|
General
As in the majority of continental European countries, Estonian copyright law is conceived as author-rights. In every case, the original owner of copyright can only be a natural person (author in the sense of creator of the intellectual work); legal entities can either be original owners of related copyright law (“ancillary copyrights”) or the owners of individual licenses derived from the author.
Furthermore, Estonian copyright law embraces relatively strongly distinguished copyright-personality laws, some of which cannot be renounced, (such as the right to claim authorship, protection against relevant adaptations, etc.).
In correspondence to an EU directive, the 70-year post mortem protection term for authors generally applies in Estonia. This protection term applies to films following an amendment to the Copyright Law in 1999; the term commences only after the year following the death of the last-deceased member of the group of persons consisting of the director, the shooting-script author, shooting-script dialogue writer or composer of the music especially created for the film.
Film copyright law
The so-called “cessio legis” rule set out in the Copyright Act (CA) which applies to commercially produced films (viz. the vast majority of all film productions) places the film authors´ rights of exploitation (especially those of the principal director) from the very outset in the hands of the film producer, who may dispose of them alone.
The “cessio legis” does not cover the transfer of exploitation rights and/or granting of work usage rights to pre-existing works used for the creation of the film (e.g. novel, shooting- script, music). The film producer must
acquire these rights contractually.
Special regulations apply to performers participating in the production of the film (actors, singers, dancers, etc.). To the extent,
that they participate in the performance of a work of literature or music within the scope of the film’s production, they are entitled to specific (restricted) ancillary copyrights.
The film producer, is entitled to ancillary copyrights both as producer of moving pictures and of sound-carriers.
Copyright owner and employee
Regarding copyright laws with respect to a protected work (e.g. literature, fine art, music, computer programs), the author is deemed to be the person who has created it. This applies also to non-self-employedworkers. Waiving copyright ownership as such would not have legal effect. The employee can, however, transfer exclusive and unrestricted work-usage rights to a work protected under copyright to his/her employer, in which case the employer and employee must reach a corresponding contractual agreement (in general, non-specific as to formulation) - such as is generally the case in the collective bargaining agreement of filmmakers. Copyright-law exploitation rights are transferred, with certain restrictions, to the employer (production company).
Links: www.kul.ee, www.eau.org
Trade law and labour law
Film production constitutes a free trade industry, which does not require specific registration or authorisation by government trade authorities.
EU production companies (i.e. those with headquarters in an EEA country) may carry out their activities in Estonia, thanks to the business service freedom they enjoy, as long as they have received the requisite entitlement to do so in the country of their headquarters.
There are no specific labour law requirements for filmmakers in Estonia.
Estonia has no trade unions of film professionals. |
