A full report of this case has been published on Kluwer IP Law.
In this interesting case, the Supreme Court of Estonia examined whether the answers given by the claimant in the framework of an interview are works protectable by copyright. Section 4(6) of the Copyright Act stipulates that the protection of a work by copyright is presumed except if, based on this Act or other copyright legislation, there are apparent circumstances which preclude this. The burden of proof lies with the person who contests the protection of a work by copyright. In the present case, it must be presumed that the claimant’s answers are copyrightable subject matter and the defendant has the burden of proving otherwise. The Supreme Court stressed that the claimant is an author and has the exclusive right to authorise or prohibit any use of her copyright work, including the reproduction of her oral speech in a book.
Want to see the full report? For a free trial of Kluwer IP Law please click here
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Copyright Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
