Estonia has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in §23 of the Copyright Act. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the ephemeral recordings of works by broadcasters, when they have the right to broadcast and on the condition that such recordings are made by means of beneficiaries' own facilities and used for their own broadcasts. The broadcaster is required to destroy said recordings within thirty days as of the making thereof unless otherwise agreed with the author of the work thus recorded, or if they have considerable value in terms of cultural history. In the latter case, the recordings can be preserved in the archives of the broadcaster as works of solely documentary character.

Implementation details:

Beneficiaries:

• broadcasters

Purposes:

• for the beneficiaries' own broadcasts
• archivation

Usage:

• ephemeral recordings
• reproduction

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts
• press publications

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• broadcasters must have the right to broadcast the respective works
• recordings must be made by means of beneficiaries' own facilities
• recordings must be used for beneficiaries' own broadcasts
• the broadcaster is required to destroy recordings within thirty days as of the making thereof unless otherwise agreed with the author of the work thus recorded
• if the recordings have considerable value in terms of cultural history, they may be preserved in the archives of the broadcaster as works of solely documentary character

Introduced/last updated: 30 June 2006

Remarks: Under §23, works to be preserved in the archives shall be decided on by the broadcasting service provider or, in the case of a dispute, by the State Archivist.

The exception is extended to related rights in § 75, para 1(5)of the CA.