Ivar Must and the Estonian Film Institute (EFI) are in a legal dispute over the use of the song "Everybody". The song won the Eurovision Song Contest in 2001. EFI used a modified version of the song at an event, but Ivar Must believes this violated his copyright.
EFI organized a gala where a modified version of "Everybody" was performed. Ivar Must did not grant special permission for this. He found that the song was altered too much. For example, the tempo was different, the violin part was missing, and the piano part was different.
EFI believes the changes were minor. They stated that the changes were technical, not creative. The court ruled in favor of Ivar Must. EFI now has to pay him compensation.
This court decision may change how musical works can be used. Until now, music could be used under the EAÜ license. Now, special permission from the author may be required if the work is slightly modified, such as changing the tempo or instrumentation.
This may also affect the work of music schools. Teachers often simplify music so that students can play it. If author permission is needed for every modification, teaching becomes more difficult.
EAÜ CEO Mati Kaalep said the situation is complex. On one hand, authors want to protect their rights. On the other hand, the use of music must remain straightforward. He worries that if many disputes arise, EAÜ cannot be certain about which permissions to grant.
The court decision does not affect "sampling", where the work of other authors is used. For that, author permission is already required. The decision rather affects live performances where works are slightly modified.