According to the Copyright Act, the author has the exclusive right to authorize the transmission of his or her works by radio, television, cable network, satellite and other types of technology.
Given the thousands of works that the broadcasting station uses in its program, communicating directly with all the authors and publishers would be extremely difficult, if not impossible. To illustrate this statement, it is sufficient to say that, for example, Estonian Radio broadcasts musical works approximately 230,000 times a year in its programs. Yet it would be almost impossible for every individual author and music publisher to monitor the use of their works by all broadcasting stations. A much more sufficient and worldwidely common way is obtaining the transmission licences through collective management organisations aka authors' societies.
Therefore, all radio and television organizations, cable operators and others who broadcast shows and programs (including films) must obtain the appropriate authorization also known as a corresponding contract from EAÜ for the transmission of the musical works contained therein. These contracts must be signed by the parties.
In terms of the Copyright Act it is also irrelevant whether it is a first time transmission or a retransmission of musical works. Therefore, for example, cable television companies which broadcast programs from other television stations must seek permission from both the television station (to use its program) and EAÜ to use the musical works contained within that program.
For signing a contract and further advice, please contact a consultant at Estonian Authors' Society .
Marika Mäeorg, tel. 6 684 368