How to protect copyright?

20.08.2019 | Dispute Resolution, Intellectual Property

Copyright is a collection of personal and proprietary rights that the author automatically derives from literary, artistic and scientific works. In Estonia, copyright is primarily governed by copyright law.

A work is any original result in the field of literature, art or science which is expressed in some form and can be perceived and reproduced, either directly or by some technical means.

A work is original if it is the result of the author's own intellectual creation.

How does copyright arise?

Copyright to a work is automatically created when the work is created. A work is considered to be created at the moment when it is expressed in an objective form which enables it to be perceived and reproduced or fixed. Registration, deposit or other formality is not required for the creation and exercise of copyright.

Copyright concerns both unpublished and published (published, publicly accessible) works. The general public is defined as a group of persons outside the family and immediate acquaintance.

What is Copyright Infringement?

Copyright infringement means a violation of the personal or proprietary rights of the author or copyright owner.

Copyright infringement occurs when a copyrighted work or a part of it is used without the consent of the rightholder or contrary to the scope of the right of use.

It is irrelevant whether the infringer is aware of the copyright protection of the work or, for example, that the work has been unlawfully made available on the internet.

What can a copyright owner claim in case of copyright infringement?

In the event of a copyright infringement, the author or the holder of related rights may, inter alia, claim under the Law of Obligations Act:

  • compensation for material and non-material damage;
  • cessation of unlawful use and refrain from further infringement;
  • extradition.

If a work or subject matter of related rights has been published, reproduced, distributed, modified, etc. in violation of copyright law, the creditor may claim:

  • the original restoration of the work or the subject-matter of the copyright;
  • altering by specific means a copy of the work or the subject - matter of related rights; or
  • pirate copy destruction.

If you have any copyright issues or would like to assert your rights in the event of copyright infringement, please contact us and we will help you find an appropriate solution.

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