) give their consent for the use of works or objects of copyright related rights (performances, phonograms,
radio or TV broadcasts or programmes) by concluding a corresponding contract with users;2) determine the amount of author's remuneration, licence fees, performer's fees or any other remunerationthrough negotiations if necessary;3) collect and pay remuneration for the use of works or objects of copyright related rights;4) establish and manage foundations to improve the cond itions necessary for the creative activities of Estonian
authors and performers, provide social guarantees for them and promote their works abroad;
5) protect and represent the rights of authors and holders of related rights in court and other institutions;6) promote other activities in the field of management of copyright and related rights in accordance with theauthorisation granted by authors.(2) On the basis of a corresponding contract or in  the cases provided by law, collective management
organisations may also represent authors and holders of copyright related rights who are not their members.
(3) During the period when the right to represent authors or holders of copyright related rights is enjoyed by a
collective management organisation pursuant to law or contract, authors or holders of copyright related rightscannot exercise such rights themselves.(4) In cases of evident violations of the rights and legitimate interests of authors or holders of copyright relatedrights, collective management organisations have the right to represent all authors or holders of copyright
related rights without authorisation.
(5) Collective management organisations shall represent foreign authors and holders of copyright related rightson the basis of bilateral or multilateral agreements concluded with foreign collective management organisations.(21.01.1999)
Section 78 Guarantees for members of collective management organisations
In order to prevent unlawful and unjustified restrictions on copyrights and copyright related rights:
1) all decisions on remuneration (author's remuneration, licence fees, performers' fees or any other fees) and the
percentage deducted from such fees to cover administ rative expenses of a collective management organisation
(commission), methods of collection, distribution and paym ent of fees, as well as the use of collected fees forIP/N/1/EST/C/1
Page 20
social or cultural purposes, for the foundation of foundations or for other purposes relating to the common
interests of members of a collective management organisation shall be adopted by the general meeting of thecollective management organisation or members authorised by them (meeting of representatives or management
board);
2) collected fees shall be distributed among authors and holders of copyright related rights as proportionately aspossible subject to the actual use of the works after deduction, from the fees, of the percentage jointlydetermined by the members of the organisation to cover administrative expenses and for other purposesprescribed in clause 1) of this section;
3) members of a collective management organisation shall have access to regular and complete information
about the entire activity of the organisation and about the use of their works and the remuneration to be obtainedby them;4) the same rules apply to foreign authors and holders of copyright related rights as to Estonian authors;5) foreign collective management organisations with whom bilateral or multilateral agreements have beenconcluded shall, at their request, receive all necessary in formation concerning management of the rights of their
authors and holders of copyright related rights in Estonia.
(21.01.1999)
Section 79 Management of cable retransmission right by collective management organisations
(1) Authors and holders of copyright related rights (performers, producers of phonograms and broadcasting
organisations) may exercise the cable retransmission right only through collective management organisations
specified in § 76 of this Act.
(2) If an author, performer, producer of phonograms or broadcasting organisation does not conclude a contractwith a collective management organisation for the management of their rights, the organisation representingauthors and holders of copyright related rights of the sa me category is mandated to represent them. If there are
several such collective management organisations, an author or holder of copyright related rights is free tochoose which of the organisations is mandated to manage their rights.
(3) Based on a contract between a cable operator an d a collective management organisation, an author,
performer, producer of phonograms or broadcasting organisation specified in subsection (2) of this section hasthe same rights and obligations as an author, performer, producer of phonograms or broadcasting organisationwho has transferred management of their rights to such organisation.(4) An author, performer, producer of phonograms or broadcasting organisation specified in subsection (2) of
this section may claim remuneration to which they are ent itled, within three years after the date of transmission.
(5) The provisions of subsection (1) of this section do not apply if a broadcasting organisation transmits its ownbroadcasts or programmes by cable. It is irrelevant whether the rights belong to the broadcasting organisation
itself or have been transferred to it by other authors or holders of copyright related rights.(21.01.1999)
Chapter X
PROTECTION OF RIGHTS AND LIABILITY              (21.01.1999)
Section 80 General principles of liability
An infringement of copyright or related rights provided by this Act and other copyright legislation, or a
violation of requirements provided thereby results in civil, criminal or administrative liability.(21.01.1999)
Section 81 Protection of copyright and related rights under civil law
(1) In the case of an infringement of copyright or related rights and a dispute which arises in the implementation
of this Act or other copyright legislation, either party or both parties may take recourse to the courts forresolution of the dispute.(2) In addition to the methods specified in § 112 of the General Part of the Civil Code Act (RT I 1994, 53, 889;89, 1516; 1995, 26-28, 355; 49, 749; 87, 1540; 1996, 40, 773; 42, 811; 1998, 30, 409; 59, 941), infringed rightsare protected under civil law by:
1) award of compensation for moral damage;
2) award of assets acquired through infringement;3) termination of a contract;4) prohibition of infringing activities.IP/N/1/EST/C/1
Page 21
(3) If a claim filed by an entitled person or representativ e thereof pursuant to clause (2) 2) of this section is
included in a criminal matter or matter regarding an admi nistrative offence arising from a violation of copyright
legislation, then, upon the rendering of a decision in the same matter awarding seizure of the assets acquired as a
result of a criminal offence or administrative offence, the same amount of money or equivalent of the seized
assets in money shall be awarded for the entitled person by the same decision.(4) If, as a result of a violation of copyright legisla tion, a work is communicated  to the public, recorded,
reproduced, distributed, imported or altered etc., an entitled person may claim:1) restoration of the work in the original form; or
2) alteration of copies of the work by specific means; or
3) destruction of pirated copies.(5) The provisions of clauses (4) 2) and 3) of this section do not apply to works of architecture.(6) It is prohibited to transfer pirated copies to the auth or, holder of copyright related rights or a representative
thereof.(21.01.1999)
Section 82 Protection of copyright and related rights under criminal law
(1) If a natural person infringes copyright, related rights or requirements provided by copyright legislation in the
interests of a legal person, it is permitted to hold both the natural person criminally liable and the legal personadministratively liable.(2) The importation or exportation of pirated copies is deemed to be a violation of the customs rules. The
Customs Act provides for the liability of legal persons for the importation or exportation of pirated copies.
(3) The provisions of §§ 83 and 84 of this Act and the Code of Administrative Offences (RT 1992, 29, 396; RT I1997, 66-68, 1109; 73, 1201; 81, 1361 and 1362; 86, 1459 and 1461; 87, 1466 and 1467; 93, 1561, 1563, 1564and 1565; 1998, 2, 42; 17, 265; 23, 321; 30, 410; 34, 484; 36/37, 552 and 553; 38, 562; 51, 756 and 759; 52/53,771; 60, 951 and 952; 64/65, 1004) together with the specifications provided by this Act shall be taken as thebasis in proceedings regarding administrative offences by  legal persons which are not specified in subsection (2)
of this section.
(4) The Code of Enforcement Procedure (RT I 1993, 49, 693; 1997, 43/44, 723; 1998, 41/42, 625; 51, 756; 61,981) shall be taken as the basis in the execution of a decision imposing a fine on a legal person which hascommitted an administrative offence and of a decision rendered pursuant to the procedure provided for in
subsection 81 (3) of this Act.
(21.01.1999)
Section 83  Administrative liability of legal persons
(1) A fine between 20 000 and 50 000 kroons is imposed for an infringement of copyright or related rights by a
legal person, or for a violation of requirements provided by copyright legislation by a legal person, except in thecase specified in subsections (2)-(6) of this section.
(2) A fine between 50 000 and 100 000 kroons is imposed for trading in pirated copies by a legal person.
(3) A fine between 50 000 and 150 000 kroons is imposed for the public performance, public display ortransmission to the public of a work by a legal person if pirated copies are used.(4) A fine between 150 000 and 200 000 kroons is imposed for the manufacture, acquisition, possession, use,carriage, sale or transfer by a legal person of technical means or equipment designed for the removal ofprotective measures against the illegal reproduction of works or against the illegal reception of signals
transmitted via satellite or cable.
(5) A fine between 150 000 and 250 000 kroons is imposed for the use of a computer programme by a legalperson if the computer programme is reproduced (installed) in the computer system of the legal person withoutthe consent of the author or holder of copyright.(6) A fine between 250 000 and 500 000 kroons is imposed for the reproduction of a work or object of copyright
related rights by a legal person without the consent of the author of the work, holder of copyright or holder of
copyright related rights (manufacture of pirated copies).(21.01.1999)
Section 84  Proceeding in matter regarding administrative offe nce committed by legal person
(1) In the case of an administrative offence committed by a legal person, the following have the right to prepare
a corresponding report:
1) officials of the Distribution Unit of the Ministry of Culture: in the case specified in subsections 83 (1) - (3) of
this Act;2) police officials.IP/N/1/EST/C/1
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(2) A report shall set out the time and place of its prepara tion; the name and address of the institution in whose
name the report is prepared; the official title, given name and surname of the official who prepared the report;the (business) name, location and registry code of the offender; the official position, given name and surname of
the competent representative of the offender; the place, time and description of the offence; reference to the
corresponding subsection of § 83 of this Act which prescribes liability for such administrative offence;statement by the representative of the offender and other information which is necessary for the correctdetermination of the matter.(3) Matters regarding administrative offences specified in § 83 of this Act are heard by administrative court
judges.
(4) In the hearing of matters regarding administrative offences referred to in § 83 of this Act, the followingobjects are subject to seizure:1) means used for the commission of an administrative offence;2) assets aquired through an administrative offence;3) technical means or equipment designed for the removal of protective measures against the illegal
reproduction of works or against the illegal reception of signals transmitted via satellite or cable;
4) pirated copies.(21.01.1999)
Chapter XI
IMPLEMENTATION OF ACT                          (21.01.1999)
Section 85 Ascertainment of pirated copies a nd prevention of furt her circulation thereof
(1) In the civil, criminal or administ rative procedure, the following is taken as the basis for deeming a copy of a
work to be a pirated copy:
1) statements given and documents provided by the author, holder of copyright or holder of copyright related
rights or by a representative thereof, legal copies of th e work or any other factual information received from the
above-mentioned persons; or2) the lacking of a required special marking on the object of copyright related rights or its packaging.
(2) Pirated copies are subject to seizure regardless of the imposition of penalties.
(3) Pirated copies are subject to seizure regardless of the fact to whom they belong.
(4) Illegal copies of objects of architecture are not subject to seizure.(5) Seized pirated copies are destroyed.(6) A person who obtains a pirated copy in good faith has the right to file an action in court against the personwho sold or transferred the pirated copy to the person in good faith.(21.01.1999)
Section 86 Further handling of seized computer system
(1) A computer system as a mean used for the commission of an administrative offence which has been seized in
a matter regarding the administrative offence specified in subsection 83 of this Act shall be transferred to theMinistry of Education free of charge.(2) The Ministry of Education shall remove a computer programme installed in a computer without the consent
of the author or holder of copyright and shall transfer the computer system to a state or municipal educational
institution or any other educational institution in public law free of charge and for permanent use within theframework of the "Tiger Leap " programme.(21.01.1999)
Section 87 Copyright Committee
(1) In order to monitor compliance of the level of intellectual property protection in Estonia with the
international obligations assumed by Estonia and, by agreement of the parties, and for the out-of-courtresolution of infringements of copyright or related rights and disputes arising in the implementation of this Actor other copyright legislation, the Government of the Republic shall form a permanent copyright committee ofexperts (hereinafter committee) at the Ministry of Culture for each subsequent two years.
(2) If an interested person disagrees with a ruling made by the committee in a dispute specified in subsection (1)
of this section, the person has the right of recourse to the courts concerning the same dispute.IP/N/1/EST/C/1
Page 23
(3) The committee shall provide an overview of compliance of the level of intellectual property protection in
Estonia with the international obligations assumed by Estonia to the Government of the Republic twice a yearand, if necessary, shall make proposals for the improvement of activities in this field.
(4) If necessary, the courts shall involve members of the co mmittee as experts in civil, criminal or administrative
proceedings regarding violations of the requirements provided by this Act or other copyright legislation.
(21.01.1999)
Section 88  Protection of works and results of work of performers, producers of phonograms or
broadcasting organisations created befo re entry into force of this Act
(1) This Act extends to works and results of the work of performers, producers of phonograms or broadcasting
organisations which are created before 12 December 1992.(2) The requirements established by this Act for the use of works and results of the work of performers,producers of phonograms or broadcasting organisations do not extend to cases where use occurred before 12December 1992.
(3) In the case of works whose term of protection of copyright has expired, the authorship of the works, the
names of authors and their honour and dignity shall be protected by the Ministry of Culture (subsection 44 (1)).This provision also applies to performers (subsection 74 (4)).(21.01.1999)
Section 89  Implementing Acts
(1) The Government of the Republic or, by its authorization the Minister of Culture, has the right to issue
regulations for the implementation of sections 13 and 14 of this Act.(29 The Government of the Republic has the right to establish requirements for documenting the circulation ofcertain objects of copyright related rights.(21.01.1999)
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