Summary

Broadcasting stations use musical works either by way of transmission or reproduction. In both cases, a license for use of works is required. The best way to grant and obtain such licences is to set up a corresponding collecting society. The role of a collecting society in Estonia is played by the Estonian Authors’ Society which was established in 1991 and which is a legal successor of the Estonian Authors’ Protection Society established in 1932. The Estonian Authors’ Society negotiates with possessors of broadcasting stations on the basis of the rights assigned to it by authors, their successors and publishers of musical works. Since no broadcasting station can survive without transmission of musical works, they are interested in reaching an agreement with the authors’ society. However, one of the main issues which gives rise to heated discussions is the amount of remuneration payable to authors since under the Estonian Copyright Act the amount of such remuneration is subject to agreement between the parties. On international level, there are two methods for payment of remuneration to authors: first, broadcasting stations pay for the actual use of works and the amount of remuneration is calculated based on the duration of the transmission of musical works in minutes or seconds, and second, broadcasting stations have the right to transmit musical works represented by a collecting society 24 hours a day annually and the amount of remuneration is calculated based on the total turnover of the broadcasting station. The second method which is easy to use is also applied in Estonia. Despite disagreement between broadcasting stations and the Estonian Authors’ Society concerning the amount of remuneration payable to authors, broadcasting stations are still required to obtain licenses for use of musical works since the use of works without a license is regarded as use without legal basis which may bring about civil, administrative or criminal liability. In cases where a broadcasting station has obtained a license but its economic activities are not successful, authors should still receive a minimum remuneration for use of their works by the station.