Copyright

Copyright is a subdivision of intellectual property, which protects literary, artistic and scientific works.

In accordance with the Copyright Act the works in which copyright subsists are:

  • original, the author’s own intellectual creation
  • expressed in an objective form, and it can be perceived
  • reproduced either directly or by means of technical devices
  • created in the literary, artistic or scientific field
  • Copyright in a work is created with the creation of the work.

The registration or of a work or completion of other formalities is not required for the creation or exercise of copyright.

There is an example list of works protected by copyright in the Copyright Act. In addition to classical literary, artistic and scientific works are also mentioned scientific works or works of popular science, either written or three-dimensional; computer programs; speeches; lectures; aadresses; sermons; scripts; audiovisual works; works of design and fashion design; draft legislation, standards and draft standards; opinions, reviews etc.

The Copyright Act also constitutes a list of results of intellectual activities to which the Act does not apply. These are:

  • 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;
  • works of folklore;
  • legislation and administrative documents (acts, decrees, regulations, statutes, instructions, directives) and official translations thereof;
  • court decisions and official translations thereof;
  • official symbols of the state and insignia of organisations (flags, coats of arms, orders, medals, badges, etc.);
  • news of the day;
  • facts and data;
  • ideas and principles which underlie any element of a computer programm.

Moral rights and economic rights constitute the content of copyright.

Moral rights protect the author’s spiritual and moral connection with his work. Moral rights are inseparable from the author and are not transferable. More about moral rights can be found in the Copyright Act’s section 12 subsection 1.

Economic rights are transferable as single rights or a set of rights for a charge or free of charge. The author may also keep the rights and give licenses. The list of the author’s economic rights can be found in the Copyright Act’s section 13 subsection 1.

For more information about copyrights and related rights see autor.ee.