Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school

Author: Elise Vasamae (Palladium Attorneys at Law)
Published: 24.03.2022
In the recent case of Estonian Performers Union (EEL) v vs. MTÜ Urban Style, the Estonian Supreme Court examined the circumstances that should be taken into account in determining the amount of the equitable remuneration that phonogram producers and performers are entitled to claim if a phonogram published for commercial purposes or a reproduction thereof is used for communication to the public. The court held that when determining the amount of the equitable remuneration, the legal form of the user of the phonograms is not relevant. Instead, the economic value and gain deriving from the use of the phonograms are…