Triniti has successfully persuaded the Tallinn Circuit Court of Appeal to uphold the judgment of the District Court in a dispute between Estonian individual Katrin Lust and prominent chiropractor and entertainer Allan Gary Oolo involving an episode of the Estonian TV show Kuuuurija.
Oolo had demanded that Lust issue a public retraction of statements made in the episode, as well as demanding compensation for damages. Oolo claimed that Lust had violated his copyright by using Oolo’s videos, and Oolo also demanded that Lust identify Allan Gary Oolo as a physician. Among other things, the “Kuuuurija” episode reported that Oolo had never actually studied to become a doctor, instead simply adopting the title “Dr.” without official certification.
Back in February, 2020, the District Court dismissed Oolo’s claims against Lust in their entirety.
The recent decision of the Tallinn Circuit Court of Appeal upholding that dismissal, Triniti reports, means that "the courts, in brief, found that the press can have the right to use works protected by copyright without the author’s consent and without paying royalties,” and also considered the question of “whether the press has the right to use personal data if the person has previously disclosed the data about themselves." The firm reports that "the courts’ answer to this was affirmative. Again – the reporter always has to consider whether using personal data is necessary, whether the requirements arising from the code of ethics are being complied with, and that the subject is not caused excess harm.”
The court’s ruling has not yet entered into force.
Triniti’s team included Partner Karmen Turk and Associate Maarja Pild.