The incorporation of the EU Directives (EU) 2019/789, (EU) 2019/790, and 2006/115/EC into national law.
After a lengthy waiting period, the Greek Government has passed a draft law entitled “Setting rules on the exercise of copyright and related rights to certain online broadcasts of broadcasting organisations and retransmissions of television and radio programs, while maintaining a higher level of protection of copyright and related rights in the digital single market and the right of public lending and the reproduction of additional copies by non-profit libraries or archives.” This law brings Greece in line with EU Directives (EU) 2019/789, (EU) 2019/790, and 2006/115/EC and amends Laws 2121/1993 and 4481/2017.
The law is organized into seven parts and includes several significant changes. It aims to simplify the licensing of copyright and related rights in certain types of television and radio broadcasts, making it easier to transmit these programs across multiple member states via online services. It also introduces exemptions for text and data mining for scientific research purposes, digital use of works during teaching activities, creation of copies for preservation by cultural heritage institutions, and certain uses of non-commercially available works by such institutions.
The law recognizes a new related right for press publishers of press publications, granting two new absolute and exclusive powers for the online use of their press publications by information society service providers. At the same time, it provides authors with a right to receive a fair share of the revenues that press publishers receive for such uses, which is non-transferrable and can only be managed by Collective Management Organizations.
The law recognizes that providers of online content-sharing services perform an act of communication to the public or making works available to the public when providing public access to works protected by copyright law that are uploaded by users. It introduces an obligation for these providers to obtain authorization from the rightsholders of such rights and provides conditions under which providers shall not be liable if no authorization is granted. Providers are also required to put in place a complaint and redress mechanism for infringement and inform users of their terms and conditions of use of such works.
The law also strengthens the position of authors by amending or introducing provisions relating to their remuneration, establishing an obligation of transparency, granting additional remuneration rights, introducing alternative dispute resolution, and regulating the right of the author to revoke or withdraw their exclusive character in cases of lack of exploitation.
Finally, the law replaces the absolute and exclusive right of authors and related rights holders to authorize or prohibit the public lending of their works/protected subject matters with a fair remuneration right.