The Estonian Authors’ Society (EAÜ) sued Tallinn Concert Club OÜ and Worex Music OÜ, who jointly organised two public concerts but did not acquire licences for the public performance of copyrighted works. The court satisfied the claim in full and emphasised that the author cannot exercise his or her rights (therefore cannot legally waive his or her right to claim a licence fee for public performance of works) during the period where a collective management organisation is representing the copyrights of the author pursuant to law or a transaction. The court also pointed out that if several persons organise the communication of a work to the public, one of them shall apply for the authorisation under an agreement between the persons.
Case date: 1 July 2019
Case number: 2-18-9786
Court: County Court of Harju
A full summary of this case has been published on Kluwer IP Law