Court battle over Eurovision song could complicate music teaching and live performances
An Estonian court ruled that even minor alterations to a song in performance require the author's permission, potentially affecting music education and concert organizers.
The case, filed in Harju District Court in July 2024, concerns the 2023 Estonian Film and Television Awards gala organized by the Estonian Film Institute (EFI). During the event, Tanel Padar and Dave Benton performed the 2001 Eurovision-winning song "Everybody."
The composer (Must) argued that the performance differed significantly from the original: the introduction included Earth, Wind & Fire's "In the Stone," female backing vocalists replaced male ones, the tempo was slower, a violin part was missing, and the ending had altered piano notes and rhythm.
EFI claimed the changes were not substantial and appealed the initial ruling. The Tallinn Circuit Court upheld the decision, ordering EFI to pay Must €9,068 plus legal costs. The court stated that copyright law protects the sonic form of a work, and the author's consent is required for any changes, not just creative reworkings.
EFI's attorney Toomas Seppel warned that the ruling could set a precedent: if performers alter a work even slightly (in tempo, lineup, etc.), they would need separate permission from the author. This could complicate concert organizing and music teaching, as pedagogical simplifications for students might constitute copyright infringement.
Must's attorney Anneli Aab disagreed, arguing the ruling reinforces existing rights dating back to 1992 and does not change the system. Estonian Authors' Society director Mati Kaalep acknowledged mixed implications: while the decision supports authors' rights, it may create unpredictability for small technical changes. He noted that sampling is unlikely to be affected directly, but live performances will be impacted.
EFI plans to appeal the decision.
