LEADELL Pilv helped to shape legal practice
The main question in the dispute was that did Orkla Eesti AS infringe Ivar Must’s copyrights in its advertisement campaign ,,Põltsamaa ehtne ja hea’’ (Põltsamaa real and good). The county court found that the advertisements background sound which sounds through its verbal parts background contains merely occasional coincidences and similarities and does not infringe copyright. The circuit court however agreed with Ivar Must that Orkla Eesti AS in its advertisements ,,Põltsamaa ehtne ja hea’’ has used authors 1994 original music audio edits without Ivar Must’s permission and without any payment at least in the years 2013-2016.
According to the circuit court’s decision Orkla Eesti AS has infringed Ivar Must’s copyrights, they can be reproached in breach of VAT liability and negligence and the court partially satisfied Ivar Must’s monetary compensation claim. The decision confirms that copyrights must be respected and that in their daily economic and professional activities as well as copyright infringement is unlawful.
The circuit court’s decision has not entered into force and both parties have a right to file an appeal in cassation to the Supreme Court.