Difference between revisions of "Estonia/3.0"

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Language

• Are there translated versions of the unported licenses? {{#if: Yes|Has translations::Yes
  • List the language codes for any translated licenses: {{#if: |{{#arraymap: |,|xyz|Translated license language::xyz}}|(add data)}}|(add data)}}

• Are there re-translated versions (into English) of the ported licenses? {{#if: |Has retranslations::
  • Which licenses in this jurisdiction have re-translations into English? {{#if: |{{#arraymap: |,|xyz|Retranslated licenses::xyz}}|(add data)}}
    • What are the URLs to the re-translated license? {{#if: |{{#arraymap: |,|xyz|Retranslation URL::xyz}}|(add data)}}|(add data)}}

Pre-port Questionnaire

Has the jurisdiction completed a pre-port questionnaire? Completed PPQ::Yes

• What is the duration of copyright in your jurisdiction? Copyright duration::Author plus 70 years

• Are your jurisdiction's copyright laws derived from or closely mirror another jurisdiction's laws (e.g., based on the French copyright law)? Mirrors another jurisdiction::No
  • Identify those jurisdiction(s). {{#arraymap: |,|xyz|Mirrors jurisdiction::xyz}}

• What is the official "first" language in your jurisdiction? {{#arraymap: et|,|xyz|First language::xyz}}

• In which language(s) do you intend to port the licenses? {{#arraymap: et|,|xyz|Intended languages::xyz}}

• How does your jurisdiction define "adaptation"? {{#set: Adaptation definition=Derivative Work (adaption) means a work that derives from another Work or is based on another Work or other pre-existing Works, such as a translation, an adaption of an original Work, an arrangement of music or other alterations of literary and artistic works as well as phonograms, performances and audiovisual works or any other form into which a Work may be transformed, changed or adapted, including any other form recognizably derived from the original Work. A Collection is not considered a Derivative Work for the purpose of this Licence. Where the Work is a musical work, performance or phonogram, the synchronization of the Work in time-relation with a moving image (“synching”) will be considered a Derivative Work for the purpose of this Licence.}}Derivative Work (adaption) means a work that derives from another Work or is based on another Work or other pre-existing Works, such as a translation, an adaption of an original Work, an arrangement of music or other alterations of literary and artistic works as well as phonograms, performances and audiovisual works or any other form into which a Work may be transformed, changed or adapted, including any other form recognizably derived from the original Work. A Collection is not considered a Derivative Work for the purpose of this Licence. Where the Work is a musical work, performance or phonogram, the synchronization of the Work in time-relation with a moving image (“synching”) will be considered a Derivative Work for the purpose of this Licence.

• How does your jurisdiction define "work"? {{#set: Work definition=Work means a literary, artistic and a scientific work offered under the terms of this Licence. For the purposes of this Licence a performance of a Work, a phonogram, broadcast, first fixation (record) of a film and a database is considered to be a Work, to the extent it is protected by the Estonian Copyright Act.}}Work means a literary, artistic and a scientific work offered under the terms of this Licence. For the purposes of this Licence a performance of a Work, a phonogram, broadcast, first fixation (record) of a film and a database is considered to be a Work, to the extent it is protected by the Estonian Copyright Act.

• How does your jurisdiction define "distribute"? {{#set: Distribute definition=Distribute means to make available to the public the original Work as well as the copies and Derivative Works of the original Work via sale or other transfer of ownership (including lease and rental).}}Distribute means to make available to the public the original Work as well as the copies and Derivative Works of the original Work via sale or other transfer of ownership (including lease and rental).

• How does your jurisdiction define a "collection" of works protected by copyright? {{#set: Collection definition=Collection means a collection of Works, which, by reason of the selection and arrangement of its content, constitutes intellectual creation into which a Work is included in its entirety and in unmodified form along with one or more other Works, each constituting separate and independent Works that have been assembled into a collective whole, such as periodical publications, anthologies or encyclopaedias. A Work that constitutes a Collection will not be considered a Derivative Work (as defined above) for the purposes of this Licence.}}Collection means a collection of Works, which, by reason of the selection and arrangement of its content, constitutes intellectual creation into which a Work is included in its entirety and in unmodified form along with one or more other Works, each constituting separate and independent Works that have been assembled into a collective whole, such as periodical publications, anthologies or encyclopaedias. A Work that constitutes a Collection will not be considered a Derivative Work (as defined above) for the purposes of this Licence.

• How does your jurisdiction define the "original author" of works protected by copyright? {{#set: Original author definition=}}

• Does your jurisdiction recognize neighboring rights? Recognizes neighboring rights::Yes
  • Which rights? {{#arraymap: Performance, Phonogram, Broadcasts, Other|,|xyz|Has neighboring rights::xyz}}
    • Other: {{#arraymap: The related rights are as follows: 1. Rights of Performers, 2. Producers of Phonograms and 3. Broadcasting Organisations. The chapter VIII in Estonian Copyright Act regulates this part. Unfortunately no official translation from Copyright Act being effective at the current period is compiled.|,|xyz|Other neighboring rights::xyz}}

• Does your jurisdiction protect databases and/or data under copyright law? Protects databases::No

• Does your jurisdiction protect databases and/or data under sui generis protection? Protects data under sui generis::Yes
  • How long is the sui generis term of protection for databases in your jurisdiction? Sui generis length::15 years

• Is there a statutory or compulsory licensing scheme in your jurisdiction? Has licensing scheme::No
  • May the right to collect royalties through that scheme be waived? Right to royalties waivable::Yes

• Are there voluntary licensing schemes? Voluntary licensing schemes::

• Please list the names of all collecting societies in your jurisdiction. {{#arraymap: Eesti Authorite Uhing (Estonian Authors' Society)|,|xyz|Collecting society::xyz}}

• Does your law recognize the concept of "moral rights" of an author? Recognizes moral rights::Yes
  • What types of moral rights are recognized? {{#arraymap: Right of Attribution, Right to Integrity, Right to have a work published anonymously or pseudonymously, Others|,|xyz|Moral rights recognized::xyz}}
    • Others: {{#arraymap: Right of additions to the work, Right of protection of author’s honour and reputation, Right of disclosure of the work, Right of supplementation of the work, Right to withdraw the work, Request that the author's name be removed from the work which is being used|,|xyz|Other moral rights::xyz}}
  • Which of the following terms apply to one or more moral rights in your jurisdiction? {{#arraymap: Life of the author plus _ years|,|xyz|Moral rights term::xyz}}
    • How many years beyond the life of the author (if any)? Moral rights term extra years::70
  • Are those rights waivable by an author? Moral rights waivable::No
  • Can an author license those rights? Moral rights licenseable::Yes

• Does your law contain exceptions and limitations from copyright, such as fair dealing rights? Has CELs::Yes
  • Type: {{#arraymap: Other|,|xyz|Has CEL type::xyz}}
    • Other: {{#arraymap: Free Use|,|xyz|Other CEL::xyz}}

• Does your law permit a licensor to disclaim all warranties when licensing a work? Warranties disclaimable::Yes

• May liability of a licensor under your law be waived or limited? Licensor liability waivable or limitable::Yes
  • Types: {{#arraymap: Disclaim all liability|,|xyz|Has liability limit type::xyz}}

• Are there any mandatory form requirements for licensing copyrights in your jurisdiction that the ported licenses will need to accommodate? License form requirements::Yes

• Are there any other mandatory provisions of law that might cause a deviation between the terms and conditions of the unported licenses and licenses adapted to your jurisdiction's laws? Has other relevant provisions::No
  • Describe: {{#set: Other relevant provision=}}

• Would a court in your jurisdiction treat the CC legal code as a license under copyright? CC code treated as license::No
  • What types of remedies are available for copyright infringement? {{#arraymap: |,|xyz|Infringement remedies::xyz}}
    • Other: {{#arraymap: |,|xyz|Other infringement remedy::xyz}}
    • Damage remedies: {{#arraymap: |,|xyz|Has damage remedies::xyz}}
      • Other: {{#arraymap: |,|xyz|Other damage remedy::xyz}}
  • Would a court in your jurisdiction treat the CC legal code as a contract between the licensor and licensee? Is CC code contract::Yes
    • What types of remedies are available for breach of contract? {{#arraymap: Damages|,|xyz|Has contract infringement remedies::xyz}}
      • Other: {{#arraymap: |,|xyz|Other contract infringement remedy::xyz}}
    • Damage remedies: {{#arraymap: General|,|xyz|Damages for contract infringement::xyz}}
      • Other: {{#arraymap: |,|xyz|Other contract infringement damages remedy::xyz}}

Public Discussion Report

Has the jurisdiction submitted a Public Discussion Report? Completed Public Discussion Report::Yes

Upload report: {{#if: Estonia Public Discussion Report.ods|Download Public Discussion Report|}}

Select all license sections discussed in the uploaded Public Discussion Report: {{#arraymap: |,|xyz|PDR discusses::xyz}}

Substantial Changes Report

Has the jurisdiction submitted a Substantial Changes Report? Completed Substantial Changes Report::

Upload report: {{#if: |[[Media:|Download Substantial Changes Report]]|}}

Select all license sections discussed in the uploaded Substantial Changes Report: {{#arraymap: |,|xyz|SC discusses::xyz}}

{{#set: License jurisdiction=}}