WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/EST/C/2 
3 March 2004 
 (04-0959) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   english/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
ESTONIA 
   The present document reproduces the text
1 of the consolidated version of the Copyright Act, 
as last amended on 27 September 2000, as notified by Estonia under Article 63.2 of the Agreement 
(see document IP/N/1/EST/1/Add.1). 
 
 Conseil des aspects des droits de propriété 
intellectuelle 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 mis à jour de la Loi sur le droit d'auteur, modifiée en 
dernier lieu le 27 septembre 2000, notifiée par l'Estoni e au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/EST/1/Add.1). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual 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 versión consolidada de la Ley de 
Derecho de Autor, notificado por Estonia en virt ud del párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/EST/1/Add.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/2 
Page 2  
 
 Unofficial translation
* 
COPYRIGHT ACT 
Passed on 11 November 1992 (RT 1992, 49, 615), as amended by Acts of 
26.06.1996 (RT I 1996, 49, 953)  entered into force 26.07.1996 
25.03.1998 (RT I 1998, 36/37, 552)  entered into force   1.05.1998 
21.01.1999 (RT I 1999, 10, 156)  entered into force 15.02.1999 
22.02.1999 (RT I 1999, 29, 398)  entered into force   1.04.1999 
9.12.1999 (RT I 1999, 97, 859)  entered into force   6.01.2000  
15.02.2000 (RT I 2000, 13, 94)  entered into force 22.02.2000 
27.09.2000 (RT I 2000, 78, 497)  entered into force 22.10.2000 
Consolidated text published in RT I 2000, 16, 109, with amendments in  RT I 2000, 78, 496. 
 
Chapter I 
GENERAL PROVISIONS 
§ 1. Purpose of Copyright Act 
(1) The purpose of the Copyright Act is to ensure th e consistent development of culture and protection 
of cultural achievements, the development of copy right-based industries and in ternational 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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, artis tic or scientific works created by an author and 
the rights of such persons; 
3) the rights of performers, producers of phonogram s and broadcasting organi sations (related rights); 
31) the rights of makers of databases and conditio ns for the exercise and protection thereof; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
32) the related rights of producers of first fixations of  films and of other persons specified in this Act; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 re lated rights and the protection of such rights. 
                                                      
* Translated by Estonia Legal Tran slation Centre ( www.legaltext.ee).  IP/N/1/EST/C/2 
 Page 3 
 
 
 (3) (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
 § 2. Copyright legislation 
(1) The copyright legislation of the Republic of Est onia 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 wi th an international agreement of the Republic of 
Estonia, the provisions of the international agreement apply. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (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 entered into force 06.01.2000 - RT I 1999, 97, 859) § 3. Validity of Copyright Act 
(1) The Copyright Act applies to works: 1) the author of which is a citizen or a pe rmanent 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 pe rmanent residence of the 
creator of the works; 
3) which must be protected in accordance with an in ternational agreement of the Republic of Estonia. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(2) This Act applies to works first made available to  the public in a foreign st ate or not made available 
to the public but located in the territory of a fore ign state, the author of which is a person whose 
permanent residence or registered office is in the foreign state and to which clause (1) 3) of this 
section does not apply, only if this state guarantees si milar 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
 
Chapter II 
WORKS PROTECTED BY COPYRIGHT 
§ 4. Works in which copyright subsists 
(1) Copyright subsists in literary, artistic and scientific works. (2) For the purposes of this Act, “wor ks” means any original results in the literary, artistic or scientific 
domain which are expressed in an objective form an d can be perceived and reproduced in this form 
either directly or by means of technical devices. A work  is original if it is th e author’s own intellectual 
creation. IP/N/1/EST/C/2 
Page 4  
 
 (09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(3) Works in which copyright subsists are: 
1) written works in the fields of fiction, non-fiction, politics, education, etc.; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
2) scientific works or works of popular science , either written or thr ee-dimensional (monographs, 
articles, reports on scientific research, plans, schemes, models, tests, etc.); 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
3) computer programs that shall be protected as lite rary works. Protection applies to the expression in 
any form of a computer program; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 4) speeches, lectures, addresses, sermons and other works which consist of words and which are 
expressed orally (oral works); 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 5) scripts and script outlines, librettos; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
6) dramatic and dramatico-musical works; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
7) musical compositions with or without words; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
8) choreographic works and en tertainments in dumb show; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
9) audiovisual works (§ 33); 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
10) (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 11) works of painting, graphic arts , typography, drawings, illustrations; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
12) productions and works of set design; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
13) works of sculpture; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156)  IP/N/1/EST/C/2 
 Page 5 
 
 
 14) architectural graphics (drawings, drafts, schemes,  figures, plans, projects, etc.), letters of 
explanation explaining the contents of a project, a dditional texts and programs, architectural works of 
plastic art (models, etc.), works of architecture and landscape architecture (buildings, constructions, 
parks, green areas, etc.), urban deve lopmental ensembles and complexes; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 15) works of applied art; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
16) works of design and fashion design; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
17) photographic works and works expressed by a pr ocess analogous to photography, slides and slide 
films; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
18) cartographic works (topographic, geographi c, geological, etc. maps, atlases, models); 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
19) draft legislation; (21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
19
1) standards and draft standards; 
(22.02.99 entered into force 01.04.99 - RT I 1999, 29, 398) 
20) opinions, reviews, expert opinions, etc.; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
21) derivative works, i.e. translations, adaptations  of original works, modifications (arrangements) 
and other alterations of works; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
22) collections of works and information (inclu ding 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 definition of 
database does not cover computer programs used in  the making or operation thereof. In accordance 
with this Act, databases which, by reason of the sel ection or arrangement of their contents, constitute 
the author’s own intellectual crea tion shall be protected as such by copyright and no other criteria is 
applied. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
23) other works. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) IP/N/1/EST/C/2 
Page 6  
 
 (4) An author shall also enjoy co pyright in the results of the inte rmediate 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 presu med except if, based on this Act or other copyright 
legislation, there are apparent circumstances wh ich preclude this. The burden of proof lies on the 
person who contests the protection of a work by copyright. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 5. Results of intellectual activities to which this Act does not apply 
(1) 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 or ganisations (flags, coats of arms, orders, medals, 
badges, etc.); 
(27.09.00 entered into force 22.10.00 - RT I 2000, 78, 497) 
6) news of the day; 
7) facts and data; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
8) ideas and principles which underlie any elemen t of a computer program, including those which 
underlie its user interfaces. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 6. Creation of copyright regardless of purpose, value, form of expression or manner of fixation 
of work 
The purpose, value, specific form of expression or manner of fixation of a work shall not be the 
grounds for the non-recognition of copyright. 
§ 7. Moment of creation of copyright 
(1) Copyright in a work  is created with the creation of the work. 
(2) The creation of a work means the moment of expression of the work in any objective form which 
allows the perception and reproduction or fixation of the work.  IP/N/1/EST/C/2 
 Page 7 
 
 
 (09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(3) The registration or deposit of a work or comp letion of other formalities is not required for the 
creation or exercise of copyright. 
§ 8. Copyright in works not made available to public and works made available to public 
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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 9. Published works 
(1) A work is deemed published if the work or co pies of the work, whatever  may be the means of 
manufacture of the copies, are placed, with the consen t 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 publicati on 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. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) (1
1) (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(12) (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(2) A work is deemed published if it is recorded in a computer system accessible to the public. 
(3) The performance of a dramatic, dramatico-musical or a musical work, the presentation of 
audiovisual works, the public recitation of a literary  work, the broadcasting or cable transmission of 
literary or artistic works, the exhibition of a work of art and the construction of a work of architecture 
shall not constitute publication, except in the case specified in subsection (2) of this section. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 10. Works performed in public, displayed and communicated to public 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (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 wo rk 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 entered into force 06.01.2000 - RT I 1999, 97, 859) (4) Public performance, public display or co mmunication to the public of a work means: 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) IP/N/1/EST/C/2 
Page 8  
 
 1) making the work available in a place open to th e public or in a place which is not open to the 
general public but where an unspecified set of person s outside the family and an immediate circle of 
acquaintances are present; 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
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 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into force 
06.01.2000 - RT I 1999, 97, 859) 
§ 10
1. (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 102. Communication of works to public by satellite 
(1) For the purposes of this Act, “satellite” m eans any communications satellite operating on 
frequency bands which are reserved fo r the broadcast of signals for reception by the public or which 
are reserved for closed, point-to-point communicat ion 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, “communicati on to the public by satellite” means the act of 
introducing, under the control and responsibility of  the broadcasting organisation, the programme-
carrying signals intended for reception by the public into an uninterrupted chain of communication 
leading to the satellite and down towards the earth. 
(3) The act of communication to the public by sate llite occurs solely in the state where, under the 
control and responsibility of the broadcasting or ganisation, the programme-carrying signals are 
introduced into an uninterrupted chain of communi cation leading to the satellite and down towards the 
earth. 
(4) If the programme-carrying 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 103. Cable retransmission 
For the purposes of this Act, “cable retransm ission” 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
  
 
 
  IP/N/1/EST/C/2 
 Page 9 
 
 
 Chapter III 
RIGHTS ARISING UPON CREATION OF WORKS 
§ 11. Content of copyright 
(1) Copyright in a work arises upon the creation of th e work by the author of the work. Moral rights 
and economic rights constitute the content of copyright. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (2) The moral rights of an author are inseparable  from the author’s person and non-transferable. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 ma y be limited only in the cases prescribed in this 
Act. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 12. Moral rights 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (1) The author of a work has the right to: 
1) appear in public as the creator of the work and cl aim 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 sha ll be designated upon use of the work – as the real 
name of the author, identifying mark of the aut hor, a fictitious name (pse udonym) or without a name 
(anonymously) (right of author’s name); 
3) make or permit other persons to make any chan ges to the work, its title (name) or designation of 
the author’s name and the right to contest any ch anges 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 part s, etc.) (right of additions to the work); 
5) contest any misrepresentations of and other inaccuracies in the wo rk, 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 r eady to be performed in public (right of disclosure of the work); 
7) supplement and improve the author’s work whic h 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 re moved from the work which is being used. IP/N/1/EST/C/2 
Page 10  
 
 (2) The rights specified in clauses (1) 7), 8) and 9) of  this section shall be exercised at the expense of 
the author and the author is required to compensa te for damage caused to the person who used the 
work. 
§ 13. Economic rights 
(1) An author shall enjoy the exclus ive 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
2) distribution of the author’s work or copies ther eof (distribution right). “Distribution” means the 
transfer of the right of ownership in a work or c opies thereof or any other form of distribution to the 
public, including the rental and lending, except for th e rental and lending of works of architecture and 
works of applied art. The first sale of a copy of a wo rk by the author or with his or her consent shall 
exhaust the right specified in this clause and the copy of the work may be further distributed in 
Estonia without the authorisation of the author. An author shall enjoy the exclusive right to authorise 
or prohibit the rental or lending of  copies of his or her works to th e public even in the case where the 
distribution right has been exhausted, except in th e cases provided for in subsection (6) of this section; 
(27.09.00 entered into force 22.10.00 - RT I 2000, 78, 497) 3) (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 perform ance 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 dir ectly 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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.  IP/N/1/EST/C/2 
 Page 11 
 
 
 (2) (Repealed -27.09.2000 entered into force 22.10.2000 – RT I 2000, 78, 497) 
(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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 estab lishments 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(5) The first sale of a copy of a database pursuant to clause (1) 2) of this section shall exhaust the right 
to control resale of the copy of the database. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (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 pa yment thereof and the payment procedure shall be 
established by the Government of the Republic. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 13
1. Exercise of author’s economic rights 
(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 author isation (licence) therefor by the author, his or her 
legal successor or the collective management orga nisation 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 (reco rd, cassette or CD player, etc.) in a place open to 
the public. 
(4) A work may be communicated by radio, televisi on, 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 co llective management organisation representing the 
author. 
(5) The procedure prescribed in subsection (2) of th is 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 us e by the public or to which its owner or holder 
allows individual access (a street, square, park, spor ts facility, festival grounds, market, recreation IP/N/1/EST/C/2 
Page 12  
 
 area, theatre, cinema, club, discotheque, shop, ma ss caterer, service ente rprise, public means of 
transport, hotel, motel, etc.). 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 14. Author’s right to remuneration 
(1) An author has the right to obtain remuneration (a uthor’s remuneration) for the use of the author’s 
work by other persons except in the cases prescribed by this Act. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(2) The amount of the remuneration, including rental fees, and the procedure for the collection and 
payment thereof shall be determined by an agreemen t (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 pe rson and a user of the work, in which case the 
specifications provided for in subsections 76 (3) an d 77 (3) of this Act shall be taken account of. 
(21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into force 
06.01.2000 - RT I 1999, 97, 859) 
(3) It is prohibited to use a work before an agre ement specified in subsection (2) of this section is 
reached. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(4) If the parties agree on the remuneration but th e obligated party fails to perform the party’s 
obligation in part or in full by the due date, th e obligated party must stop using the work unless 
otherwise agreed with the entitled party. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) (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. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) (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 su ch transfer or authorisation is pr esumed, the author shall retain the 
right to obtain equitable remuneration from the te levision broadcaster, commercial lessor or another 
person who uses the audiovisual work. An agreem ent to waive the right to obtain equitable 
remuneration is void. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (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 agreem ent to waive the right to obtain equitable remuneration is void. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
 
  IP/N/1/EST/C/2 
 Page 13 
 
 
 § 15. Remuneration for resale of works of visual art 
(1) Upon the resale of the original of a work of visu al art at a public auction or via a trade or art 
organisation, the author of the work has the ri ght to receive 5 per cent of the sales price. 
(2) The remuneration specified in subsection (1) of th is section shall be transferred in full to the bank 
account of the collective management organisati on 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 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into force 
06.01.2000 - RT I 1999, 97, 859) 
§ 16. Copyright and right of ownership 
(1) Copyright in a work shall belong to the author  or his or her successor regardless of who has the 
right of ownership in the material object in wh ich the work is expressed. The manner in which the 
economic rights of the author or his or her succ essor 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 ar t, the author of the work has the right to request 
access to the original of the work which is in th e ownership or lawful possession of another person. 
(3) An author may, with the owner’s consent, im prove, supplement or process in any other manner the 
author’s work of visual art, architecture, applied art, design, etc. 
 
Chapter IV 
LIMITATIONS ON EXERCISE OF ECONOMIC RIGHTS OF AUTHORS (FREE USE OF 
WORKS) 
1. FUNDAMENTAL PROVISIONS 
§ 17. Limitation to economic rights of authors 
Notwithstanding §§ 13 – 15 of this Act, but provid ed that this does not conflict with a normal 
exploitation of the work or does not unreasonably pr ejudice the legitimate interests of the author, it is 
permitted to use a work without the authorisation of  its author and without payment of remuneration 
only in the cases directly prescribed in §§ 18 – 25 of this Act. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 18. Free private use of works 
(1) A lawfully published work of another pers on may be reproduced for private use without the 
authorisation of its author and without payment of remuneration. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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; IP/N/1/EST/C/2 
Page 14  
 
 3) electronic databases; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
4) computer programs, except in the cases prescribed in §§ 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 §§ 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 
§ 19. Free reproduction of works for scientific , educational, informational, judicial and 
administrative purposes 
The following is permitted without the authori sation 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 wh ich 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 article s 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
3) the reprographic reproduction of articles lawfully  published in newspape rs, journals or other 
periodicals and of excerpts from published works fo r 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
3
1) the reproduction and distribution in the press of ar ticles published in newspape rs, 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 p ublic by radio, television or cable, except if the 
author of the work or copyright holder has expr essly retained the right of  such reproduction or 
communication; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 3
2) for the purpose of reporting current events, th e 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 entered into force 06.01.2000 - RT I 1999, 97, 859)  IP/N/1/EST/C/2 
 Page 15 
 
 
 4) (Repealed - 21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156) 
5) (Repealed - 21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156) 
6) (Repealed - 21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156) 
7) for the purpose of communicating information re garding 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, radi o, 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 th is 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 justif ied by the purposes of a judicial or administrative 
procedure or ensurance of public security. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
9) publication of works made available to the pub lic in braille or another technical manner for the 
blind, except works created especially for th e blind to be reproduced in such manners. 
§ 20. Reproduction of works by libraries, archives or museums 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 singl e 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 subsecti on (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 museu ms have the right to reproduce wo rks or parts thereof which belong 
to their funds or collections on orders from natu ral persons for private use (subsection 18 (1)). 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (4) Libraries, archives and museu ms have the right to reproduce wo rks or parts thereof which belong 
to their funds or collections on orders from a cour t or a state agency for the purposes prescribed in 
clause 19 8) of this Act. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) IP/N/1/EST/C/2 
Page 16  
 
 (5) (5) The activity prescribed in subsections (3) a nd (4) of this section shall not be carried out for 
commercial purposes. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 20
1. Free use of reproductions of work s located in places open to public 
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 inte nded to be used for direct commercial purposes. If 
the work specified in this section carries the name of its author, it sh all be indicated in communicating 
the reproduction to the public. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) § 21. (Repealed - 21.01.1999 entered into  force 15.02.1999 – RT I 1999, 10, 156) 
§ 22. Free public performance of works 
The public performance of works in the direct t eaching 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 na me 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, caregivers, etc.) who are direc tly connected with the educational institution where 
the work is performed in public. 
§ 23. Use of ephemeral recordings of works by broadcasting organisations 
(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 m eans of its own facilities and used for its own 
broadcasts. 
(2) The broadcasting organisation is required to dest roy recordings prescribed in  subsection (1) of this 
section within thirty days as of the making thereo f unless otherwise agreed with the author of the 
work thus recorded. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(3) Ephemeral recordings prescribed in this section sh all 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 th e archives shall be decided on by the broadcasting 
organisation or, in the case of a dispute, by the State Archivist. 
(26.06.1996 entered into force 26.07.1996 - RT I 1996, 49, 953; 25.03.1998 entered into force 
01.05.1998 - RT I 1998, 36/37, 552) 
§ 24. Free use of computer programs 
(1) Unless otherwise prescribed by contract, the lawf ul user of a computer program may, without the 
authorisation of the author of the program an d 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:  IP/N/1/EST/C/2 
 Page 17 
 
 
 1) the use of the program on the device or devices, to the extent and for th e purposes for which the 
program was obtained; 
2) the correction of errors present in the program. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(2) The lawful user of a computer program is entitle d, without the authorisation of the author of the 
program or the legal successor of the author and w ithout payment of additional remuneration, to make 
a back-up copy of the program provided that it is necessary for the use of the computer program, or to 
replace a lost or destroyed program or a program rendered unusable. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(3) The lawful user of a computer program is entitle d, without the authorisation of the author of the 
program and without payment of ad ditional remuneration, to observe, study or test the functioning of 
the program in order to determine the ideas and pr inciples 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(4) (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(5) Any contractual provisions which prejudice the exer cise of the rights specified in subsection (2) or 
(3) are void. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) § 25. Decompilation of computer programs 
(1) The lawful user of a computer program may reproduce and translate a computer program without 
the authorisation of the author of the program and without payment of additional remuneration if these 
acts are indispensable to obtain information necessar y 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 th e program or, on the behalf of the lawful user of 
the program, by a person authorised to do so; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
2) the information necessary to ach ieve 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. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) (2) Information obtained as a result of the acts prescr ibed in subsection (1) of this section shall not be: 
1) used for goals other than to achieve the inte roperability of the independently created program; 
2) disclosed to third persons except when necessa ry for the interoperability of the independently 
created program; IP/N/1/EST/C/2 
Page 18  
 
 3) used for the development, production or marketi ng 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 ex ercise of the rights specified in this section are 
void. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) § 25
1. Free use of database 
The lawful user of a database or of a copy thereof is entitled, without the authorisation of the author 
and without payment of additiona l 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 contractua l provisions which prejudice the exercise of the right 
are void. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
3. Use of Works without Authorisation of Author but with Payment of Remuneration § 26. Private use of audiovisual works and sound recordings of works 
(1) Audiovisual works or sound recordings of su ch works may be reproduced for the private use 
(scientific research, studies, etc.) of the user without the authorisation of the author. The author as 
well as the performer of the work and the producer of phonograms have the right to obtain equitable 
remuneration for such use of the work or phonogram (§ 27). 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(2) Subsection (1) of this section does not apply to legal persons. § 27. Remuneration for private use of audi ovisual works and sound recordings of works 
(1) To compensate authors as well as performers an d producers of phonograms for the use of works 
prescribed in § 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, et c.) shall pay corresponding remuneration which shall 
be equitably distributed among authors, performer s 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 entered into force 06.01.2000 - RT I 1999, 97, 859) (3) The Minister of Culture shall annually dete rmine the amount of the remuneration, having 
previously obtained the approval of the manufacturer s and importers provided for in subsection (1) of 
this section and the collective manageme nt organisations representing authors. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 represen tatives of authors, performers and producers of 
phonograms.  IP/N/1/EST/C/2 
 Page 19 
 
 
 (09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 visually-impaired or hearing-impaired persons; 
4) exempt from remuneration pursuant to the procedure prescribed by law. 
(5) The collective management organisation represen ting 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 importi ng organisations all information necessary for the 
collection of the remuneration. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) § 27
1. Reprographic reproduction of works 
(1) Authors and publishers are entitled to obtai n 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 (clause 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 a nd distribution of the remuneration prescribed in 
subsection (1) of this section shall be estab lished 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 informati on necessary for the collection of remuneration. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
 
Chapter V 
PERSONS TO WHOM COPYRIGHT SHALL BELONG 
§ 28. Author of work 
(1) The moral and economic rights of an author sh all initially belong to the author of a work unless 
otherwise prescribed by this Act with rega rd to the economic rights of the author. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (2) The author of a work is the natura l person or persons who created the work. 
(3) Copyright shall belong to a legal person only in the cases prescribed in this Act. IP/N/1/EST/C/2 
Page 20  
 
 (4) Copyright shall belong to the state on ly in the cases prescribed in this Act. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 29. Presumption of authorship 
(1) The authorship of a person who publishes a wo rk under his or her name, a generally recognised 
pseudonym or the identifying mark of the author sh all 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. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(3) The person who represents the author in the case s 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. 
§ 30. Joint authorship and co-authorship (1) Copyright in a work created by two or more pe rsons 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 act ivity may constitute an indivisible whole (joint 
authorship) or consist of parts each of which has independent meaning of its own (co-authorship). A 
part of a work is deemed to have  independent meaning if it can be used independently of other parts 
of the work. 
(3) Each co-author of a work shall enjoy copyright in the part of the work with independent meaning 
created by him or her and the co-author may use that  part of the work independently. Such use shall 
not prejudice the interests of other co-authors or cont radict the interests of joint use of the co-authors 
of the work. 
(4) Relations between joint authors in the exer cise of copyright, including the distribution of 
remuneration, shall be determined by an agreemen t between them. In the ab sence of such agreement, 
all authors shall exercise copyright in the work jointly and remuneration shall be divided equally 
between them. 
(5) Each of the joint authors and co-authors may have recourse to the courts or take other measures to 
protect the jointly created work and el iminate any infringement of copyright. 
(6) Consulting authors, performing the functions  of administrative mana gement, editing a work, 
drawing graphs, schemes, etc. and providing other technical assistance to authors shall not constitute 
the basis for the creation of join t authorship or co-authorship. 
(7) If a work is created under an employment contract in execution of the direct duties of a person, in 
order to form a group of authors, the prior consent of the person is necessary in order to include him 
or her in the group of authors. Refusal to particip ate in the work of a group of authors for good reason 
shall not be considered breach of work discipline. 
§ 31. Copyright in collective works  IP/N/1/EST/C/2 
 Page 21 
 
 
 (1) A collective work is a work wh ich consists of contributions of different authors which are united 
into an integral whole by a natural or a legal pe rson on the initiative and under the management of this 
person and which is published under th e name of this natural or lega l person (works of reference, 
collections of scientific works, newspapers, j ournals 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 collect ive work (contributions) shall enjoy copyright in 
their works and they may use their works indepe ndently unless otherwise determined by contract. 
Authors of contributions are not deemed to be joint authors or co-authors. 
§ 32. Copyright in works created in execution of duties of employment 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (1) The author of a work created under an empl oyment 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 fo r the purpose and to the extent prescribed by the duties shall be transferred to 
the employer unless otherwise prescribed by contract. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (2) An author may use the work cr eated 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 legisl ation, the author of a work create d 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 ag reement 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 th e employer has the exclus ive licence to exercise all 
economic rights unless otherwise provided by contract. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 ex ercised by the state agency which assigned, 
commissioned or supervised the creation of the work. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 33. Copyright in audio-visual works 
(1) Audiovisual works are all works which consis t 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.). IP/N/1/EST/C/2 
Page 22  
 
 (2) Copyright in an audiovisual work shall belong to its author or joint or co-authors - the director, the 
script writer, the author of dialogue, the author of the musical work specifically  created for use in the 
audiovisual work, the cameraman and the designer.  The economic rights of the director, the script 
writer, the author of dialogue, the cameraman and th e designer shall transfer to the producer of the 
work unless otherwise prescribed by contract. The ec onomic 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 fo r use in the audiovisual work. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(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, chore ographers, sound recordings and ot her persons who participate in 
the creation of an audiovisual work shall enjoy copy right in their work which constitutes a part with 
independent meaning of the audiovisual work and wh ich can be used independently of the work as a 
whole. Economic rights with regard to such work s 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. 
§ 34. Copyright of compilers 
(1) A person who creates a collection as a result of his or her creative activity by selecting or 
arranging the material (compiler) shall enjoy copyright in this collection. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (2) A compiler may independently arrange and transfor m results of intellectual activity to which this 
Act does not apply (§ 5). 
(3) A compiler may independently arrange and tran sform, observing the provisions of § 44 of this 
Act, works whose term of protection of copyright has expired. 
(4) Works subject to protection by copyright may be  arranged and included in collections as originals 
or in a transformed form only with the consent of the author or his or her legal successor except in the 
cases prescribed in Chapter IV of this Act. A comp iler is required to observe the copyright in works 
included in the collection. 
(5) The publication of a collection by a person sha ll not restrict other persons in using the same 
material in order to create an independent collecti on pursuant to the provisions of subsections (1) and 
(4) of this section. 
(6) A collection compiled by a person may be transf ormed by other persons only if they observe the 
copyright of the compiler of the original collection. 
§ 35. Copyright in derivative works 
(1) The author of a work which is derived from the wo rk of another author shall enjoy copyright in his 
or her work.  IP/N/1/EST/C/2 
 Page 23 
 
 
 (2) The creation of derivative works, including the tr ansformation of a narrative work into a dramatic 
work or a script, the transformation of a dramat ic 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 pr ocedure prescribed in Chapter VII of this Act and 
observing the copyright of the cr eator of the original work. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (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 en joy 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 secti on 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 activ ity to which this Act does not apply (§ 5). 
§ 36. Rights of successors 
(1) Succession of copyright shall be intestate succe ssion or testate succession according to the general 
provisions of the law of succession. 
(2) The economic rights of an author specified in §§ 13-15 of this Act shall transfer to an intestate 
successor for the term of protection of copy right unless otherwise prescribed by a will. 
(3) Unless otherwise prescribed by an author duri ng his or her lifetime, the following moral rights 
shall transfer to his or her successor: 
1) the right to permit the addition of other aut hors’ works to the author’s work (illustrations, 
forewords, epilogues, comments, explanations, additiona l 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 deat h. 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 entered into force 06.01.2000 - RT I 1999, 97, 859) § 37. Copyright of legal successors of authors who are not successors 
Only the economic rights of an author may transfer, on the basis of a contract entered into with the 
author or in the cases directly prescribed in this  Act, to natural and le gal persons who are not 
successors of the author. 
 IP/N/1/EST/C/2 
Page 24  
 
 Chapter VI 
DURATION OF COPYRIGHT 
§ 38. Term of protection of copyright 
(1) The term of protection of copyright shall be the life of the author and seventy years after his or her 
death, irrespective of the date wh en the work is lawfully made av ailable to the public, except in the 
cases prescribed in §§ 39 – 42 of this Act. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(2) (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(2
1) Where the country of origin of a work, within the meaning of subsection 4 of Article 5 of the 
Berne Convention on Literary and Artistic Works, is a third country, and the author of the work is not 
a citizen or permanent resident of the Republic of Estonia, the term of protection of copyright shall 
run within a period prescribed by the law of the country of origin but may not exceed the term 
specified in subsection (1). 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 39. Term of protection of copyright in case of joint authorship or co-authorship 
The term of protection of copyright in a work created  by two or more persons as a result of their joint 
creative activity (§ 30) shall be the life of the last surviving author and seventy years after his or her 
death. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 40. Term of protection of copyright in anonymous or pseudonymous works 
In the case of anonymous or pseudonymous works, th e term of protection of copyright shall run for 
seventy years after the work is lawfully made av ailable to the public. If the author of the work 
discloses his identity during the above-mentioned period or leaves no doubt as to the connection between the authorship of the work and the person who created the work, the provisions of §§ 38 and 
39 apply. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 41. The term of protection of copyright in collective works, works created in execution of 
duties, audiovisual works and serials 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(1) The term of protection of copyright in a collectiv e work (§ 31) or work created in the execution of 
duties (§ 32) shall run for seventy years after the work is lawfully made available to the public. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(1
1) The term of protection of copyright in an audiovi sual work (§ 33) shall expire seventy years after 
the death of the last surviving author (director, scrip t writer, author of dialogue, author of a musical 
work specifically created for u se in the audiovisual work). 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)  IP/N/1/EST/C/2 
 Page 25 
 
 
 (2) If a work specified in subsection (1) of this sec tion is not made available to the public fifty years 
after the creation thereof, the term of protection of copyright shall expire seventy years after the 
creation of the work. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(3) Where a work is published as a serial (volumes, part s, 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 sha ll expire seventy years after the time when the 
instalment is lawfully made available to the public. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(4) The term of protection of copyright in indepe ndent works included in a collective work, a work 
created in the execution of duties or in an audiovisual  work which have not been made available to the 
public anonymously or under a pseudonym shall expire  within the term provided for in subsection 38 
(1) of this Act. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 42. (Repealed - 09.12.1999 entered into  force 06.01.2000 - RT I 1999, 97, 859) 
§ 43. Beginning of term of protection of copyright 
The term prescribed in this Chapter begins on the firs t of January of the year following the year of the 
death of the author (subsection 38 (1) and § 39) or of the year following the year when the work was 
lawfully made available to the public or of the year following the year of creation of the work 
(subsection 38 (2); §§ 40, 41 and 42). 
§ 44. Protection of authorship of work, name of author, honour and reputation of author and 
title of work without term 
(1) The authorship of a certain work, the name of  the author and the honour and reputation of the 
author shall be protected without a term. 
(2) The use of the title (name) of a work by anot her author for a similar work when the term of 
protection of copyright has expired is not permitted if  such use may result in identification of authors 
which would mislead the public. 
§ 45. Use of works after term of protection of copyright expires 
Works whose term of protection of copyright has ex pired may be freely used by all persons pursuant 
to the provisions of § 44 of this Act and the Her itage Conservation Act (RT I 1994, 24, 391; 1996, 49, 
953; 86, 1538; 1997, 93, 1559). 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
  
  
 IP/N/1/EST/C/2 
Page 26  
 
 Chapter VII 
USE OF WORKS 
1. FUNDAMENTAL PROVISIONS 
§ 46. Use of works by other persons 
(1) Works shall be used by othe r persons only in the case of transf er (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 hi m or her shall be formalised and an authorisation 
to use a work shall be granted in writing except in  the cases prescribed in subsection 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. 
§ 47. Authorisation (licence) to use work 
(1) An authorisation (licence) to use a work is a possibility to perfo rm acts within the limits of the 
author’s rights. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 
§ 48. Definition of author’s contract 
(1) An author’s contract is an agreement for the us e of a work between the author or his or her legal 
successor and a person who wishes to use the work on th e 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 proce dure prescribed by the conditions of the contract. 
(2) An author’s contract may be entered into to u se an existing work or to create and use a new work. 
§ 49. Form of author’s contract 
(1) An author’s contract sha ll be entered into in writing. 
(2) The written form is not required upon the grant of a non-exclusive licence, including contracts for 
publishing works in periodical publications or works of reference and for one-time transmissions of 
oral works in radio and television. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)  IP/N/1/EST/C/2 
 Page 27 
 
 
 § 50. Standard author’s contract 
(1) Standard author’s contracts with regard to sep arate ways of using works may be approved by an 
agreement between a collective management orga nisation representing authors and organisations 
which unite users of works. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(2) An author’s contract may include conditions whic h are not prescribed by this Act or in a standard 
author’s contract. The conditions of a contract ente red 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 conditio ns determined by the Act or a standard author’s contract. 
§ 51. Entry into author’s contract 
(1) An author’s contract is deemed entered into if an  agreement in the format prescribed in § 49 of this 
Act regarding all the essential conditions of the contr act 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 essentia l 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 th e term of commencement of use of the work; 
5) the rights transferred; 
6) the type of authorisation (non-exclusive licen ce, 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 co mply with the conditions of the contract; 
10) other terms and conditions with regard to whic h 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. 
§ 52. Term of author’s contract 
The term of an author’s contract shall be de termined by an agreement between the parties. 
§ 53. Term of commencement of use of work 
(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 contra ct, except in the cases 
prescribed in subsection 56 (1) of this Act. IP/N/1/EST/C/2 
Page 28  
 
 (2) The term of commencement of use of a work sh all 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 natu re of the use thereof, shorter time-limits may be 
prescribed by a standard author’s contract  than those prescribed in this section. 
§ 54. Restriction on use of work with regard to third persons 
According to an author’s contract concerning the tr ansfer 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 th e same manner as agreed upon in the contract without 
the written consent of the other party unl ess otherwise prescribed by the contract. 
§ 55. Payment of remuneration 
(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 remunerati on are established by legislation of the Republic of Estonia, the 
rates of remuneration agreed upon in an author’s cont ract shall not be lower than such minimum rates. 
§ 56. Author’s contract for creation of new work (commission contract) 
(1) According to an author’s contract for the cr eation of a new work, an author undertakes to create 
the work under the conditions and within the term de termined 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 pers onally 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 commi ssioning 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 approv al of the work delivered or rejection thereof on 
the grounds prescribed in the contract or of the ne ed to make changes to the work indicating the 
content of such changes which comply with the c onditions 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 paymen t thereof shall be determined in the author’s 
contract. 
§ 57. Rights transferred to users of works by virtue of contract 
(1) The right of ownership in the manuscript, draft, drawing, magnetic tape or floppy disc of a work or 
other 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.  IP/N/1/EST/C/2 
 Page 29 
 
 
 (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 author isation 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 secti on, the acquirer of a work has the right to display 
(exhibit) such work to the public without paymen t 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 ri ght 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 wo rk, unless otherwise prescr ibed by the contract. 
The author has the right to obtain equitable remune ration for the rental of the work (subsection 14 
(6)). The provisions of this subsection do not apply to musical works. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) § 58. Liability of author or hi s or her legal successor for b reach of author’s contract 
(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 deliv er 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 § 54 of this Act. 
(2) If an author does not voluntarily return the remu neration 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 perform ance of the contract, the author shall keep the 
remuneration received according to the contract. 
§ 59. Liability of user of works for breach of author’s contract 
(1) If a user of a work does not use a work approv ed by the user or does not commence use of the 
work within the term determined by the author’s co ntract, 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 requ est return of the work or  copies thereof delivered 
according to the contract. IP/N/1/EST/C/2 
Page 30  
 
 (3) The user of a work is not required to pay the au thor 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 th e work due to circumstances depending on the author 
or his or her legal successor. 
§ 60. Compensation for damage 
(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 pa rty and the extent of damage lies on the party who 
files the claim for damages. 
§ 61. Author’s rights upon reorganisation or liquidation of organisation 
(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 th e legal successor of the organisation 
who shall be responsible for the performance of th e 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 up on 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 62. Definition of related rights 
(1) A performer, producer of phonograms, broadcasting organisation, producer of the first fixation of 
a film, a person who, after the expiry of copyright pr otection, 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 prot ected 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 entered into force 06.01.2000 - RT I 1999, 97, 859) (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, “distributi on” 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 entered into force 06.01.2000 - RT I 1999, 97, 859) (4) The first sale of an object of related rights in Es tonia by the rightholder or with his or her consent 
shall exhaust the distribution right prescribed in this  Chapter and the object of related rights may be 
further distributed in Estonia without the author isation of the rightholder and without payment of 
remuneration. 
(27.09.00 entered into force 22.10.00 - RT I 2000, 78, 497)  IP/N/1/EST/C/2 
 Page 31 
 
 
 (5) A performer, producer of phonograms, broadcasting organisation, producer of the first fixation of 
a film, a person who, after the expiry of copyright pr otection, 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 gran t an authorisation (licence) for the use of the 
object of related rights. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 63. Validity of related rights 
(1) The provisions of this Chapter apply in respect of a performer if: 
1) the performer is a citizen or a permanent resident of the Republic of Estonia; 
2) the work is performed (produced) in the territory of the Republic of Estonia; or 
3) the performance (production) of the work is recorded on a phonogram which is protected pursuant 
to subsection (2) of this section; or 
4) the performance (production) of the work whic h 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 perm anent resident of the Republic of Estonia or a 
legal person located in the Republic of Estonia; or 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 th e 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 transm itter which is located in the territory of the 
Republic of Estonia. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (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. 
§ 64. Definition of performer 
For the purposes of this Act, “pe rformers” 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 variet y shows, circuses, puppet theatres, etc. 
§ 65. Rights of performers 
Performers shall enjoy moral and economic rights in  the performance (interpretation) of works. IP/N/1/EST/C/2 
Page 32  
 
 § 66. Moral rights of performers 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 pe rformer’s honour and reputation w ith respect to the performer’s 
performance. 
§ 67. Economic rights of performers 
(1) A performer has the exclusive right to use and to  authorise or prohibit the use of the performance 
of a work and to obtain, for such use, remunera tion agreed upon by the pa rties except in the cases 
prescribed by this Act and an agreement between the parties. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) (2) The following is permitted only w ith 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 te levision, including by sate llite, except in the cases 
where a recording of the performance is broad cast or the performance is retransmitted with the 
permission of the broadcasting organisati on which first broadcast the performance; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 entered into force 06.01.2000 - RT I 1999, 97, 859) 4) use of the sound and image of the performance separa tely 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
6) the distribution of recordings to the public; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
7) the rental or lending of the recording of a perf ormance. The rental right shall transfer to the 
producer of an audiovisual work (subsection 33 (3)) upon the conclusion of a corresponding 
individual or collective contract for the creation of  an audiovisual work unless otherwise prescribed 
by contract. The performer shall retain the right to obtain equitable remuneration (subsection 68 (4)). 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)  IP/N/1/EST/C/2 
 Page 33 
 
 
 (3) A performer may authorise other persons, including a collective management organisation 
representing authors, to grant permission for the perfo rmance of acts prescribed in subsection (2) of 
this section. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(4) (Repealed - 21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156) 
(5) The rights of an employer and performer upon the performance of works in execution of the direct 
duties of the performer shall be determ ined by agreement of the parties. 
§ 68. Authorisation to use performance 
(1) The authorisation of a performer to use a perfo rmance 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 pe rformance or grant an authorisation to broadcast 
the work to other organisations; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(4) Where a performer has transferred (assigned) th e right to rent the original or a copy of a 
phonogram or audiovisual work or has granted a licence therefore, or such transfer or grant of a 
licence may be presumed, the performer shall retain the right to obtain equitable remuneration for the 
rental. An agreement to waive the right to obtain equitable remuneration is void. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 69. Definition of producer of phonograms 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) For the purposes of this Act, “producer of phonogram s (sound recordings)” means the natural or legal 
person who first lawfully records the s ounds of a performance or other sounds. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) § 70. Rights of producers of phonograms 
(1) A producer of phonograms has the exclusive right to authorise or prohibit: IP/N/1/EST/C/2 
Page 34  
 
 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(2) The amount of remuneration for the use of  a phonogram, the manner of and procedure for 
payment thereof shall be determined by an agre ement between the producer of phonograms and a user 
thereof. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 71. Symbol of protection of phonogram 
In order to guarantee the rights of a producer of phonograms and of the performers whose works are 
recorded on a phonogram, the producer of phonograms has the right to mark recordings made for 
commercial purposes or containers thereof with the sym bol 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 72. Remuneration for use of phonogram 
(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 entitle d 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 entered into force 06.01.2000 - RT I 1999, 97, 859) (2) (2) The producer of phonograms shall pay one ha lf 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 perfo rmers and the producer of phonograms. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 73. Rights of broadcasting organisations 
(1) Broadcasting organisations have the ex clusive 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;  IP/N/1/EST/C/2 
 Page 35 
 
 
 3) direct or indirect, temporary or permanent repr oduction 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 entered into force 06.01.2000 - RT I 1999, 97, 859) (2) The amount of remuneration for the use of a reco rding of broadcasts, the manner of and procedure 
for payment thereof shall be determined by an ag reement 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 73
1. Rights of producers of first fixations of films 
(1) Producers of first fixations of films have the exclusive right to authorise or prohibit: 1) direct or indirect, temporary or permanent 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) (2) For the purposes of this section, “films” m ean audiovisual works or moving images whether or 
not accompanied by sound which are not works. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 74. Duration of related rights 
(1) The rights prescribed in this Chapter shall not e xpire before the end of a period of fifty years: 
1) for the performer, as of the first performance of  a work. If a recordin g of the performance is 
lawfully published or lawfully communicated to the public within this period, the rights of the 
performer shall expire in fifty years as of the date  of such publication or communication to the public, 
whichever is the earliest; 
2) for the producer of phonograms, as of the first fixation of a phonogram. If a recording of the 
phonogram is lawfully published or lawfully communi cated to the public within this period, the rights 
of the producer of phonograms shall expire in fifty 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 firs t 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 fifty years as of the date of such publication or communication to the public, whichever is the earliest. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) IP/N/1/EST/C/2 
Page 36  
 
 (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. 
§ 74
1. Related rights in previously unpublished wo rks and critical or scientific publications 
(1) A person who, after the expiry of copyright prot ection, for the first time lawfully publishes or 
lawfully communicates to the public a previously  unpublished work shall benefit from a protection 
equivalent to the economic rights of the author (§ 13), within twenty-five years from the time when 
the work was first published or communicated to the public. 
(2) A person who publishes a critical or scientific publication of a work unprotected by copyright has 
rights to the publication equivalent to the economic ri ghts of an author (§ 13), within thirty years from 
the time when the publication was first published. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 75. Limitation to related rights 
(1) Without the authorisation of a performer, producer of phonograms, br oadcasting 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 communicat es 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 §§ 26 and 27 of this Act; 2) solely for the purposes of t eaching or scientific research; 
3) if short excerpts are used in connec tion with the reporting of current events; 
4) if short excerpts (quotations) are used for in formational purposes and the obligation to convey the 
meaning of the whole performance, phonogram or radi o or TV broadcast accurately is observed; 
5) for an ephemeral recording of the perform ance, 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 organisa tion is entitled to broadcast the performance, 
broadcast or phonogram. Such recordings and repr oduction thereof (copies) shall be destroyed after 
thirty 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 entered into force 06.01.2000 - RT I 1999, 97, 859)  IP/N/1/EST/C/2 
 Page 37 
 
 
 Chapter VIII1 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
RIGHTS OF MAKERS OF DATABASES 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 751. Purpose of this Chapter 
The purpose of this Chapter is to provide independe nt protection for databases by establishing special 
rights for makers of databases to protect investments made by them. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) § 75
2. Definition of database 
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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 753. Maker of database 
(1) The maker of a database is a person who h as made a substantial investment, evaluated 
qualitatively or quantitatively, in the collecting, obt aining, 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 co mpany 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 Estoni a. 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 w ith an international agreement of the Republic of 
Estonia. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 75
4. Rights of makers of databases 
(1) The maker of a database has the exclusive right to authorise or prohibit the use of the database in 
the manner prescribed in subsection (2) of this secti on and to obtain remuneration agreed between the 
parties for such use, except in th e 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 substantia l 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; IP/N/1/EST/C/2 
Page 38  
 
 2) re-utilisation of the database or a substantial pa rt thereof. “Re-utilisation” means any form of 
making available to the public all or a substantial pa rt of the contents of a database by the distribution 
of copies, by renting, by on-line or other forms of transmission. 
(3) The first sale of a copy of a database by the ma ker of the database or with the latter’s authorisation 
shall exhaust the right of the maker of the database to  control the resale of the database or the copy as 
provided for in clause (2) 2) of this section. 
(4) The exclusive right specified in subsection (2) of this section shall belong to the maker of a 
database irrespective of the eligibility of that databa se or the contents thereof for protection by this 
Act or under other legislation. 
(5) Public lending is not an act of extraction or re-u tilisation of a database or a substantial part thereof. 
(6) The maker of a database may transfer (assign) th e right provided for in subsection (2) of this 
section or grant an authorisation (licence) for the ex ercise of such right. In such cases, the provisions 
of Chapter VII of this Act shall apply. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 75
5. Rights and obligations of lawful users of databases 
(1) A lawful user of a database which is made availa ble to public in whatever manner has the right to 
make extractions and to re-utilise insubstantial parts of its contents, evaluated qualitatively or 
quantitatively, for any purposes whatso ever. Where the person is authorised to use only part of the 
database in the manner provided for in this subsecti on, the provisions of this  subsection shall apply 
only to that part. 
(2) A lawful user of a database which is made av ailable to the public in whatever manner shall not 
prejudice the copyright or related rights in the work s or other materials contained in the database. 
(3) A lawful user of a database which is made av ailable to the public in whatever manner shall not 
perform acts that conflict with normal use of th e 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 756. Limitation to rights of makers of databases 
A lawful user of a database which is lawfully ma de available to the public in whatever manner may, 
without the authorisation of its maker and without  payment of remuneration, extract or re-utilise a 
substantial part of the database in the case of: 
1) extraction for private purposes of the contents of a non-electronic database; 
2) extraction for the purposes of illustration for teach ing or scientific research, as long as the source is 
indicated and to the extent justified by  the non-commercial purpose to be achieved; 
3) extraction or re-utilisation for the purposes of public security or an administrative or judicial 
procedure to the extent justified by the purposes of  public security or an administrative or judicial 
procedure. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)  IP/N/1/EST/C/2 
 Page 39 
 
 
 § 757. Term of protection of rights of makers of databases 
(1) The rights of the maker of a database shall run from the date of completion of the database, which 
is the date on which the making of the database is completed. 
(2) The term of protection of the rights of the make r of a database shall expire in fifteen years from 
the first of January of the year following the date when the database was completed. 
(3) If a database is made available to the public in whatever manner within the period provided for in 
subsection (2) of this section, the term of protecti on of the rights of the maker of the database shall 
expire in fifteen years from the first of January of  the year following the date when the database was 
first made available to the public. 
(4) If there is a substantial change, evaluated qua litatively or quantitatively, to the contents of a 
database, including any substantial change resulti ng from additions, deletions or alterations, which 
would result in the database being considered to be  a substantial investment , evaluated qualitatively or 
quantitatively, the rights of the maker of the changed database shall expire in  fifteen years from the 
making of corresponding changes. In such case, the te rm shall be calculated pursuant to the procedure 
provided for in subsection (2) or (3). 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
 
Chapter IX 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
COLLECTIVE EXERCISE OF RIGHTS 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
§ 76. Organisations representing authors, perf ormers, 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 estab lish associations pursuant to the procedure provided 
by legislation for the collective ex ercise of their copyrights and other rights arising from this Act and 
for the protection of their creative and economic inte rests. 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; 1998, 96, 1515;  1999, 23, 355; 67, 658; 10, 155) with the 
exceptions provided for in this Act. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(2) Rights are represented collectively in the following fields: 
1) public performance of musical and literary works; 
2) communication of musical, literary and artistic work s by radio, television, cable network, satellite 
or by means of other technical devices; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 3) collection and distribution of remuneration for the resale of works of visual art; IP/N/1/EST/C/2 
Page 40  
 
 4) collection of remuneration prescribed for th e private use of audiovisual works and sound 
recordings; 
5) cable retransmission of radio and televi sion broadcasts and programmes (including works 
contained therein); 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
6) reproduction of sound recordi ngs 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
72) the lending of phonograms, films and computer programs; 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
8) other use of works and objects of related rights. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) (3) The rights related to the fields  specified in clauses (2) 3)-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 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into force 
06.01.2000 - RT I 1999, 97, 859) 
(4) Broadcasting organisations may exercise rights rela ted to the fields specified in clause (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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 77. Principles and methods of activities of collective management organisations 
(1) Collective management organisations shall exercise and protect the economic and personal non-
economic rights of their members pursuant to the pro cedure prescribed in their articles of association 
and membership contracts, including: 
1) give their consent to the use of works or object s of related rights (performances, phonograms, radio 
or television broadcasts or programmes) by c oncluding 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 th e conditions necessary for the creative activities of 
Estonian authors and performers, provide social guarantees for them and promote their works abroad;  IP/N/1/EST/C/2 
 Page 41 
 
 
 5) protect and represent the rights of authors and holders of related righ ts 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 or ganisation has, pursuant to law or contract, the 
right to represent authors or holders of related right s, 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 repr esent foreign authors and holders of related rights 
under bilateral or multilateral ag reements concluded with fo reign collective management 
organisations. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
§ 78. Guarantees for members of collective management organisations 
In order to prevent unlawful and unjustified lim itations to copyrights and related rights: 
1) all decisions on remuneration (author’s remunera tion, 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 co llection, distribution and payment of fees, as 
well as the use of collected fees for social or cultu ral purposes, for the founda tion 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 us e 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 orga nisation and the use of their works and the 
remuneration to be obtained by them; 
4) the same rules apply to foreign authors and hol ders of related rights as to Estonian authors; 
5) foreign collective management organisations with  whom bilateral or multila teral 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. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
 IP/N/1/EST/C/2 
Page 42  
 
 § 79. Management of rights related to ca ble retransmission by collective management 
organisations 
(1) Holders of rights related to cable retran smission (clause 76 (2) 5)), except broadcasting 
organisations, may exercise the rights related to cable retransmission only through collective 
management organisations specified in § 76 of this Act. 
(2) (2) If a holder of rights specified in subsec tion (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 organi sation 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 s ubsection (2) of this section has the same rights and obligations 
as a rightholder who is represented by such coll ective 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 ri ghts, within three years from the date of the 
retransmission which includes the object of the right holder’s rights specified in subsection (1) of this 
section. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) § 79
1. Exercise of broadcasting rights by collective management organisations 
(1) The provisions of subsections 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 si mulcasts a terrestrial broadcast by the same 
broadcaster. 
(2) A rightholder represented by a collective mana gement 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
Chapter X 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
PROTECTION OF RIGHTS AND LIABILITY 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
§ 80. General principles of liability 
(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 legisl ation, as well as a violation of the requirements 
provided by copyright legislation shall result in  civil, criminal or administrative liability.  IP/N/1/EST/C/2 
 Page 43 
 
 
 (2) The provisions concerning the protection of copyri ght and related rights apply to the protection of 
the rights of makers of databases (Chapter VIII1) unless otherwise provided by law. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
 
§ 801. Pirated copy 
(1) For the purposes of this Act, “pirated copy” means a copy, in any form and whether or not with a 
corresponding packaging, of a work or object of related rights which has been reproduced in any 
country without the authorisation of the author of the work, holder of copyright or holder of related 
rights. 
(21.01.1999 entered into force 15.02.1999 – RT I 2000, 859, 156; 09.12.1999 entered into force 
06.01.2000 - RT I 1999, 97, 78) 
(2) “Pirated copy” means also a copy of a work or  object of related rights which has been reproduced 
in a foreign state with the authorisation of the auth or of the work, holder of copyright or holder of 
related rights but which is distributed or is going to be distributed in Estonia without the authorisation 
of the author, holder of copyright or holder of related rights. 
(27.09.00 entered into force 22.10.00 - RT I 2000, 78, 497) 
§ 802. Trading in pirated copies 
“Trading in pirated copies” means the sale, rental, offe r for sale or offer for rental of pirated copies 
and the storage, possession and distribution of pirated copies for commercial purposes. 
(27.09.00 entered into force 22.10.00 - RT I 2000, 78, 497) 
§ 81. Protection of copyright a nd 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 othe r 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 § 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; 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 represen tative thereof pursuant to clause (2) 2) of this 
section is included in a criminal matter or matter regarding an administrative offence arising from a 
violation of copyright legislation, then, upon the re ndering of a decision in the same matter ordering 
seizure of the assets acquired as a result of the crimin al offence or administrative offence, the same 
amount of money or an equivalent of the seized as sets in money shall be ordered to be paid or 
delivered to the entitled person by the same decision. IP/N/1/EST/C/2 
Page 44  
 
 (4) If, as a result of a violation of copyright le gislation, 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 th is section do not apply to works of architecture. 
(6) It is prohibited to transfer pirated copies to th e author, holder of related rights or a representative 
thereof. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
§ 82. Protection of copyright and related rights under criminal law 
(1) If a natural person infringes copyright or rela ted rights or violates requirements provided by 
copyright legislation in the interests of a legal pers on, 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; 36/37, 552; 51, 756) 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 Administrativ e Offences (RT 1999, 41, 
496; 58, 608; 95, 843) together with the specificati ons 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, 27, 380; 95, 845) shall be taken as the basis in the execution of a 
decision imposing a fine on a legal person which h as committed an administrative offence and of a 
decision rendered pursuant to the procedure provi ded for in subsection 81 (3) of this Act. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
§ 83. Administrative lia bility of legal persons 
(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 fo r a violation of requirements provided by copyright 
legislation by a legal person, except in the cases specified in subsections (2)-(6) of this section. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(2) A fine in the amount of 50 000 kroons to 100 00 0 kroons is imposed for trading in pirated copies 
by a legal person. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(3) A fine in the amount of 50 000 kroons to 15 0 000 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 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into force 
06.01.2000 - RT I 1999, 97, 859)  IP/N/1/EST/C/2 
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 (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 illega l reproduction of works 
or against the illegal reception of signals transmitted via satellite or cable. 
(21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into force 
06.01.2000 - RT I 1999, 97, 859) 
(5) A fine in the amount of 7500 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 w ithout the consent of the author of the work, holder 
of copyright or holder of related rights. 
(21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into force 
06.01.2000 - RT I 1999, 97, 859) 
§ 84. Proceedings in matters concerning ad ministrative offences of legal persons 
(1) In the case of an administrativ e 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 subsections 83 
(1) – (3) of this Act; 
2) police officials. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(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 offen ce; reference to the corresponding subsection of § 83 of this Act 
which prescribes liability for such ad ministrative offence; statement by the representative of the 
offender and other information which is necessar y for the correct adjudication of the matter. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(3) Matters regarding administrative offences specified  in § 83 of this Act are heard by administrative 
court judges. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(4) In the hearing of matters regarding administrati ve offences specified in § 83 of this Act, the 
following objects are subject to seizure: 
1) the object used to commit the administrative offe nce, except in the cases speci fied in subsection 83 
(5) where the court may seize the computer sy stem which is the object used to commit an 
administrative offence; IP/N/1/EST/C/2 
Page 46  
 
 (09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
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 recepti on of signals transmitted via satellite or cable. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
4) pirated copies. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
 
Chapter XI 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
IMPLEMENTATION OF ACT 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
§ 85. Identification of pirated copies and prevention of further circulation thereof 
(1) In civil, criminal or administrative procedure,  the following is taken as the basis for considering a 
copy of a work to be a pirated copy: 
1) statements given and documents provided by the author, holder of the author’s rights or holder of 
related rights or by a representative thereof, legal copies of the work or any other factual information 
received from the above-mentioned persons; or 
2) the absence of a required special marking on th e 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 h as the right to file an action in court against the 
person who sold or transferred the pirated copy to that person. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) § 86. Further handling of seized computer system 
(1) A computer system which has been seized in  a matter regarding an administrative offence 
specified in § 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 comput er program installed in the computer without the 
consent of the author or holder of the author’s right s and shall transfer the computer system to a state 
or municipal educational institution or any other e ducational institution in public law free of charge 
and for permanent use within the frame work of the Tiger Leap programme.  IP/N/1/EST/C/2 
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 (21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
§ 87. Copyright committee 
(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 Repub lic for amendment of copyright legislation and 
accession to international agreements; 
4) resolve, at the request of the parties, disput es related to copyright and related rights by way of 
conciliation of the parties; 
5) perform other functions assigned to the co mmittee by the Government of the Republic. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(11) 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(12) The committee shall resolve a dispute by a decision making specific proposals to the parties 
therefore. 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 th at they have accepted the proposals made in the 
decision. If a party fails to notify that the party do es not agree with the decision within three months 
or notifies that the party agrees with the decision bu t 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 entered into force 06.01.2000 - RT I 1999, 97, 859) (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 ri ght of recourse to the courts concerning the same 
dispute. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
(3) The committee shall provide an overview of complia nce 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 Go vernment of the Republic twice a year and, if 
necessary, shall make proposals for the im provement of activities in this field. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) IP/N/1/EST/C/2 
Page 48  
 
 (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. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
§ 87
1. Negotiations and resolution of disputes in respect of rights managed only by collective 
management organisations 
(1) In the cases provided for in clauses 76 (2) 3) – 5) and 71) 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 negotia tions 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 therefore. 
(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 (§ 87) or one or several pers ons who have been selected by the parties and 
whose independence and impartiality are beyond reas onable doubt may act as mediators. If the parties 
do not have recourse to the copyright co mmittee, the provisions of subsection 87 (12) of this Act shall 
be applied to the decision of a mediator. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 88. 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 entered into force 06.01.2000 - RT I 1999, 97, 859) (1) This Act also extends to works and results of  the work of performers, producers of phonograms or 
broadcasting organisations which ar e created before 12 December 1992. 
(21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into force 
06.01.2000 - RT I 1999, 97, 859) 
(2) The requirements established by this Act for the use of works and results of the work of 
performers, producers of phonograms or broadcasti ng organisations do not extend to cases where use 
occurred before 12 December 1992. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156; 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
(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 re putation shall be protected by the Ministry of 
Culture (subsection 44 (1)). This provision al so applies to performers (subsection 74 (4)). 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
§ 88
1. Application of specific provisions of Act 
(1) Section 15 of this Act also applies in respect  of the states party to the Berne Convention for the 
Protection of Literary and Artistic Works which ensu re 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.  IP/N/1/EST/C/2 
 Page 49 
 
 
 (2) The copyright provisions of this Act also appl y in respect of the citizens and permanent residents 
of the contracting states of the World Trade Organisation (WTO) pursuant to Agreement on the 
Trade-Related Aspects of Intellectual Property Right s 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 perman ent residents of the Republic of Estonia the same 
level of protection as that prescribed in Article 14t er of the Berne Convention for the Protection of 
Literary and Artistic Works. 
(4) Section 741 of this Act does not apply in respect of the contracting states of the Berne Convention 
for the Protection of Literary and Artistic Works and the World Trade Organisation. 
(5) The provisions of clauses 67 (2) 1)-3) and 7) of  this Act and other provisions arising from the 
given section of this Act apply in respect of pers ons who are citizens of a contracting state of the 
World Trade Organisation. 
(6) The provisions of clauses 70 (1) 1) and 4) of this Act and other provisions arising from the given 
section of this Act apply in respect of producers of  phonograms who are citizens of a contracting state 
of the World Trade Organisation, or in respect of le gal persons which have their registered office in a 
contracting state of the World Trade Organisation. 
(7) The provisions of clauses 73 (1) 1), 2), 4) and 5)  of this Act and other provisions arising from the 
given section of this Act apply in respect of broa dcasting organisations whic h have their headquarters 
in the territory of a contracting state of the World Trade Organisation. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 89. Implementing Acts 
(1) The Government of the Republic or, by its author isation, the Minister of Culture has the right to 
issue regulations for the implementation of copyri ghts provided for in §§ 13 and 15 of this Act. 
(11) Subsection 13 (6) and § 271 of this Act enter into force on 1 January 2002. 
(15.02.00 entered into force 22.02.00 - RT I 2000, 13, 94) 
(2) The Government of the Republic has the ri ght to establish requirements for documenting the 
circulation of certain objects of related rights. 
(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156) 
  
 
 
 
 
 
 IP/N/1/EST/C/2 
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 Chapter XII 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
PROVISIONS WHICH ENTER INTO FORCE UPON ACCESSION TO EUROPEAN UNION 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 90. Protection of databases 
(1) The first sale in a Member State of the European  Union of a copy of a database by the author or 
with his or her consent shall exhaust the right of th e author as provided for in  clause 13 (1) 2) of this 
Act to control resale of that co py 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 exhaus t the right of the maker of the database as provided 
for in clause 75
4 (2) 2) of this Act to control resale of  that copy within the European Union. 
(3) The provisions of Chapter VIII1 of this Act also apply if: 
1) the maker of a database or rightholder is a citi zen 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 th e 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 91. Protection of computer programs 
The first sale in a Member State of the European Union of a copy of a computer program by its author 
or with his or her consent shall exhaust the right of the author provided for in clause 13 (1) 2) of this 
Act to distribute that copy with in the European Union, with the exception of the right to rent the 
program or a copy thereof. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 92. Terms of protection 
(1) Where the country of origin of a work, within  the meaning of subsection 4 of Article 5 of the 
Berne Convention, is a third country, and the author of the work is not a citizen of a Member State of 
the European Union, the term of protection of copy right in the European Union shall expire within a 
period prescribed by the law of the country of origin of the work, but may not exceed the term 
specified in subsection 38 (1). 
(2) The terms of protection prescribed in § 74 of this  Act also apply in respect of holders of related 
rights who are not citizens of a Member State of the European Union, provided that the Member 
States grant them protection. Such rights shall e xpire within a period prescribed by the law of the 
Member State of which the rightholder is a citizen, but may not exceed the term prescribed in § 74, 
unless otherwise prescribed by an international agreement.  IP/N/1/EST/C/2 
 Page 51 
 
 
 (3) The terms of protection provided for in Chapter VI, and §§ 74 and 757 of this Act apply to all 
works and objects of related rights which are protected in at least one Member State of the European 
Union. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 93. Related rights 
(1) Section 741 and Chapter VIII1 of this Act also apply in respect of citizens and permanent residents 
of the Member States of the European Union and in respect of legal persons which have their 
registered office in a Member State of the European Union. 
(2) The Government of the Republic or, by its author isation, 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 94. Rental right and lending right 
The distribution right prescribed in Chapter VIII of th is 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 95. Communication to public by satellite 
(1) The act of communication to the public by sate llite occurs solely in the Member State where, 
under the control and responsibility of the broadcas ting organisation, the programme-carrying signals 
are introduced into an uninterrupted chain of comm unication leading to the satellite and down towards 
the earth. 
(2) If an act of communication to the public by sat ellite occurs in a non-Community State which does 
not provide the level of protection provided for in this Act, then: 
1) if the programme-carrying signals are transmitted to  the satellite from an uplink station situated in a 
Member State of the European Union, that act of  communication to the public by satellite is deemed 
to have occurred in that Member State and the righ ts 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 occurre d 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 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 96. Cable retransmission 
For the purposes of this Act, “cable retransm ission” 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 Europ ean Union, by wire or over the air, including 
that by satellite, of television or radio pr ogrammes intended for reception by the public. IP/N/1/EST/C/2 
Page 52  
 
 (09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 97. Application of this Chapter to countri es party to European Free Trade Association 
(EFTA) 
Pursuant to an international agreement of the Republic  of Estonia, this Chapter applies in the territory 
of the European Economic Area which, in addition  to the Member States of the European Union, 
covers the Republic of Iceland, the Principalit y of Liechtenstein and the Kingdom of Norway. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
§ 98. Entry into force of this Chapter 
The provisions of this Chapter en ter into force by a separate Act. 
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859) 
__________