Copyrights Law in Estonia
Estonia's copyright law is governed by the Copyright Act, which has been consolidated as of January 1, 2023. This Act aligns with European Union directives, particularly the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive), and the Directive (EU) 2019/789 on cross-border broadcasting (SatCab Directive) .(WIPO)
📚 Key Provisions of the Copyright Act
1. Automatic Copyright Protection
Copyright protection in Estonia arises automatically upon the creation of a work, provided it is original and fixed in a tangible medium. No formal registration is required, although registration with the Estonian Intellectual Property Office can serve as evidence of authorship.
2. Protected Works
The Act protects a wide range of works, including:
Literary works (e.g., books, articles)
Musical compositions(riigiteataja.ee)
Artistic works (e.g., paintings, sculptures)
Dramatic and dramatico-musical works
Photographic works
Audiovisual works
Computer programs
Architectural works
Maps, plans, and sketches
These works must be original and fixed in a tangible form to qualify for protection.
3. Duration of Protection
The duration of copyright protection varies:
General works: Author's lifetime plus 70 years
Joint works: 70 years from the death of the last surviving author
Posthumous works: 70 years from the date of publication
Collective works: 70 years from the date the work was made or first made available to the public
Photographic works: 25 years from the making of the work
Audiovisual works: 70 years from the making of the work or communication to the public, whichever is later
These terms apply irrespective of when the work is lawfully released.
4. Related Rights
The Act also recognizes related rights for:(Sorainen)
Performers(WIPO Lex)
Producers of phonograms
Audiovisual producers(WIPO Lex)
Broadcasting organizations
Publishers of press publications
Producers of non-original databases
These rights are protected under Estonian law and are distinct from copyright.(Freedom House)
5. Exceptions and Limitations
The Act provides for certain exceptions and limitations to copyright protection, including:(Eesti Autorite Ãœhing)
Text and data mining: Permits the use of works for text and data mining for scientific research purposes, unless the author has explicitly reserved the right .(Digital Policy Alert)
Educational use: Allows the use of works for teaching purposes within educational institutions .
Preservation of cultural heritage: Enables cultural heritage institutions to use works for non-commercial purposes, provided the works are out of commerce and the author is credited .(riigiteataja.ee)
6. Notification Obligation
As of June 7, 2022, a general notification obligation was introduced. Any person using a work or performance under an author's contract must provide timely, relevant, and sufficient information to the author or performer at least once a year. This includes details about the manner of use, revenue received, and remuneration due .(Sorainen)
7. Enforcement and Dispute Resolution
Disputes related to copyright and related rights are adjudicated by the Harju County Court .(WIPO)
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