Copyright refers to the exclusive and absolute rights of intellectual creators over their work. The law of intellectual property aims to safeguard the copyright of creators when their work is used and reproduced. It applies to works of literature, art and science, in any form, such as books and theatrical plays, cinema, sculpture and painting, photography and illustrations, musical compositions, as well as many other creative works. Software and computer databases are also intellectual creations protected under the provisions on intellectual property.
Watch a video describing the most common cybercrimes (cybercrime):
Intellectual property protects only original works and is acquired automatically upon creation of the work, without any further action by the creator or registration of the work with any authority being required. Any original work is protected regardless of its purpose or its actual, scientific and artistic value.
Copyright includes: a) the right to exploit the work (economic right / material benefit) and b) the right to protect the personal bond of the creator with the work (moral right):
a) economic right: this gives the creator the right to exploit his creation and benefit financially from it. The intellectual creator has the power to transfer, assign and entrust the management of his economic right to third parties, whether natural or legal persons.
b) moral right: this is what gives intellectual property law its particular nature. It constitutes a particular expression of the right of personality (Article 57 of the Civil Code (AK)) and includes the moral bond of the creator with his work, which is the product of his intellect. The moral right is personal, non-transferable, may be invoked against any third party, and remains with the creator even after the transfer of the economic right.
- See also article Online Fraud
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- See also article Severance Pay
- See also article Modification of Employment Terms
- See also article Withholding of Labour
- See also article Annual Statutory Leave
- See also article Employee Remuneration
- See also article Overwork – Overtime
- See also article Employer Obligations
FREQUENTLY ASKED QUESTIONS ON COPYRIGHT — LAWYER
1. What does infringement of my copyright mean?
An infringement occurs when a third party reproduces, distributes, publishes, translates or commercially exploits your work without your express authorisation. It concerns texts, photographs, music, videos, software, databases, designs and any original intellectual creation. Protection arises automatically from the moment of creation, without any registration or special procedure being required. Alongside economic exploitation, the moral bond of the creator with the work is also protected, which means that even alteration or publication without attribution to your name constitutes infringement, regardless of whether economic damage was caused.
2. What can I do if my work is being copied?
You enjoy both civil and criminal protection under Law 2121/1993. On the civil side, a lawsuit is filed seeking cessation of the infringement, prohibition of any future infringement, withdrawal of unlawful copies, and an award of damages and moral damages. In parallel, an application for interim measures is filed for the immediate provisional cessation of exploitation. On the criminal side, a criminal complaint is lodged with the competent Prosecutor’s Office at the Court of First Instance, with the possibility of imprisonment (misdemeanor) and a monetary penalty being imposed on the perpetrator. In online infringements, an extra-judicial notice is also sent to the hosting provider or the platform requesting immediate removal of the content.
3. How long does court litigation take?
Interim measures are usually heard within two to four months from filing and offer swift provisional protection. The ordinary lawsuit before the Single-Member or Multi-Member Court of First Instance typically takes one and a half to three years until the first-instance judgment, while any appeal adds a further two to three years. Criminal proceedings develop in parallel and the hearing depends on the court’s caseload. Many cases are settled out of court following the extra-judicial notice or the interim measures, particularly when the infringer realises the seriousness of the sanctions and proposes a settlement payment of damages.
4. What evidence do I need for the criminal complaint?
First of all, documentation is required showing that the work is yours and predates the infringement. Useful items include initial drafts, electronic files with metadata, correspondence, evidence of publication, deposits with collective management organisations or with a notary public, or even self-mailing with proof of receipt. To prove the infringement, screenshots with visible date and URL, navigation videos, certifications by a notary public attesting to the online content, as well as evidence of the infringer’s economic exploitation are collected. All of the above are gathered and assessed by the lawyer before the filing of any pleading.
5. What are my chances of winning and being compensated?
When authorship of the work and the act of copying are proven, the chances of success are high, since the law provides for objective liability and a minimum compensation amount equal to twice the fee that would have been due for lawful use. Pecuniary compensation for moral damages is also awarded, particularly where the moral right has also been infringed. The final amount depends on the extent of exploitation, its duration, the number of copies, the commercial value of the work and the infringer’s profits. In serious cases of online dissemination, the amounts awarded can be substantial.
6. What is the lawyer’s role in safeguarding rights?
The lawyer undertakes both the preventive securing and the judicial protection of your rights. At the preventive stage, he drafts assignment, transfer and exploitation agreements, confidentiality clauses and licences of use that safeguard your economic position. Once an infringement has occurred, he assesses the evidence, sends an extra-judicial notice, files an application for interim measures, brings a lawsuit and lodges a criminal complaint, representing the creator before both civil and criminal courts. Our firm’s experience in cybercrime (ηλεκτρονικό έγκλημα) and online intellectual property infringements allows for swift and effective intervention.