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The draft law for “collective management of copyright and related rights, multi-territorial licensing of rights in musical works for online uses within the internal market and other cultural issues” is currently under public consultation up to January, 22th 2016.

The draft law in question introduces a separate and lengthy legal instrument for collective rights management, which abolishes the respective provisions of the Law No. 2121/1993 (hereinafter Copyright Act). It basically reforms the legal and operational framework of Collective Management Organizations, by transferring the Directive 2014/26/EU in Greek legal order.

Beyond that, however, the draft law introduces several major amendments on questions not related with collective rights management. In particular, the penultimate article 69, entitled “abolished and other provisions” provides, among others, the following modifications covering various fields of copyright law:

 

  • Fair compensation levy for private copying on computers

Computers are added to the list of technical devices of art. 18 Copyright Act subject to fair remuneration for private copying. Importers or producers of computers are obliged to pay a fair remuneration levy which amounts in 2% of the device’s value.

 

  • Mandatory collective management of cable retransmission right

By transposing art. 9 and 10 of the Cable Directive into Greek law, the draft law introduces mandatory collective management for the right of cable retransmission of broadcasts and the right of secondary, unaltered and unabridged cable broadcasting of radio&TV programs (simulcasting). Moreover, the introduced mandatory collective management mechanism is equipped with an extended collective licensing pattern according to which the collecting society which manages rights of the same category shall be deemed to be mandated to manage the rights of a rightholder who has not transferred the management of his rights to a collecting society.

 

  • Public performance of music repertoire not represented by a Collective Management Organisation

According to the new proposed provision attached to article 63 para. 2 of the Copyright Act, in case of public performance of music repertoire not represented by a Collective Management Organisation, the necessary administrative (municipal) permission for lawful performance of music in establishments and public spaces shall be granted upon the mere submission of a declaration in honour stating that the performed repertoire is not managed by a collective management organization.

 

  • Fine for illegal reproduction of phonograms

The draft law introduces a new controversial provision (art. 65 A, para. 3 Copyright Act) according to which «the person that reproduces unlawfully and in violation of the provisions of the present law phonograms stored in any technical means of storage, including hard discs either integrated or not to a computer, shall be punished with an administrative fine of one thousand (1000) euros.”

 

  • Innovative administrative procedure against online copyright infringement

Α noteworthy novelty of the draft law in question is the introduction of an administrative procedure for online copyright and related rights infringement which mainly targets internet service providers (internet users are explicitly out of scope of the mechanism). In brief, the proposed new article 66E provides for the creation of a collective administrative body called “Committee for the notification of online copyright and related rights infringement”. In case of online infringement, rightholders will be entitled to apply to the Committee and ask for protection. In case of grounded inquiry, the Committee shall notify the ISPs and where possible, the hosting provider and/or the administrator of the website(s) in question regarding the infringement and the initiation of the administrative procedure for copyright protection. Unless voluntary compliance of the recipients of the notification, the Committee will issue a decision ordering, among others, the removal of the infringing content or the blocking of the access to this content. It should be mentioned that this is intended to be a complementary remedy, available in parallel with the regular judicial remedies.

 

  • Abolishment of communication secrecy for copyright infringements

A provision included in the draft law allows for the abolishment of secrecy for the detection of copyright and related rights infringement felonies.

The Draft law has already raised several controversies among rightholders and users, while its final content is expected to be arranged after the end of the public consultation, within the following weeks.

 

Intellectual Property Law News from Greece by Dr. Theodoros Chiou (This email address is being protected from spambots. You need JavaScript enabled to view it.)

gamato banner

 

The website “gamatotv.org” has been shut down few days ago by the Cybercrime Unit of the Greek Police and its administrator has been arrested for copyright infringement. A laptop PC and three storage hard drives have been seized in the website administrator’s residence, within the framework of a police investigation that took place on 18 October 2015.

 

The website "Gamato" was created in 2010, operated under various domain names offering hyperlinks to third-party websites. By means of these clickable links, users were able to watch through online video streaming foreign movies and series with Greek subtitles for free, without paying the respective copyright fees to the right holders. According to the Cybercrime Unit of the Greek Police, the website in question was very popular (est. 9.300.000 views per day) and very profitable for its administrators. Moreover, the estimated damages caused to the right holders by the activity of the “Gamato” website consist in 465.000.000 euros. However, the representatives of the website insist that their earnings were not very significant and that the daily traffic of the website was not exceeding 250.000 views.

gamato

The legal issue at stake is whether the mere provision of clickable links to protected works which are freely available on other websites is a copyright-infringing activity. The Court that will examine the Gamato case should take into consideration the relevant ECJ's case law and, in particular, the Svensson, Bestwater International and C More Entertainment AB v Linus Sandberg rulings, which interpret the meaning of the 'act of communication to the public' of art. 3 para. 1 of the Directive 2001/29/EC in the context of hyperlinks. 

 

In fact, according to these rulings, the mere provision on a website of clickable links (including framing hyperlinks) to works freely available on another website is in principle allowed, to the extent that the works are not communicated to a new public, different from the public of the original communication.

 

It should also be noted that the pending case before ECJ (C-160/15 GS Media v Sanoma) is expected to clarify whether the provision of hyperlinks to a another website where a protected work is placed without the copyright holder’s consent is a copyright infringement.

 

Sources:

http://www.lifo.gr/now/digital-life/78521

http://www.iefimerida.gr/tag/%CE%B4%CE%AF%CF%89%CE%BE%CE%B7-%CE%B7%CE%BB%CE%B5%CE%BA%CF%84%CF%81%CE%BF%CE%BD%CE%B9%CE%BA%CE%BF%CF%8D-%CE%B5%CE%B3%CE%BA%CE%BB%CE%AE%CE%BC%CE%B1%CF%84%CE%BF%CF%82

https://www.facebook.com/gamatoningcom/?ref=ts&fref=ts

υπεπθ

A definition for “intellectual property” is provided by a recent bill of the Hellenic Ministry of Culture, Education and Religious Affairs titled “Regulations concerning superior education, research, primary and secondary education and other provisions”. Αccording to article 15 para. 7 of the said bill “intellectual property [corresponds to] copyright and industrial property, and includes indicatively economic and moral rights deriving from protected works, know-how, trademarks, patents and utility models.”

Τhe definition in question serves, in principle, as a tool of legal interpretation, mainly regarding the bill and the provisions amended by the latter (esp. those of the law Nr. 4310/2014). However, this is one out of few instances in Greek law where the term "intellectual property" is defined by a legal provision. 

Source: http://www.opengov.gr/ypepth/?p=2450

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Volos, September 24-26, 2015

Venue: University of Thessaly

Culture, education, research, innovation, digital technologies, tourism

An innovative and pioneering conference is organized by a number of prominent Organizations of Greece and Cyprus, for the Digitization of Cultural Heritage.

This is the "Pan-Hellenic Conference on Digital Cultural Heritage-2015" to be held in Greece, in the beautiful city of Volos, from Thursday 24 to Saturday 26 of September 2015, at the site venue of the University of Thessaly (Volos).

Organizers of the event are the Technological University of Cyprus, the NGO "Perrevia Network" (Greece) and the Technological Educational Foundation of Piraeus (Greece)

Supported by the Greek National Tourism Organization, the Region of Thessaly, the University of Thessaly, ICOMOS Greece, ICOMOS Cyprus, CIPA Heritage Documentation, IRETETH, CERTH, Chamber of Magnesia, Pelion Development Company, the Diocese of Demetrias, foundations, research institutes, laboratories from around the world, the Conference is a great calling and a significant meeting of Greek and Cypriot scientists involved in the Digitization of Cultural Heritage.

Culture, education, research, innovation, digital technologies, tourism are the major challenges for this Conference to meet, as for Greece culture is the big "asset", emerging through such initiatives of wide range and making Greece a favorite destination for Cultural Tourism.

 

Information-subscriptions: www.euromed2015.eu, E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it., Mobile: + 30-6974-881944

 

yppo

Hellenic Ministry of Culture draws new policies regarding the use of content depicting Greek cultural heritage owned by the State, such as pictures and videos of archeological sites, museums’ exhibits and monuments. More precisely, theMinistry plans the creation of an online digital library, from which any interested person or entity (e.g. photographers, film makers, magazines, TV channels) will have easy access to high quality content (pictures or videos) against the payment of a low fee. This will practically dispense users from demanding and obtaining the prior authorization from Ministry of Culture, which is in principle necessary for the use of the said content, since the sole payment of the respective fee of use will suffice.

It is noted that the authorization in question is not linked with copyright law, given that the depicted objects of cultural heritage have generally fallen into the public domain. Indeed, according to article 46(1) of the Law N.3028/2002 for the protection of Antiquities and of cultural heritage in general “a prior authorization is needed for any production, reproduction and public communication or creation of databases with pictures of casts, copies or images of monuments belonging to the State, buildings that are either located in archeological sites and historical places or isolated, movable objects located in public museums or exhibitions, made by any entity or person other than the State, the Fund of Archeological Resources and the Organization of Greek Culture Promotion S.A for direct or indirect economical or commercial purposes, with any manner and means, including electronic and digital means, internet, telecommunication or other networks.

 

Source: http://www.kathimerini.gr/815784/article/epikairothta/ellada/n-3ydakhs-oxi-sthn-orizontia-ay3hsh-twn-eisithriwn-sta-moyseia