Copyright comprises the author's moral and economic rights and arises automatically in literary, artistic and scientific works. In Estonia, it is principally governed by the Copyright Act.
A work is an original result in literature, art or science, expressed in an objective form that can be perceived and reproduced directly or by technical means.
A work is original if it results from its author's own intellectual creation.
How does copyright arise?
Copyright arises automatically upon creation, when the work is expressed in an objective form allowing perception, reproduction or fixation. Registration, deposit or other formalities are not required.
Both unpublished and published works are protected. The public means people outside the family and closest circle of acquaintances.
What is infringement?
Infringement violates an author's or rights holder's moral or economic rights.
It occurs when a protected work or part of it is used without consent or beyond the scope of permission.
It does not matter whether the infringer knows that the work is protected or that it was made available online unlawfully.
What can a rights holder claim?
Under the Law of Obligations Act, an author or holder of related rights may seek:
- Compensation for financial and non-financial loss.
- An end to unlawful use and prevention of further infringement.
- Restitution of benefits obtained through infringement.
Where a work or object of related rights has been unlawfully published, reproduced, distributed or altered, the holder may demand:
- Restoration to its original form.
- Modification of the infringing copy by specific means.
- Destruction of a pirated copy.
If you have copyright questions or want to enforce your rights, contact us to find an appropriate solution.