If you wish to act as a collective management organisation that enters into a European multi-territorial licence agreements for online rights in musical works, you should submit a notice of economic activities to the Register of Economic Activities.
Legal bases
Activities of a collective management organization that enters into a European multi-territorial licence agreements for online rights in musical works is regulated by:
- Copyright Act
- General Part of the Economic Activities Code Act
- Directive 2014/26/EU of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market.
Requirements to the submitter
A collective management organisation that enters into European multi-territorial licence agreements on online rights in musical works, has sufficient capacity to process electronically, in an efficient and transparent manner, data needed for the administration of such agreements, including for the purposes of identifying the repertoire and monitoring its use, invoicing users, collecting rights revenue and distributing amounts due to rightholders.
European multi-territorial licence agreements on online rights in musical works can be concluded by a collective management organisation that complies at least with the following conditions:
- the ability to identify accurately the musical works, wholly or in part, for the representation of which the collective management organisation has entered into an agreement;
- the ability to identify accurately, wholly or in part, with respect to each relevant territory, the rights and their corresponding rightholders for each musical work or share therein, for the representation of which the collective management organisation has entered into an agreement;
- the ability to make use of unique identifiers in order to identify rightholders and musical works, taking into account, as far as possible, voluntary industry standards and practices developed at international level, the European Union level, or the EEA level;
- the ability to make use of adequate means in order to identify and resolve in a timely and effective manner inconsistencies in data held by other collective management organisations entering into European multi-territorial licence agreements on online rights in musical works.
Cross-border operation
An organisation founded in any legal form in any other Member State of the European Union or a state which is a contracting party to the EEA Agreement, which meets the characteristics of a collective management organisation, shall be deemed, within the meaning of this Act, as a collective management organisation that is entitled, inter alia, to collectively exercise the rights of the rightholders also in case of mandatory collective management. Meaning that an organisation established in such countries has the same legal capacity as a CMO established in Estonia.
Filling in and submission of a notice
A notice of economic activities contains the following information:
- in the case of an undertaking which is a legal person the name and registry code, in the absence thereof the relevant identification code of the country of its seat (the numerical or letter combination equal to the registration number), in the case of a sole proprietor the name and registry code, in the absence thereof the personal identification code or date of birth and the name and number of the identity document
- contact details (telephone number, e-mail address and postal address) of the undertaking
- in the case of an undertaking of another Contracting State or a third country, the address of its seat if it differs from the postal address
- the name of the area of activity pursuant to law and the name and code in accordance with the classification established on the basis of subsection 4 (6) of the Commercial Code
- the date of commencement of economic activities in the relevant area of activity if it differs from the date of submission of the notice of economic activities
- the date of termination of economic activities if the economic activities are planned for a specified term
- the name and contact details (telephone number and e-mail) of the person signing the notice, in the case of a legal person also the basis for representation (member of the management board or authorisation)
- information on the categories of the rightholders whose rights are exercised collectively,
- information on the rights or categories of rights exercised by the person submitting the notice of economic activities.
A notice of economic activities can be submitted:
- by entering the Register of Economic Activities (authentication is needed)
- digitally signed application via e-mail: [email protected]
- via a notary
Changing the data of a notice of economic activities
Upon a change in the general information concerning economic activities an undertaking notifies the registrar thereof promptly, but no later than within five working days, specifying the changed information in the notice (hereinafter notice on a change in the general information concerning economic activities).
Enterpreneur can change the data directly in the register as well by:
- entering the Register of Economic Activities (authentication is needed)
- Submitting a digitally signed application via e-mail: [email protected]
- Sending regular mail to the Consumer Protection and Technical Regulatory Authority (Endla 10a, 10122 Tallinn)
Discontinuation of economic activities
An undertaking notifies the registrar of renouncement of economic activities, setting out in the notice the time of renouncement of economic activities (hereinafter notice on renouncement of economic activities).
If economic activities are renounced for a certain term, the undertaking may give notice of the dates of renouncement and re-commencement of economic activities (hereinafter notice on temporary renouncement of economic activities).
A notice can be submitted by:
- entering the Register of Economic Activities (authentication is needed)
- Submitting a digitally signed application via e-mail: [email protected]
- Sending regular mail to the Consumer Protection and Technical Regulatory Authority (Endla 10a, 10122 Tallinn)
Supervision
Estonian Patent Office is responsible for the state supervision.
Contact details
Substantive information
Kärt Nemvalts, Ministry of Justice, phone: +372 6 208 283; e-mail: [email protected]
Register information and technical issues
Register of Economic Activities, tel: +372 668 7080, e-mail: [email protected]