Intellectual Property FAQ — Lawyer

• the right of fixation of the work, that is, the right to its first incorporation onto a material medium, which forms the basis for its further reproduction
• the reproduction of the work, that is, the production of one or more copies thereof
• its translation
• its arrangement, adaptation or other transformation
• the power to distribute the original work
• the importation of copies thereof produced abroad
• its rental and public lending
• its public performance, that is, any performance which makes it accessible to a circle wider than the close circle of the author’s family and immediate social environment
• its broadcasting
• its communication to the public by wire, wirelessly or by any other means (transmission of the work via the internet).

If anyone carries out any of the foregoing without the author’s authorisation, they infringe the author’s economic right, regardless of whether they pursue financial gain or not.

In addition to the economic right, the author also has the moral right, which reflects the special nature of copyright law, as it embodies the personal relationship binding the author to his work. The moral right comprises the moral power of publication, the power to decide whether, how and when the work shall be made accessible to the public, the power of recognition of authorship over the work, and in particular the power to have one’s name mentioned on the copies of the work and in any public use thereof, or even the right to remain anonymous or to use a pseudonym. This power enables the author to prohibit any distortion, mutilation or other modification of the work. There also exists the power of access, that is, the power of the author to have access to his work, even if the economic right or the ownership of the material medium of the work belongs to another person. Access, however, must be exercised in such a way as to cause the least possible inconvenience to the rightholder. Finally, the moral right also comprises the moral power of withdrawal, which enables the author to withdraw from contracts for the transfer or exploitation of works of speech or science, where this is necessary for the protection of his personality due to a change in his convictions or circumstances and upon payment of compensation to the contracting counterparty for the actual loss (as actual loss).

The peculiarity of the moral right lies not only in the fact that it is independent of the economic right but also in the fact that it is not transferable.

• the performing or executing artist (Art. 46)
• the producer of sound and/or audiovisual recordings (Art. 47)
• the broadcasting station (Art. 48)
• the publisher of the printed work who has provided for the typesetting and pagination (publisher’s typographical right — Art. 51)
• the person who publishes previously unpublished works of authors who are no longer alive (Art. 51A)
• the maker of databases

The law contains an indicative enumeration of performing artists, which includes actors, musicians, singers, choristers, dancers, puppet theatre artists, shadow theatre artists, variety show artists and circus performers.

The law recognises rights with different content for each of the categories of related rightholders (Art. 46-53).

The protection of related rights leaves intact and does not affect in any way the protection of copyright. None of the provisions on “related rights” may be interpreted in a manner that prejudices that protection.

However, if the phonogram has been lawfully published during that period, the rights expire seventy years from the date of the first lawful publication.

If no lawful publication has taken place during that period and if the phonogram has been lawfully communicated to the public during that period, the rights expire seventy years from the date of the first lawful communication to the public.

The duration of the rights of producers of audiovisual works (producers of image or sound and image recordings) is set at fifty (50) years after the material fixation. However, if within that period there is lawful publication or lawful communication to the public of the medium, those rights last fifty (50) years from the date of the first publication or first communication to the public, whichever is earlier.

The duration of the rights of broadcasting organisations is set at fifty (50) years after the first transmission of a broadcast, whether transmitted by wire or wirelessly, including by cable or satellite or any other means of transmission.

The duration set out in the above cases is calculated from 1 January of the year following the triggering event.

The duration of the right of publishers is set at fifty (50) years after the last publication of the work.

• ATHINA – Directors / Screenwriters
• AUTODIACHEIRISI – Composers / Lyricists
• EDEM RIGHTHOLDERS’ UNION – Composers / Lyricists
• THESPIS – Theatrical Authors / Translators of Theatrical Works
• ISOKRATIS – Directors of Photography / Set Designers / Costume Designers / Sound Engineers / Editors
• O.S.D.E.E.T.E. – Visual artists
• O.S.D.E.L. – Authors / Publishers
• FOIVOS – Photographers

CMOs representing related rightholders

• APOLLON – Musicians
• DIAS – Producers of audiovisual works
• DIONYSOS – Actors
• ERATO – Singers / Performers
• ERMEIAS – Producers of cinematographic works
• GRAMMO – Producers of Phonograms
• IRIDANOS – Producers of audiovisual works
• TELEVISION RIGHTS – Collective Management & Protection Organisation for Related Rights
• GEA – Collective Management & Collection Organisation for the Related Right in Sound

Collective Protection Organisations (CPOs) aim at the protection of the rights of their members. The CPOs operating with the authorisation of the Ministry of Culture are the following:

Collective Protection Organisations

• EPOE – Audiovisual Works Protection Society
• O.P.D.D.E. – Organisation for the Protection of the Rights of Advertising Companies.

Our national legislation (Art. 66A) prohibits, without the rightholder’s authorisation:

• • the circumvention of any effective technological measure, carried out by a person knowingly or with reasonable grounds enabling him to know that he is pursuing that objective; and
  • the manufacture, importation, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes, of devices, products, components, or the provision of services, which:
    • are promoted, advertised or marketed for the purpose of circumventing the protection, or
    • have only a limited commercially significant purpose or use other than to circumvent the protection, or
    • are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of the protection of any effective technological measures.

The exercise of activities in breach of the above provisions entails the civil sanctions of Article 65 of Law 2121/1993, while criminal sanctions are also provided for against the offender (imprisonment of one year and a monetary penalty of EUR 2,900 — 15,000) and the possibility of obtaining interim measures.

In the same direction as technological protection measures, technological rights-management measures (Digital Rights Management — DRM, or Electronic Copyright Management Systems, ECMS) also operate; these allow rightholders to control and manage copyright in digital forms of reproduction and dissemination.

B) JUDICIAL AND ADMINISTRATIVE MEASURES

Where infringement of copyright or related rights is shown to be probable, there exists the possibility of obtaining interim measures by which the commission of acts that would constitute infringement of copyright is prohibited, without the need for specific identification of the particular works.

Furthermore, in any case where the commission of an act of copyright infringement is imminent, such as where, without the required authorisation of the author, the public performance of a theatrical, cinematographic or musical work is about to take place, the locally competent police authority is required, pursuant to Law 2121/93 (Art. 63 §1), to prohibit such act upon application by the author or his licensees. The public prosecutor’s authority, if so requested, must give the relevant order to the police authority. The same applies where the public performance has commenced with the author’s authorisation, but payment of the remuneration owed has been delayed for more than two days.

C) CIVIL & CRIMINAL SANCTIONS

Within the framework of civil law, the author and the related rightholder have the possibility of filing:

• a declaratory action recognising their right
• an action for the cessation of the infringement
• an action for the prevention of future infringement, where infringement is threatened or where there is continuation or repetition of an infringement
• an action for damages and pecuniary compensation for moral damages, where there is fault on the part of the infringer
• an action for restitution of the unjust enrichment of the infringer
• an action for payment of the profit obtained by the infringer from the management of another’s property.

Among the civil sanctions, the rightholder is entitled to damages for the infringement of his rights, which may not be lower than twice the remuneration that is usually or by law paid for the type of exploitation that the obligor carried out without authorisation.

Almost all infringements of copyright and absolute related rights are punishable acts, as appears from Article 66 of Law 2121/1993.

The criminal sanctions include imprisonment of 1 to 10 years and a monetary penalty of EUR 2,900 to 59,000.

Finally, Law 3524/2007 also provided for administrative sanctions in the event of infringement of copyright. Specifically,

• anyone who, without authorisation and in breach of the provisions of the present law, reproduces, sells or otherwise distributes to the public, or possesses for the purpose of distribution, a computer program, shall, irrespective of other sanctions, be liable to an administrative fine of one thousand (1,000) euros for each unlawful copy of a computer program, while
• any itinerant or stationary trader (outside a shop) who is caught distributing to the public, by sale or other means, or possessing for the purpose of distribution, sound recordings on which a copyright-protected work has been recorded, shall be liable to an administrative fine equal to the product of the number of unlawful sound recordings constituting the subject-matter of the infringement multiplied by twenty (20) euros per item of sound recording, according to the seizure report drawn up upon his arrest. The minimum amount of the administrative fine is set at one thousand (1,000) euros.

10) What is the meaning of copyright and related rights? What is their scope of application? Do the same rules apply throughout the world?

Copyright protects works of speech, art or science emanating from individuals who are protected as authors and who, upon the creation of the work, acquire copyright in it. The rights comprise, as exclusive and absolute rights, the right to exploit the work (economic right) and the right to protect the personal bond with it (moral right). Copyright protects the work as an intangible good and not the material medium in which the work is incorporated. Greek legislation includes an indicative enumeration of works and, accordingly, any intellectual creation, provided it displays originality, may be protected. Basic prerequisites of protection are the form of the work and originality. Computer programs and databases are also protected. The sui generis right is recognised for the maker of a database in accordance with the Database Directive. The economic right comprises the powers/rights enumerated indicatively in the law. In particular, the economic right gives the author, inter alia, the power (right) to authorise or prohibit the fixation and reproduction of his work, its translation, arrangement, adaptation or other transformation, the distribution of the original or copies of his work, the rental and public lending, the public performance of his work, broadcasting or rebroadcasting by any means, communication to the public, including making the work available to the public, as well as the importation of copies in certain cases. The resale right is also recognised in favour of the authors of original works of art. Greek copyright legislation also provides for broad protection of the moral right. The moral right gives the author, in particular, the following powers/rights: the right of publication, the right of recognition of authorship, the right to protect the integrity of the work, the right of access and the right of withdrawal.

Related rights protect certain categories of rightholders whose contribution shows creativity or technical skill without meeting the conditions for an intellectual work. Related rights include the following categories of rightholders: performing or executing artists, phonogram producers, producers of audiovisual works, broadcasting organisations and publishers of printed works. Previously unpublished works are also protected by a special related right. Holders of related rights have the right to authorise or prohibit specific acts specifically provided for by law. In certain cases, the right to equitable remuneration is recognised.

The protection of copyright and related rights is based on territoriality and, for that reason, the same rules do not apply throughout the world. In Greece, the protection system centred on the author is followed. The moral right is recognised for authors and performing or executing artists. The moral right is never recognised for producers of phonograms and audiovisual works, or for broadcasting organisations. The initial holder of the economic and moral right in the work is the author. Greece follows the principle that applies in many European countries, according to which only a natural person who creates the work can be an author. A legal person cannot be characterised as an author, with the exception of anonymous and pseudonymous works.

11) Who is the subject of copyright and how does copyright operate for the benefit of authors, rightholders, consumers, society, the economy and culture?

The author of a work is the initial holder of copyright in that work. For works of joint authorship, the initial holders of the economic and moral right are the co-authors of that work. For collective works, the natural person who has the intellectual direction and coordination of the authors of the individual contributions is deemed to be the initial holder of the economic and moral right of that work. The authors of the individual contributions are initial holders of the economic and moral right in their contributions, provided these are original. For audiovisual works, the director is presumed to be the author. The screenwriter, the dialogue writer, the composer of the music, the director of photography, the set designer, the costume designer, the sound engineer and the editor of the final composition are deemed authors of individual contributions. As regards works created by employees in the performance of an employment contract, the initial holder of the economic and moral right is the author. In the absence of a contrary agreement, only those powers from the economic right that are necessary for the fulfilment of the purpose of the contract are transferred to the employer.

Greek copyright legislation provides for the possibility of transfer of the economic right and the non-transferability of the moral right between living persons. Both rights are transferable mortis causa. Greek copyright legislation contains specific provisions on the transfer, contracts and licences of exploitation.

The purpose of the law is the full and effective protection of authors, a principle reflected in many provisions of the law, such as the broad protection of the moral right, the rule that only a natural person can be the author of a work, the establishment of percentage-based remuneration, the requirement of written form, the prohibition of contracts covering the totality of future works or referring to future means of exploitation, the equitable remuneration for the reproduction of works for private use, the rules of interpretation as regards the duration, purpose, extent and means of exploitation, the rules concerning the enforcement of rights and, in particular, the civil sanctions, as well as the very heavy criminal sanctions provided for under Greek law.

In line with the continental law tradition for the protection of authors, Greek legislation strikes a balance between rights and interests, primarily through the provision of a specific term of protection for works and the establishment of limitations on the exercise of the right. To achieve this balance, mechanisms outside the framework of copyright are also used in certain cases, such as personal rights, unfair competition legislation and the general clauses of civil law (abuse of right, good faith, unforeseen change of circumstances, etc.). Greek copyright legislation provides for specific (expressly enumerated) limitations and exceptions to the exercise of the economic right without provision for payment of (equitable or other) remuneration and/or compensation, except in the case of reproduction of works for private use. The Greek legislative framework also provides for the three-step test (Article 28C, Law 2121/1993), which is a general clause applicable to every exception/limitation of the author’s/rightholder’s economic right.

By Law 4481/2017 (Article 52), Article 66E was introduced into Law 2121/1993, providing for the establishment of a Committee for the Notification of Online Infringements of Copyright and Related Rights (EDPPI) (through the submission of a relevant application by any rightholder pursuant to the relevant provision), with the aim of facilitating the out-of-court handling of cases of online infringement of copyright and/or related rights. The procedure before the Committee allows any rightholder to apply to it within a short period of time (at most within 60 days) in connection with the unlawful making available of his works on the internet and to obtain (if his application is well-founded) the immediate removal of the work or the disabling of access to it depending on the circumstances, without being deprived of the right to apply to the courts. However, if he applies to the courts before submitting an application to the Committee, or while his case is being examined by the Committee, his case is closed.

The Committee began operating on 03/09/2018. The Committee’s decisions are published on the website of the Hellenic Copyright Organisation (OPI) and are available at the following link: https://opi.gr/edppi/apofaseis-edppi. By Law 4708/2020 Article 66E of Law 2121/1993 on strengthening the protection of rights on the internet was replaced. By the new provision, the dynamic blocking injunction was introduced, that is, the possibility of dynamic prohibition with provision for a rapid response mechanism for similar websites (mirror sites) with a new address, where it is shown that they have the same unlawful content.

12) Am I automatically protected by copyright if I take, for example, a photograph with my phone, or do I have to register my work to be protected?

Am I automatically protected by copyright if I take, for example, a photograph with my phone, or do I have to register my work to be protected?

The subject-matter of copyright consists of works of speech, art or science. The subject-matter of related rights includes performances, phonograms, sound and image recordings, broadcasts, the typesetting and pagination of works, as well as previously unpublished works. According to some scholars, related rights also include the sui generis right of the maker of a database. The enumeration of works of speech, art or science is indicative, while the enumeration of subject-matter protected by a related right is exhaustive. Originality is a fundamental prerequisite of the protection of works. The law does not provide a definition of originality, with the exception of computer programs and databases. Various criteria have been developed by Greek scholarship and case-law, such as personal contribution, expression of the author’s personality, individuality and statistical uniqueness. For computer programs and databases, a special criterion is provided which is dictated by the EU acquis (a work must be “the result of the author’s own intellectual creation”). For photographs, originality is judged leniently, and for that reason, the law does not include the definition provided for in the Directive on the harmonisation of certain aspects of copyright and related rights, according to which a photograph is subject-matter of protection if it is “the result of the author’s own intellectual creation”. Copyright is not recognised in official texts that express the exercise of State authority, in particular legislative, administrative or judicial texts, nor in expressions of folklore, news or simple facts and data.

The acquisition or exercise of copyright is not subject to any formality, such as publication, incorporation in some material medium or deposit. The principle of protection without formalities applies to all works, including photographs. The author is the initial holder of the economic and moral right without the need for any formalities. Copyright is acquired upon creation of the work. Pursuant to Greek legislation, a copy of the work is deposited at the National Library, the Library of Parliament and Public Libraries, although such deposit constitutes a measure of a purely administrative nature, aimed at the preservation of cultural heritage.

Law 4481/2017 amended the second sentence of paragraph 1 of Article 69 of Law 2121/1993, and it now expressly provides that the Hellenic Copyright Organisation (OPI) may, inter alia, provide timestamping services, that is, services providing certified date in respect of works or subject-matter of protection that may be protected by copyright and/or related right (the so-called timestamping service, which is exclusively available online at the following link: https://www.timestamp.gr/el/information). It should, in any case, be noted that the use of this service is not a prerequisite for the protection of a work by copyright; on the contrary, its establishment relates to meeting the need of all authors (regardless of the type of work and regardless of whether they are professionals or amateurs) to be able to prove, in a simple and effective manner, the moment of existence of their work in the specific form.

13) What is the meaning of copyright infringement? Can I have problems in the event of copyright infringement? What will happen if I do not know that I am committing copyright infringement?

The concept of infringement is not defined in the law. It is accepted that the definition of infringement of copyright or related rights derives from the provisions concerning the subject-matter, the subject and the content of those rights. Infringement is any act whose subject-matter and content are similar to the subject-matter and content of copyright or related rights, to the extent that they are protected by law, where the act is not carried out by the rightholder or with his consent or does not fall within the lawful limitations of the economic right. In the event of infringement, the law provides for civil and criminal sanctions, the granting of interim measures, rules on the proof of infringement and, in some cases, administrative sanctions. Anyone who culpably infringes another’s copyright or related rights is liable for damages and pecuniary compensation for moral damages. The damages may not be lower than twice the remuneration that is usually or by law paid for the type of exploitation that the obligor carried out without authorisation.

14) Under what conditions may I use a work created by another person and protected by copyright? I have been told that the use of works created by others constitutes a quotation of an extract and, therefore, that such use is always permitted.

The authorisation of the author or other rightholder is necessary for the lawful use of the protected work. This is granted within the framework of contracts or licences of exploitation that are concluded in writing and may entail payment of remuneration.

A series of legislative initiatives have established the legal framework for open data, such as the law on the re-use of public sector information and data, the Diavgeia (Transparency) law and the law on geospatial data. Open access is supported in Greece by the academic and scientific community, with the aim of promoting the free exchange of information, open access to scientific material and the public availability and preservation of digital content. Furthermore, many works are published under open content licences, such as Creative Commons licences. The further use of those works, although still subject to the terms of the licence granted by the rightholder, in most cases does not require the rightholder’s prior authorisation.

Greek copyright legislation provides for a closed list of limitations. The quotation of short extracts from a lawfully published work of another is permitted, without the author’s authorisation and without remuneration, in support of the opinion of the person making the quotation or for the criticism of the opinion of another, provided that the quotation of the extracts is in accordance with morality and the extent of the extracts is justified by the purpose pursued. The quotation of the extract must be accompanied by an indication of the source and the names of the author and the publisher, where those names appear in the source. The quotation of long extracts is unlawful, even where the source is mentioned. The quotation must be made in support of the opinion or for the exercise of criticism and must not constitute the exclusive source for the writing of a book. The quotation of an entire work is unlawful. The permitted uses of orphan works are governed by special provisions.

15) Am I allowed to use musical works protected by copyright as the musical accompaniment to a video I have made myself at home for the purpose of uploading it to an online audiovisual content platform?

Where the end user, without the authorisation of the author or other rightholder, adapts a copyright-protected musical work for the purpose of uploading (publishing) on social networks, he may be committing infringement of the right of reproduction, the right of adaptation and the right of communication/making available to the public. There may also be infringement of the moral right and, in particular, of the right of recognition of authorship and the right to safeguard the integrity of the work. National legislation does not include a specific exception for user-generated content, and there is no discussion of introducing such an exception. The limitation for the quotation of short extracts may be applied in this case. However, the quotation of an entire work is unlawful. The exception for incidental inclusion is not provided for in Greek legislation. Some of the acts that affect copyright may be justified on the basis of the principle of freedom of expression, but there is no relevant case-law to substantiate this.

16) Am I allowed to give a copy of a work protected by copyright to a member of my family or to a friend?

Greek copyright legislation regulates reproduction for private use. The provision concerns analogue and digital reproduction and recognises, for the author and certain related rightholders (performing or executing artists, phonogram producers and producers of audiovisual works), the right to equitable remuneration where technical means are used for the reproduction made for private use. Reproduction for private use is permitted only for works that have been lawfully published. The term “private use” does not include use within the framework of an undertaking, a service or an organisation. Reproduction must be made for the private use of the person making it or for the close circle of his family and immediate social environment. The freedom of reproduction for private use does not apply where the reproduction prevents the normal exploitation of the work or harms the legitimate interests of the author and, in particular: (a) where an architectural work is reproduced in the form of a building or other similar construction, and (b) where a work of fine art circulating in a limited number of copies, or the graphic representation of a musical work, is reproduced by technical means. The three-step procedure is also applied. Equitable remuneration is paid to the author and to certain related rightholders, with the exception of items intended for export. Equitable remuneration is paid by the importers or producers of the technical means and is indicated on the invoice; it is collected by collective management organisations operating with the authorisation of the Ministry of Culture.

17) Am I allowed to download from the internet a work protected by copyright? Does it matter what technology is used or whether the download concerns only parts of the work?

The downloading of a work from the internet constitutes an act of reproduction and requires the authorisation of the author or other rightholders. The method of reproduction or the means of technology are legally irrelevant. The basic criterion for “partial” reproduction is that the part of the work in itself must be original. It should be noted that quantitative criteria are not taken into account for the protection of a work. Titles and slogans, or other “small works”, may be protected by copyright if they are original. Downloading a work on terms that have been contractually agreed is not contrary to the law. End users may also lawfully download a work from the internet under Creative Commons licences or other open content licences.

The exception relating to reproduction for private use cannot be applied because that exception (see Article 18 of Law 2121/1993 and Article 5(2)(b) of Directive 2001/29) does not cover the reproduction of copies for private use from an unlawful source (judgment in ACI Adam BV and Others v Stichting de Thuiskopie, C-435/12, ECLI:EU:C:2014:254). Consequently, downloading a work which is protected by copyright constitutes copyright infringement, even in the case of personal or private use.

18) I tried to copy an audiovisual work from a DVD to my computer, but I could not complete the copying because of so-called “technological measures”. What are these? Is it permitted to circumvent them for the reproduction of private copies?

“Technological measures”, according to a simple definition, are the technology used to control access to works or other subject-matter of protection or to prevent the copying of works or other protected subject-matter. According to the definition given by the law, “technological measures” means any technology, device or component which, in the normal course of its operation, is designed to prevent or restrict acts in respect of works or other subject-matter of protection that have not been authorised by the rightholder of copyright or related right, including the sui generis right of the maker of a database. Copyright legislation includes the corresponding provisions. The exceptions to the protection of technological measures concern photocopy reproduction for private use, reproduction for teaching purposes, reproduction by libraries and archives, reproduction for judicial or administrative purposes, as well as reproduction for the benefit of persons with disabilities. In those cases, rightholders have the obligation to provide beneficiaries of the exceptions with the means to benefit from the exception in question to the necessary extent, provided they have lawful access to the work or other subject-matter of protection. If rightholders do not take voluntary measures, including agreements between rightholders and third parties benefiting from the exception, both the rightholders and the third parties benefiting from the exception may seek the assistance of one or more mediators selected from a list of mediators drawn up by the Hellenic Copyright Organisation. The mediators submit proposals to the parties concerned. All parties are deemed to accept that proposal if no party objects within a period of one month from notification of the proposal. Otherwise, the dispute is resolved by the Athens Court of Appeals (EfAth), which adjudicates at first and last instance. These rules do not apply to works or other subject-matter of protection made available to the public on contractually agreed terms in such a way that members of the public may access them from a place and at a time individually chosen by them. Civil and criminal sanctions, as well as interim measures, are provided for against those who circumvent technological measures unlawfully.

19) What is the equitable remuneration (levies) relating to reproduction for private use?

The equitable remuneration system (levies) concerns reproduction made for private use.

Law 4540/2018 replaced Article 18 of Law 2121/1993, as amended by Law 4481/2017.

According to that law, the following media for which equitable remuneration is owed in the case of reproduction for private use are now defined:
Technical means, such as sound or image or sound-and-image recording devices, magnetic tapes or other material media suitable for the reproduction of sound or image or sound and image, including digital copying media, in particular CD-RW, CD-R, DVD and other storage media of capacity exceeding 4GB, computers, portable electronic devices — tablets, smartphones, devices or accessories whether or not operating in conjunction with computers and used for digital copying, transcription or otherwise reproduction, photocopiers and paper suitable for photocopying, scanners and printers — equitable remuneration is owed to the author of the work and to the related rightholders pursuant to this provision, with the exception of items intended for export. The equitable remuneration is determined as follows:

1. The remuneration for computers, portable electronic devices — tablets and smartphones is set at 2% of their value. The remuneration is allocated to authors, performing or executing artists, producers of recorded magnetic tapes or other recorded sound or image or sound and image media, and publishers of printed works. The allocation of the percentages of the equitable remuneration on the technical means of the preceding sentence to the collective management organisations of each category or sub-category of rightholders, as well as the manner of collection and payment, are determined in accordance with the provisions of paragraph 9.
2. The remuneration for sound or image or sound-and-image recording devices, magnetic tapes or other material media suitable for the reproduction of sound or image or sound and image, digital copying media and other storage media of capacity exceeding 4GB, as well as the remuneration for devices or accessories whether or not operating in conjunction with computers and used for digital copying, transcription or otherwise reproduction, is set at 6% of the value. The remuneration for digital copying media and other storage media, as well as for devices or accessories whether or not operating in conjunction with computers and used for digital copying, transcription or otherwise reproduction, is allocated to the collective management organisations representing the holders of copyright and related rights in accordance with the procedure provided for in paragraph 9. The remuneration for sound or image or sound-and-image recording devices, magnetic tapes or other material media suitable for the reproduction of sound or image or sound and image is allocated 55% to authors, 25% to performing or executing artists and 20% to producers of recorded magnetic tapes or other recorded sound or image or sound and image media.
3. The remuneration for photocopiers, scanners, printers and paper suitable for photocopying is set at 4% of their value. The remuneration is allocated equally between authors and publishers of printed works. The concept of photocopiers also includes any multi-function machine that has the capability of photocopy reproduction. In each of the above cases, the value is calculated upon importation or distribution from the factory. The remuneration is paid by the importers or producers of these items, is indicated on the invoice and is collected by collective management organisations operating with the authorisation of the Minister of Culture and Sports and covering, in whole or in part, the relevant category of rightholders.

20) Do I infringe copyright if I watch an audiovisual work by streaming, instead of downloading it from the internet?

Watching a film via a streaming service does not constitute infringement, in so far as the streaming source is lawful. If the streaming service has not obtained prior authorisation from the rightholder, the act is unlawful. If, during the streaming process, the audiovisual work is saved or recorded on any device, the user infringes the right of reproduction (where the rightholder has not authorised the act of making available to the public). In that case, the reproduction cannot be justified on the basis of the exception for temporary and transient or incidental acts of reproduction. The exception for reproduction for private use may be applied if the making available of the work to the public has been authorised by the rightholder.

21) If works protected by copyright are automatically included in my own posts by social media platforms, am I liable for that? Does that constitute copyright infringement? What will happen in the case of references to works using hyperlinks or by embedding them through the use of dynamic hyperlinks on my personal website or blog?

The rules governing copyright apply equally on social media. Uploading a work to a social media post constitutes an act of reproduction and communication to the public. Posting protected works on social media is not contrary to the law if the author or other rightholder has given authorisation, if the post is permitted on the basis of the limitations provided for in the legislation in special cases, or if the work is made available to the end user under an open content licence. In the Svensson case, the Court of Justice of the European Union (CJEU) held that the provision on a website of clickable links to works freely available on another website does not constitute an act of communication to the public. This means that the owner of the website may, without the authorisation of the holders of the author’s right and without paying any consideration, redirect, by means of hyperlinks, internet users to protected works available on another website. The Athens Multi-Member Court of First Instance, in judgment 5249/2014, referred to the BestWater case and held that the referencing, by means of hyperlinks, of audiovisual works that were freely available on a website does not constitute an act of infringement, regardless of the fact that some of the works had been published and communicated to the public without the authorisation of the rightholders. The end user is not liable for copyright infringement in the case where the protected work is automatically made available on a social media account, on the ground that he did not take the initiative for that act. In the event of legal proceedings, the limitation for the quotation of extracts from another’s work may be invoked, but the conditions of application are strict. The intermediary may be liable where it controls the content transmitted or stored and where its actions are not limited to the technical process of handling and providing access. It should be noted that Greek legislation transposed verbatim Articles 12 to 14 of the e-Commerce Directive. Pursuant to Greek copyright legislation, rightholders may seek interim measures against intermediaries whose services are used by a third party for the infringement of the author’s right or related right.

The Athens Single-Member Court of First Instance, by its judgment 4658/2012, ordered the granting of provisional technical measures to prevent subscribers of internet access providers from downloading digital works that had been unlawfully included in websites with specific domain names and IP addresses. In two other cases that followed, the same court refused to order the blocking of access because it held that the measure was disproportionate, given that the website in question contained both lawful and unlawful content (judgments 13478/2014 & 10452/2015). In response, the collective management organisations applied for the granting of measures to the Athens Multi-Member Court of First Instance.

In that context, judgment No. PPrAth 3530/2017 was issued, by virtue of which the Court ordered the disabling of access by subscribers of internet access providers to the websites at issue and their abstention from providing access to them in the future, applying combined the technique of disabling access to the specific domain names (DNS blocking).

Of interest is judgment EfAth 1909/2017, which is the first judgment of a Greek court applying the recent case-law of the CJEU (GS Media judgment) on one of the most controversial contemporary issues in European copyright law, namely that of the legal assessment of the provision of hyperlinks to protected works that have been published without the rightholder’s consent. The court upheld the judgment of the Athens Multi-Member Court of First Instance 5249/2014, which had upheld the action of a website administrator on whose website hyperlinks were collected and published, both to protected works that had been posted online with the rightholder’s consent and to works that had been published unlawfully. An important criterion for the judgment was that the placement of the hyperlinks to the works was not made for profit-making purposes and, therefore, there was no communication to the public. By judgment 1909/2017, the Court of Appeals confirmed that the plaintiff was not obliged to obtain authorisation from the competent collective management organisation, nor was he obliged to sign a contract and pay it remuneration in order to place on his website hyperlinks leading the user to third-party websites where the protected works were posted. Applying, like the first-instance court, the criterion of “new public” known from the Svensson judgment, the Court of Appeals accepted that the provision of hyperlinks to lawfully published and freely accessible protected works on the internet does not constitute communication of the work to the public within the meaning of Article 3 of Law 2121/1993, since the communication was to a public that had been taken into account by the rightholders of the works when authorising the initial communication and not to a “new public”.

22) When I create a work and upload it to the internet, the terms and conditions of many websites require me to transfer the copyright in the work to the website. Does this mean that I have lost all rights in my works for the future?

Greek law permits the total transfer of the economic right, including all powers of an economic nature, but this is rarely used. The transfer of any specific power of an economic nature is possible. Contracts and licences of exploitation are concluded in writing, but only the author may invoke nullity. Greek copyright legislation contains certain rules of interpretation concerning transfer, contracts and licences of exploitation. Contracts referring to future means of exploitation are prohibited and, in case of doubt, the contract may never be deemed to refer to means of exploitation that were not known at the time the relevant legal acts were concluded. If the duration of the transfer or the contracts or the licence of exploitation is not specified, and if nothing different is apparent from trade usage, that duration is deemed to be limited to five years. If the extent and means of exploitation for which the transfer or the agreed exploitation or licence of exploitation are not specified, these are deemed to concern the extent and means necessary for the fulfilment of the purpose of the contract or licence. The law provides for the non-transferability of the moral right between living persons. Any clause in the terms and conditions which provides for the waiver or transfer of the moral right is null and void. Nevertheless, the law provides that the author may consent to certain acts or omissions which would otherwise constitute infringement of his moral right.

Furthermore, the terms and conditions may be interpreted from the perspective of consumer law, so that it may be decided, pursuant to Greek legislation, whether some of them are abusive in nature. Finally, it is noted that, in case of doubt, ordinary contracts are interpreted in favour of the interests of the author (in favorem auctoris).

23) My “avatar” is based on my favourite actor or on a cartoon character or on a sports team. Will I have a problem with copyright infringement or other legislation?

Greek law permits the total transfer of the economic right, including all powers of an economic nature, but this is rarely used. The transfer of any specific power of an economic nature is possible. Contracts and licences of exploitation are concluded in writing, but only the author may invoke nullity. Greek copyright legislation contains certain rules of interpretation concerning transfer, contracts and licences of exploitation. Contracts referring to future means of exploitation are prohibited and, in case of doubt, the contract may never be deemed to refer to means of exploitation that were not known at the time the relevant legal acts were concluded. If the duration of the transfer or the contracts or the licence of exploitation is not specified, and if nothing different is apparent from trade usage, that duration is deemed to be limited to five years. If the extent and means of exploitation for which the transfer or the agreed exploitation or licence of exploitation are not specified, these are deemed to concern the extent and means necessary for the fulfilment of the purpose of the contract or licence. The law provides for the non-transferability of the moral right between living persons. Any clause in the terms and conditions which provides for the waiver or transfer of the moral right is null and void. Nevertheless, the law provides that the author may consent to certain acts or omissions which would otherwise constitute infringement of his moral right.

Furthermore, the terms and conditions may be interpreted from the perspective of consumer law, so that it may be decided, pursuant to Greek legislation, whether some of them are abusive in nature. Finally, it is noted that, in case of doubt, ordinary contracts are interpreted in favour of the interests of the author (in favorem auctoris).

24) How shall I know whether a work is made available lawfully or unlawfully on the internet?

It is not easy for the consumer to know when a work is made available lawfully or unlawfully in the digital environment. There is no official register of works made available lawfully. The consumer may consider that the work is made available lawfully if there is a copyright notice that allows the use of the protected works, or if the relevant notice clarifies that the work belongs to the public domain or that the work is made available under an open content licence. In case of doubt, it is advisable to seek the relevant licence of use from the author or other rightholder.

• See also article Copyright
• See also article Online Fraud
• See also article Termination of Employment Contract
• See also article Severance Pay
• See also article Change of Employment Terms
• See also article Withholding of Labour
• See also article Annual Statutory Leave
• See also article Employee Remuneration
• See also article Overtime & Extra Hours
• See also article Employer Obligations