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LegislationRelated Rights in Recorded Music Greek Law 2121/1993 (Copyright, Related Rights and Cultural Matters)
Official Journal A 25 1993 - Entry into force: 04.03.1993
CHAPTER 4 - LIMITATIONS ON THE ECONOMIC RIGHT
1. Without prejudice to the provisions laid down in the following paragraphs, it shall be permissible for a person to make a reproduction of a lawfully published work for his own private use, without the consent of the author and without payment. The term private use shall not include use by an enterprise, a service or an organization.
2. The freedom to make a reproduction for private use shall not apply when the act of reproduction is likely to conflict with normal exploitation of the work or to prejudice the author’s legitimate interests, and notably:
a) when the reproduction is an architectural work in the form of a building or similar construction
b) when technical means are used to reproduce a fine art work which circulates in a restricted number of copies, or when the reproduction is a graphical representation of a musical work.
3. If, for the free reproduction of the work, use is made of technical media, such as (as amended with article 46 Law 3905/2010) recording equipment for sound or image or sound and image, equipment or parts incorporated or not in the main computer unit operating in conjunction therewith, used solely for digital reproduction or digital transcription to or from analog media (with the exception of printers), magnetic tapes or other devices for the reproduction of sound or image or sound and image, including digital reproduction devices - such as CD-RW, CD-R, portable optical magnetic discs with a capacity of more than 100 million digits (over 100 Mbytes), storage media/disquettes of less than 100 million digits (less than 100 Mbytes) - photocopy machines, photocopy paper, equitable remuneration is due to the creator of the work and the beneficiaries of related rights under this provision, with the exception of assets to be exported. The remuneration is set at 6% of the value of the devices for the reproduction of sound or image or sound and image, including devices or parts not incorporated or not susceptible to incorporation in the main computer unit (with the exception of scanners), magnetic tapes or other devices suitable for the reproduction of sound or image or sound and image as well as digital reproduction devices - with the exception of storage media/ disquettes of less than 100 million digits (less than 100 Mbytes) - and at 4% of the value of the photocopy machines, scanners, photocopy paper and storage media (disquettes) with a capacity of less than 100 million digits (less than 100 Mbytes). In any event, the value is calculated on import or distribution from the factory. The remuneration is paid by the importers or producers of such items and is noted in the invoice; it is collected by collecting societies operating with the approval of the Ministry of Culture and covering in whole or in part the concerned category of beneficiaries. The remuneration collected for the import or production of photocopy machines, photocopy paper, storage media (disquettes) of less than 100 million digits and scanners (4%) is distributed in half between the intellectual creators and editors. The remuneration collected for the import or production of recording devices and sound or image or sound and image devices, devices and parts not incorporated in the main computer unit (6%), as well as digital reproduction devices, with the exception of storage media (disquettes) of less than 100 million digits, is distributed as follows: 55% to the intellectual creators, 25% to the performers or performing artists and 20% to the producers of recorded magnetic tapes or other recorded devices for sound or image or sound and image.
The concept of photocopying machines or devices also includes any multi-machine capable of reproduction by photocopy.
4. Every collecting society is entitled to request at any time any debtor, by written notification, to declare the following by statutory statement of Law 1599/1986 to the Copyright Organization:
a) the total value of the sound or visual or audiovisual recording equipment, the sound or visual or audiovisual recordings, photocopier machines, photocopier paper, computers or other technical means used for the reproduction of sound which he imported or made available and
b) that this is the real total value, without any omissions Within one month from the notification, the debtor is obliged to submit the said statutory statement to the Copyright Organization which should be signed by the debtor, if a personal enterprise, or the statutory representative, if a company.
5. The collecting societies are not entitled to request the same debtor to submit a new statutory statement before the lapse of at least six months from the submission of the previous one.
6. If the debtor does not comply with the obligation to submit the statutory statement referred to above, the one-member district court, by the procedure of injunction measures, may order the immediate submission of the statutory statement; in case of non compliance, a pecuniary fine of one to ten million drachmas will be imposed in favour of the applicant collecting society.
7. If within twenty days from the publication of the said court order, the debtor does not comply with the obligation to submit the statutory statement, the time limit of six months is lifted regardless of any other sanction, and the collecting society is entitled to request the submission of a statutory statement every month. In this case, the provisions of the previous paragraph apply for every statutory statement.
8. Every collecting society, at its own cost, is entitled to request the investigation of the accuracy of the contents of any statutory statement by a certified accountant appointed by the Copyright Organization. In case the debtor refuses to comply with the said investigation, the one-member district court may order it to in accordance with the above. The report of the certified accountant is submitted to the Copyright Organization and each collecting society is entitled to receive a copy. There cannot be carried out a new investigation for the same statement at the request of other collecting societies.
9. All enterprises that import or produce or market technical means and recordings that are subject to the fees of this article have the same rights the ones towards the others as the collecting societies referred to in the previous paragraphs. In case of investigation by a certified accountant, the expenses are incurred by the enterprise that requested the investigation.
10. In the case that the importer is required to pay an equitable remuneration whether it concerns an import or inter-community acquisition of the sound or image or sound and image recordings or other technical means referred to in paragraph (3) of this Article, the remuneration is calculated on the value stated in the invoice of the foreign company, and the invoice note provided for by this article is made on the basis of the disposal invoice of the said recordings and technical means and simply states that the disposal price includes the fee calculated on the said value under paragraph (3) of this Article. The remuneration is payable three months after the import.
11. When the same category or subcategory of beneficiaries includes more than one collecting society and they have not reached an agreement on the distribution of the percentage of equitable remuneration between them by 1st April of each year, the distribution of the percentages of equitable remuneration to the collecting society of each category or subcategory of beneficiaries, the method of collection and payment, and all other relevant details are determined by resolution of the Copyright Organization (OPI). The resolution of OPI is shaped according to the opinions of the concerned collecting societies, good faith, transaction ethics and practices followed at international and community level. Collecting societies that do not agree with the resolution of OPI may apply to the One-member First Instance Court under the procedure of injunction measures to determine other distribution; however, debtors are obliged to pay the equitable remuneration to collecting societies according to the resolution of OPI. Such payment entails full settlement and discharge thereof.
CHAPTER 8 - RELATED RIGHTS
1. The term performers shall designate persons who in any way whatsoever act or perform works, such as actors, musicians, singers, chorus singers, dancers, puppeteers, shadow theatre artists, variety performers or circus artists.
2. The performers or performing artists have the right to authorize or prohibit:
a) the fixation of their performance
b) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, concerning the fixation of their performance
c) the distribution to the public of the fixation of their performance, by sale or other means. The distribution right shall not be exhausted within the Community in respect of the fixation of the performance except where the first sale in the Community is made by the rightholder or with his consent
d) the rental and public lending of the fixation of their performance. Such rights are not exhausted by any sale or other act of distribution of the said recordings
e) the radio and television broadcasting of the illegal fixation by any means, such as wireless waves, satellites, or cable as well as the communication to the public of a recording with an illegal fixation of their live performances
f) the radio and television broadcasting by any means, such as wireless waves, satellites, or cable, of their live performance, except where the said broadcasting is rebroadcasting of a legitimate broadcasting
g) the communication to the public of their live performances made by any means other than radio or television transmission
h) the making available to the public of fixations of their performances, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them. This right is not exhausted by any act of making available to the public, in the sense of this provision.
3. Subject to contractual clauses to the contrary, explicitly specifying which acts are authorized, the acts listed in paragraph (2), above, shall be presumed to have been authorized when a performer has entered into an employment contact, having as its object the operation of those particular acts, with a party who is doing such acts. The performer shall at all times retain the right to remuneration for each of the acts listed in paragraph (2), above, regardless of the form of exploitation of his performance. In particular, the performer shall retain an unwaivable right to equitable remuneration for rental, if he has authorized a producer of sound or visual, or audiovisual recordings, to rent out recordings carrying fixations of his performance.
4. Where a performance is made by an ensemble, the performers making up the ensemble shall elect and appoint in writing one representative to exercise the rights listed in paragraph (2) above. This representation shall not encompass orchestral conductors, choir conductors, soloists, main role actors and principal directors. If the performers making up an ensemble fail to appoint a representative, the rights listed in paragraph (2), above, shall be exercised by the director of the ensemble.
5. It is prohibited to transfer during the lifetime of the performer and to waive the rights referred to in paragraph (2), above. The administration and protection of the aforementioned rights may be entrusted to a collecting society pursuant to Articles 54 to 58 of this Law.
1. The phonogram producers (producers of sound recordings) have the right to authorize or prohibit:
a) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of their phonograms
b) the distribution to the public of the above recordings by sale or other means. The distribution right shall not be exhausted within the Community in respect of the said recordings except where the first sale in the Community is made by the rightholder or with his consent
c) the rental and public lending of the said recordings. Such rights are not exhausted by any sale or other act of distribution of the said recordings
d) the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them concerning their phonograms. This right is not exhausted by any act of making available to the public in the sense of this provision
e) the import of the said recordings produced abroad without their consent or the import from a country outside the European Community when the right over such import in Greece had been retained by the producer through contract.
2. The producers of audiovisual works (producers of visual or sound and visual recordings) have the right to authorize or prohibit:
a) the direct or indirect, temporary or permanent reproduction by any means and form, in whole or in part, of the original and copies of their films
b) the distribution to the public of the above recordings, by sale or other means. The distribution right shall not be exhausted within the Community in respect of the said recordings except where the first sale in the Community is made by the rightholder or with his consent
c) the rental and public lending of the said recordings. Such rights are not exhausted by any sale or other act of distribution of the said recordings
d) the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them concerning the original and the copies of their films. This right is not exhausted by any act of making available to the public in the sense of this provision
e) the import of the said recordings produced abroad without their consent or the import from a country outside the European Community when the right over such import in Greece had been retained by the producer through contract
f) the broadcasting of the said recordings by any means including by satellite or cable, as well as the communication to the public (articles 2, 3 par. 2 and 3, 4 of Directive 2001/29).
3. The term producer of sound recordings shall designate any natural or legal person who initiates and bears the responsibility for the realization of a first fixation of a series of sounds only. The term producer of visual or sound and visual recordings shall designate any natural or legal person who initiates and bears responsibility for the realization of a first fixation of a series of images with or without sound.
1. Radio and television organizations have the right to permit or prohibit:
a) the transmission of their broadcasts by any means such as wireless waves, satellites or cable
b) the communication of their broadcasts to the public in places accessible to the public against payment of an entrance fee
c) the fixation of their broadcasts on sound or sound and visual recordings, regardless of whether the broadcasts are transmitted by wire or by air, including by cable or satellite broadcasting
d) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part of the fixation of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including cable or satellite
e) the distribution to the public of the recordings containing the fixation of their broadcasts, including the copies thereof, by sale or other means. The distribution right shall not be exhausted within the Community in respect of devices containing the recording of their broadcasts except where the first sale in the Community is made by the rightholder or with his consent
f) the rental or public lending concerning the recordings containing the fixation of their broadcasts. Such rights are not exhausted by any sale or other act of distribution of the said recording
g) the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them concerning the fixation of their broadcasts. This right is not exhausted by any act of making available to the public, in the sense of this provision.
2. Radio or television organizations shall not have the right provided for in paragraph (1) (c), above, when they merely retransmit by cable the broadcasts of a radio or television organization.
1. When sound recordings are used for a radio or television broadcast by any means, such as wireless waves, satellite or cable, or for communication to the public, the user shall pay a single and equitable remuneration to the performers whose performances are carried on the recordings and to the producers of the recordings. This remuneration shall be payable only to collecting societies. The said collecting societies shall be responsible for negotiating and agreeing the remuneration levels, raising the claims for the payment and collecting the remuneration from the users. Where there is a dispute between the users and the collecting societies, the level of the equitable remuneration and the terms of payment shall be determined by the single-member court of first instance pursuant to the cautionary measures procedure at the request of collecting societies (as amended with article 46 Law 3905/2010). The final judgment concerning the remuneration shall be rendered by the competent court.
2. Without prejudice to the obligatory assignment of the administration of rights and the collection of the remuneration by collecting societies operating according to Articles 54 to 58 of the Law, the right of performers to the reasonable remuneration prescribed under paragraph (1), above, shall not be assignable.
3. The collected remuneration shall be distributed in order of 50 percent to the performers and 50 percent to the producers of the recordings. The distribution of the collected remuneration among the various performers and among the various producers shall be effected pursuant to agreements among them that are contained in the rules of each collecting society.
4. Performers shall have the right to an equitable remuneration in respect of any radio or television rebroadcast of their performance transmitted by radio or television. Without prejudice to the possibility of assigning the administration of rights and the collection of remuneration to collecting societies according to the provisions of Articles 54 to 58 of this Law, an equitable remuneration prescribed in this paragraph shall not be assignable.
5. When visual or audiovisual recordings are used for radio or television broadcast by any means, such as wireless waves, satellite or cable or communication to the public, the user shall pay equitable remuneration to the performers whose performances are carried on the recordings. The provisions of paragraph 1 item b, c, d and e, as well as paragraphs 2 and 4 of the present article shall be applicable mutatis mutandis.
6. Collecting societies of related rights operating with the approval of the Minister of Culture and Tourism may establish a single collecting society for the collection of the single equitable remuneration as referred to in paragraphs 1, 2 and 3 of this article. Collecting societies operating with the approval of the Minister of Culture exclusively assign to the single collecting society the power to negotiate, agree the level of pay, raise the relevant claims for payment, raise a court action or any extra-judicial action and collect relevant fees from users. During its operation the single collecting society of related rights has the sole responsibility to negotiate, agree the level of pay, raise the relevant claims for payment, raise a court action or any extra-judicial action and collect relevant fees from users. In case of disagreement between the single collecting society and the users, the amount of equitable remuneration payable and the terms of payment are determined by a single member court in the proceedings for interim relief. At the request of the single collecting society, the competent court issues its final judgement on the remuneration. For the single collecting society of related rights to be granted approval and any other matter pertaining to collective management, the provisions of Articles 54 to 58 of Law 2121/1993 apply.
7. Pending litigation during the time that the single collecting society is being established is pursued by the original parties until it is irrevocably resolved (as added with article 46 Law 3905/2010).
1. During their lifetime, performers shall have the right to full acknowledgment and credit of their status as such in relation to their performances and to the right to prohibit any form of alteration of their performances.
2. After the death of a performer that person’s moral right shall pass to his heirs.
3. The provisions of Article 12(2) and Article 16 of this Law shall be applicable mutatis mutandis to the moral right of performers.
The rights prescribed in Articles 46 to 51 of this Law shall be subject to the following rules:
a) agreements concerning those rights shall be valid legal agreements only when concluded in writing
b) the limitations applicable to the economic right attaching to copyright shall apply mutatis mutandis
c) the protection of performers provided in Articles 46 and 49 of the present law will expire fifty (50) years after the date of the performance, but cannot be less than the life of the performer. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire fifty (50) years from the date of the first such publication or the first such communication to the public, whichever is the earlier
d) The rights of phonogram producers (producers of sound recordings) shall expire 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire fifty (50) years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire fifty (50) years from the date of the first lawful communication to the public. However, where through the expiry of the term of protection granted pursuant to this paragraph in its version before the amendment by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society, the rights of producers of phonograms are no longer protected on 22 December 2001, this paragraph shall not have the effect of protecting those rights anew (article 11, par.2 of Directive 2001/29). The rights of producers of audiovisual works (producers of sound and visual recordings) shall expire fifty (50) years after the fixation is made. However, if lawful publication or lawful communication of the device is made to the public within such period, such rights shall expire fifty (50) years from the date of first publication or first communication to the public, whichever comes first
e) The rights of broadcasting organizations provided for in article 48 of the present law shall expire fifty (50) years after the date of the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite or any other means of transmission
f) The rights of editors provided for in article 51 of the present law shall expire fifty (50) years after the last edition of the work
g) The term fixed in cases c, d, e and f of the present article is calculated from 1st January of the year following the event which gives rise to them.
h) For the purposes of communication to the public by satellite and cable retransmission, the rights of performers, producers of sound or visual or sound and visual recordings as well as broadcasting organizations are protected in accordance with the provisions of the eighth section of the present law, and the provisions of paragraphs 3 and 4 of article 35 of the present law are applied accordingly.
CHAPTER 9 - ADMINISTRATION BY COLLECTING SOCIETIES
1. Authors may assign the administration and/or protection of their rights to a collecting society established exclusively to engage in the functions of administering and protecting all or part of the economic rights. Likewise, collecting societies may perform those functions for a person to whom the author has granted a right as a gift, for a general proxy, for an heir or for a foundation set up by an author. A collecting society may have any form of company status. Where a collecting society is registered as an incorporated company all of its shares shall be nominal. All other matters pertaining to the company status of collecting societies shall be regulated pursuant to Article 24(2) and (4) of Law No. 1746/1988. The notification provided for under Article 24(4) of Law No. 1746/1988 shall be issued only by the Ministry of Culture. A collecting society may have the status of an urban cooperative pursuant to Law No. 1667/1986. Where a collecting society has the status of an urban cooperative the following provisions shall apply:
a) wherever, in Law No. 1667/1986, competence is granted to the Ministry of Finance, that competence shall be transferred to the Ministry of Culture
b) by way of derogation from the principle of locality, the cooperative may be established and function on a nationwide basis
c) all members of the cooperative may be legal entities
d) the articles of association of these cooperatives may provide for the following:
aa) terms, internal procedures and bodies that will decide on the entry, withdrawal of exclusion of a partner, which depart from the terms, procedures and bodies provided for by paragraphs (4), (5), (6), (7) and (8) of Article 2 of Law 1667/1986
bb) that, in the event of the withdrawal or exclusion of a partner or non acquisition of the capacity of a partner by the heirs, there is no claim by the partner or the heirs for the return of their cooperative shares or for payment of the value thereof, or that there is a claim for return of the par value of the shares only cc) the possibility to aquifer an unlimited number of elective shares by the partners
dd) that cooperative shares cannot be transferred between living persons
ee) categories of partners either without a voting right or with a number of votes per partner which is independent of the number of compulsory or elective shares of each partner
ff) the restriction of the right of subparagraph (b) of paragraph (2), Article 4 of Law 1667/1986 for the protection of the lawful interests of the collecting societies
gg) that, apart form the sum of their shares, the new partners have no obligation of payment and contribution proportional to the net assets of the cooperative or that they have such obligation for a limited time after the establishment of the cooperative
e) these cooperatives are always of limited liability and the partners are not personally liable for the debts of the cooperative
f) a presidential decree issued on suggestion of the Minister for Culture may regulate the matters of Articles 5, 6, 7, and 8 of Law 1667/1986, as well as all matters of internal relations of these cooperatives, in accordance with the provisions applicable in the member states of the European Union concerning the collective management of organizations operating in an identical or similar form.
2. In cases of unaltered and unabridged secondary transmissions of radio and television programs by cable or other physical means, administration by collecting societies shall be obligatory for the rights of authors.
3. The title (of a collecting society) may be established by a transfer of such economic rights for which protection is sought, or by grant of appropriate powers of attorney. The title shall be established in writing and shall be for a specified period which shall never be longer than three years. The agreement establishing the title shall specify precisely which of the author’s works are included under the title as suitable for exploitation. In case of ambiguity, it shall be presumed that the agreement embraces all the author’s works, including any works he may create during the term of agreement, which shall in no case be longer than three years.
4. Before commencing operations, a collecting society which has undertaken or proposes to undertake the administration or protection of rights stemming from the economic right of authors shall lodge a statement to that effect with the Ministry of Culture together with a copy of its rules providing at least the following information:
a) the amount of the society’s share capital
b) if the society has company status, its articles of association or deed of association
c) the name of the responsible spokesman of the society and the names of the persons responsible for its administration, all of whom shall be of proven professional repute and without convictions for felony or misdemeanour against ownership or property
d) the number of authors who have assigned to the society the administration of rights stemming from their economic right
e) the legal form through which the title of administration has been effected
f) in each case, duration of the title
g) the principles governing the distribution of remuneration to right holders and the proposed dates and manner of distribution
h) the level of management expenses as well as any element necessary to ensure the viability of the collecting society and the efficiency of its operations.
The Ministry of Culture shall check the statement and rules lodged by the collecting society and, provided that the information therein contained demonstrates compliance with the requirements of this Law, grant approval for the society’s operations. Any subsequent alteration of the collecting society’s rules shall be submitted to the Ministry of Culture for approval. No alteration to a society’s rules shall be valid without the approval of the Ministry of Culture, and in a case where such approval is either not sought or not granted the rules as initially approved shall continue to apply in their entirety.
5. The Ministry of Culture shall monitor the operations of collecting societies to ensure that they comply with the provisions of this Law and with their rules. Each collecting society shall, when requested, surrender its accounts to the competent department of the Ministry of Culture for inspection and submit any other information that is necessary for the effective monitoring of its operations. Except when a collecting society is a non profit organization, its accounts shall be subject to inspection by sworn auditors regardless of its company status.
6. Where a collecting society is found to have perpetrated a serious violation of the Law or of its rules, or continues to perpetrate such a violation despite being admonished by the Ministry of Culture to desist, the Minister of Culture may impose on the collecting society, without prejudice to the applicability of other penalties, an administrative fine of from 500,000 to 10 million drachmas. Matters pertaining to monitoring, the interviewing of alleged perpetrators of violations, the procedure for the imposition of fines and adjustments to the above financial amounts shall be determined by presidential decrees issued on the recommendation of the Minister of Culture.
7. Wherever the term rules appears in this Law it shall have the meaning of the term as it is used in paragraph (4) of this Article.
8. The condition of article 54 paragraph 4 item h of the present law is not required when the collecting society meets the following three requirements:
a) it pursues its objectives without profit for itself
b) it is composed of, administered and controlled solely by the creators themselves and is enabled to elect or appoint to its board of directors or supervisors, if any, certain persons who, due to their position or speciality, may provide remarkable services to the said society, provided that the participation of the latter does not interfere with the administration and control of the society by its members’ and
c) the members of the said society would be forced to assign the management and protection of their rights to collecting societies that do not meet the above two requirements (a and b).
9. In the event of serious violation or repeated violations of the law or rules and, specifically, in the event of non fulfilment of the conditions of article 54 paragraph 4 on the basis of which the operation of a collecting society was authorised, the Minister of Culture may, on motion made by the Copyright Organization, provisionally or finally revoke the authorisation of operation of the specific collecting society.
1. Collecting societies shall have the competence to perform the following functions:
a) concluding contracts with users specifying the terms of exploitation of works and the remuneration payable
b) securing for authors the percentage fee referred to in Article 32(1) of this Law;
c) collecting remuneration and distributing it among authors as necessary
d) collecting and allocating among authors the remuneration referred to in Article 18(3) of this Law
e) effecting all administrative, judicial and extrajudicial tasks necessary to secure lawful protection of the rights of authors and other right holders, notably taking legal steps and court actions, lodging of complaints and serving writs, appearing as civil plaintiffs, seeking the prohibition of acts deemed to infringe rights whose protection is assigned to them and requesting seizure of unlawful copies pursuant to Article 64 of this Law
f) obtaining from users all information needed for the computation, collection and allocation of remuneration
g) carrying out, in collaboration with public authorities or pursuant to the procedure referred to in Article 64 of this Law, all necessary checks at outlets for the sale, rental and lending of copies of works under their protection, and at public performances of works, in order to protect against infringements of the rights of authors. The establishment act of the collecting society can limit its competence to only part of the above-mentioned.
2. A collecting society shall be presumed to have the competence to administer and/or protect the rights in all of the works or in respect of all of the authors concerning which or for whom a declaration of transfer to the society has been effected in writing, or for which it has been granted power of attorney. Where a collecting society operating with the approval of the Minister of Culture and Tourism exercises the right to a single equitable remuneration as described in paragraph 1 Article 49 of this Law it shall be presumed that such collecting society represents without exception all beneficiaries, both national and foreign, and all their works. In such a case, the same shall be presumed where, for each category of beneficiaries there are more collecting societies, given that the rights are exercised by the competent collecting societies altogether (as added with article 46 Law 3905/2010). Regardless of whether its authorization rests on a transfer of rights or on power of attorney, a collecting society shall in all circumstances be entitled to initiate judicial or extrajudicial action in its own name and to exercise in full legitimacy all the rights transferred to it, or for which it holds power of attorney.
3. When seeking the protection of the courts for works or authors under its protection a collecting society shall not be required to provide an exhaustive list of all of the works which have been the object of the unlicensed exploitation, and it may lodge only a sample list.
4. If a right holder disputes a collecting society’s competence over a work which is assumed to be included under the declaration referred to in paragraph (2), above, and which has, accordingly, on the basis of that declaration, been included in a contract concluded by the collecting society with a user, the collecting society shall defend the case of the user and offer all possible assistance in any court action which may follow. If the collecting society is adjudged not to have competence over the work, it shall, in addition to any penalty imposed upon it, be liable for the payment of compensation to the user with which it signed the contract, the amount of which shall be determined pursuant to the special safeguarding measures. This provision does not apply in the case of compulsory collective management as described in paragraph 1 Article 49 of this Law (as added with article 46 Law 3905/2010).
1. When granting users the facility to make use of works assigned to it, a collecting society shall demand from the users payment of the percentage fee specified in Article 32(1) of this Law. The exceptions provided for in Article 32(2) of this Law with respect to the percentage fee shall not apply in these circumstances.
2. A collecting society may not refuse to conclude a contract with a user, as referred to in Article 55(1) a), without good reason. If an aspiring user is of the opinion that the remuneration demanded by a collecting society is clearly in excess of that usually payable in similar circumstances, the aspiring user shall pay to the collecting society, in advance of any use, either the remuneration demanded or an amount determined, upon request, by a court of first instance as being equal to the remuneration usually payable in similar circumstances, pursuant to the safeguarding measures. The final judgment concerning the remuneration shall be rendered by the competent court.
3. Organizations representing users may, together with collecting societies, decide by written agreement to appoint an arbiter, specifically by name or position, to determine the amount of remuneration to be paid by a user before disagreement arises. Before finally deciding on the remuneration due the arbiter may order the user to lodge a down payment. An arbiter thus appointed shall have exclusive competence for the settling of disagreements. The decisions of an arbiter shall be equitable. The Minister of Culture may himself decide to appoint an arbiter. In such a case, recourse to that arbiter by the parties to a dispute shall be voluntary and by agreement. Collecting societies shall draw up lists of the remuneration payable by users (remuneration tariffs) and shall promulgate the said lists in not less than three daily journals, one of which shall be a financial journal. When drawing up and implementing their remuneration tariffs, collecting societies shall refrain from inconsistency and discrimination. The collecting societies and organizations representing users may conclude agreements regulating the remuneration payable by the user in any category of beneficiaries, as well as any other matter concerning the relations of the two sides in the framework of application of the present law, as has been subsequently amended.
4. In order to facilitate the actions referred to in circumstances a), b), c) and d) of Article 55(1), users shall without delay make available to collecting societies lists of the works of which they are producing, selling, renting or lending copies, together with the exact numbers of copies produced or distributed, and likewise lists of the works they are performing publicly, together with a statement of the frequency of such performances.
5. Any dispute between the collecting societies and the users regarding the remuneration payable by the user to the collecting society may be referred to arbitration. The arbitrators are appointed from the list drafted every two years by the Copyright Organization. It is compulsory to take into account the opinion of the collecting societies and the users when drafting the said list. For all other matters, articles 867 et seq. of the Code of Civil Procedure are applied accordingly.
1. A collecting society may not without good reason refuse to undertake for any particular author the administration and/or protection of the rights deriving from the economic rights of that author and the subject of the administration of the collecting society.
2. A collecting society shall consult annually with the authors whose rights are transferred to it in order that the authors may express their views concerning the rules used to determine levels of remuneration, the methods used for the collection and distribution of remuneration and any other matter pertinent to the administration and/or protection of their rights. The collecting societies have to take into consideration these views during the processing of administrative procedures.
3. Authors who transfer the administration and/or protection of their rights to a collecting society, together with the societies which represent them, shall be entitled to all relevant information concerning the activities of the collecting society.
4. Where the author transfers all of his works to a collecting society for administration and/or protection, he shall give the society full information in writing about the publication of those works and shall inform the society whenever he publishes a new work after the date of the transfer of his rights. 5. Collecting societies shall draw up rules for the distribution of remuneration to authors. Distribution shall be effected at least once annually and shall to the highest possible extent be proportionate to the actual use made of the works.
6. For each general category of authors and each form of exploitation, collecting societies shall fix a percentage of the remunerations collected to cover their expenditures. Authors shall be informed of the relevant percentage before they transfer or grant power of attorney over their rights. The fixed percentage may be increased only with the consent of the author or after notice, served one year in advance.
7. An author or a collecting society shall be entitled to abrogate the agreement transferring economic rights where irrefutably good grounds exist for such action. Provided not less than three months’ notice is given, the abrogation shall take effect from the end of the calendar year in which it is notified. If less than three months’ notice is given, the abrogation shall take effect from the end of the following calendar year.
8. The right of the author to grant or refuse authorisation to a cable operator for a cable retransmission may be exercised only through a collecting society; for all other matters the provision of article 54, paragraph 2, hereof is applicable. Where a rightholder has not transferred the management of his cable retransmission right to a collecting society, the collecting society which manages rights of the same category with the approval of the Ministry of Culture shall be mandated to manage his cable retransmission right. Where more than one collecting society manages rights of that category, the rightholder may be free to choose which of those collecting societies shall be mandated to manage his cable retransmission right. The author referred to in this paragraph shall have the same rights and obligations as the rightholders who have mandated the collecting society and he shall be able to claim those rights within a period of three (3) years from the date of cable retransmission of the broadcast.
9. The provisions of the previous paragraph do not apply to the rights exercised by a broadcasting organization in respect of its own transmission, irrespective of whether the rights concerned are its own or have been transferred to it by other copyright owners and/or other right holders.
The provisions of Articles 54 to 57 shall be applicable mutatis mutandis to the administration and/or protection of the related rights regulated by the provisions of Section VIII of this Law.