EKRE politician hit with copyright claim after using Alo Mattiisen song in political ad
On June 8, a political ad posted on EKRE Vice Chair Mart Helme's Facebook page used Alo Mattiisen's song "Isamaa ilu hoieldes" without permission, prompting a damages claim.
The claim totals €6,531.40, including legal fees. The damages sought amount to €5,000. That figure is based on what songwriters generally charge to allow their works to be used in similar political ads.
"The information came from various songwriters and advertising agencies that have produced similar ads," copyright holder Mariita Mattiisen-Puusepp said in a written response prepared with her lawyer. There is no standard price list: Each songwriter asks what they consider reasonable and the client either agrees or declines.
"An approximate going rate has nevertheless emerged and that is what we based the claim on," Mattiisen-Puusepp wrote. "In this case, a very important fact is that I would not have given permission for Alo Mattiisen's works to be used in any political party's advertising."
Claim remains outstanding
Helme had until August 24 to meet the claim but has yet to do so.
Through his lawyer, Helme told Mattiisen-Puusepp that he does not manage his Facebook page, had therefore done nothing wrong and would not pay the requested amount. He also reportedly did not answer when asked who manages the page.
Mattiisen-Puusepp and her lawyer wrote to Helme that the page is designated as a politician's page and displays both his email address and EKRE's website. They said his claim that he has no connection to the page was neither credible nor plausible.
Mattiisen-Puusepp and her lawyer also drew Helme's attention to Facebook's rules, which state that a person with a page on the platform is responsible for ensuring, among other things, that it complies with applicable law, regardless of who actually posts to it.
Third persons cannot create pages for strangers in Facebook
Mattiisen-Puusepp said that, as far as she knows, only a politician can create a Facebook page designated for that politician. "Facebook checks this very strictly to prevent third parties from creating official pages for politicians or using someone else's name for any purpose," she said.
Mattiisen-Puusepp added that if Helme does not meet the claim, they will take the matter to court. "The infringement is well documented. The amount of damages can then be settled in court," she said. Intellectual property is property like any other, she added, and even though the post has since been deleted, the damage has already been done.
ERR was unable to reach Helme for comment before publication.
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Editor: Marcus Turovski
