Key Benefits:
CAPITAL A ' DURATION OF PROTECTION OF RIGHTS
INTELLECTUAL PROPERTY AND CERTAIN NEIGHBOURING RIGHTS
Article 1
The purpose of Articles 2 to 5 is the harmonisation of the law. 2121/1993 (A-25) with Directive 2011 /77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006 /116/EC for the period of protection of copyright and certain related rights ' (OJ L 265/ 1).
Article 2 Amendment of Article 30 of the Law 2121/1993
(Article 1 (1) 1 of Directive 2011 /77/EU)
Article 30 of n. 2121/1993 is replaced by the following:
" Article 30 Cooperation projects and musical compositions
With lyrics
For cooperation projects and for musical compositions with verses, if more than the contributions of the plus-theh and the lyricist have been created specifically for this musical composition with lyrics, the intellectual property lasts as long as his life The last surviving operative and weekly (70) years after his death, calculated from 1 January of the year following the death of the last surviving operative. '
Article 3 Amendment of Article 52 (c)
Of n. 2121/1993 (Art. 1 (2)) 2 (a) of Directive 2011 /77/EU)
The second subparagraph of Article 52 (c). 2121/1993 is replaced by the following:
' However, if the interpretation of the interpretation or enforcement of the law is to be
The Court of Justice of the European Union and the Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice of the European Court of Justice and of the Court of Justice of the European Court of Justice of the European Union Who became the first,
-if the interpretation of the interpretation or the execution of a written procedure is published or presented to the public within that period, the rights shall be given weekly (70) years from the date of that publication or the first of that publication. Presence-to the public, depending on who was first. '
Article 4 Amendment of Article 52 of the Law 2121/1993
(Article 1 (1) 2 cases (b and c) of Directive 2011 /77/EU)
1. In the second and third paragraphs of Article 52 of the Law. 2121/1993 is replaced by 'fifty' with the word 'weekly'.
2. The following sub-indent shall be added after the fourth subparagraph of Article 52 (d) of Article 52:
(aa) 50 years after the publication of the phonograph or-in the absence of such publication;
MEMBER OF THE GREEK EXCERPT
First, From the Official Journal of the German Democratic Republic, 21 November 2013, Meetings of the Assembly of the House, in which
The following draft law was adopted:
Completion of Directive 2011 /77/EU of the European Parliament and of the Council of 27 September 2011 and Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012
In Greek law and modification of the n. 2121/1993 'Intellectual property, related rights and cultural matters' (1 ' 25)
Ninety (50) years from its legal presentation to the public, the phonogram producer ceases to offer copies of the phonograph in an epic quantity corresponding to the needs of the market or make it available to the public, In such a way that the public may have access to it at the place and time chosen by each individual, the interpreter or the performing artist may terminate the contract with which he/she has granted it. A phonogram producer-the exploitation of at least the rights of reproduction, distribution and Be made available to the public in the material integration of their interpretation or enforcement. The right to terminate the contract is to be exercised if the producer fails to carry out the transfer operations referred to in the preceding subparagraph within one (1) year from the written notification to him by the interpreter or exec - An artist of his intention to terminate the contract in accordance with the preceding subparagraph. If these rights have been transferred to a third party, in accordance with the relevant case, the written complaint shall be carried out against the producer as defined in the sub-case. A waiver of the right to a complaint or a performer from the right of termination shall be invalid. Where a phonograph contains the material embodying the interpretation of the names or executions of more or enforceable artists, they may terminate the contracts referred to in the first subparagraph in accordance with the provisions of the first subparagraph. Paragraph 4 of Article 46. If no representative is appointed, the provisions on society shall apply. The termination of the contract referred to in the first subparagraph in accordance with this sub-indent shall mean that the rights of the producer of the phonogram and any third party derive rights from it. (bb) Where a contract referred to in the first subparagraph of
(b) in the case of an agent or an enforceable artist entitled to claim the name of a repeat payment, the agent or performer shall be entitled to receive an annual supplementary letter from the phonogram producer for each full year. Which follows the fiftieth year following the publication of the phonogram or-in the absence of such publication-of the fiftieth year from the law of the text of the phonogram to the public. The payment shall be made within six (6) months after the end of the financial year. An application by the right-holder or performer of the right of the long-term supplemental remuneration shall be invalid. (cc) The total amount allocated by one para -
A phonogram for the payment of the annual supplementary payment referred to in subparagraph (b) corresponds to 20 % of the gross income attributed to the producer in the phonograph, during the year preceding that In respect of which this remuneration is paid, by the institution, the distribution and disposal of the specific phonogram, after the fiftieth year of the publication of the phonogram or-in the absence of such publication-after the fiftieth year By legal presentation of the phonogram to the public.
(d) The right of the payment of the contractual agreement of the european communities shall be managed by organisations responsible for the management of the interpreters and performers. (e) Producers of phonograms are obliged to
In the event of a request to provide each year and a total (for all operators-performers, who are entitled to the annual supplementary and for all phonograms) to the management bodies, who are managed by the The annual supplementary payment of the case (b), where any information may be necessary in order to ensure payment of this remuneration. (f) In the event of an interpreter or execution -
The artist is entitled to repeat transactions; they shall not be deducted from such payments the pre-payments or any contractual reservations relating to the specified phonograph paid to the interpreter or executor; After the fiftieth year from the legal tender of the phonogram or-in the absence of such publication-the fiftieth year from the legal presentation of the phonogram to the public. (zg) As a phonogram producer for the purpose of
In the case of sub-cases, aa) to be understood as the primary beneficiary or the universal or quasi-universal beneficiary of that or any third party to whom the relevant rights have been transferred. '
3. The fifth paragraph of Article 52 (d) of Article 52 shall constitute the new Article 52.
4. (e), (g), (g) and (d) of Article 52 are, respectively, in cases where, in the first instance, the first and second subparagraphs of Article 52 (1).
Article 5 Amendment of Article 68a of the Law 2121/1993
(Article 1 (3) and (4) of Directive 2011 /77/EU)
1. End of par. Article 68a of the EC Treaty No 2121/1993 is added as follows:
" The duration of protection provided for in Article 30 of this law shall apply to musical compositions, if either the musical composition or the lyrics were protected in at least one Member State of the European Union on 1 November 2013. And in the musical compositions with verses created-even after that date, subject to any of the transactions carried out before 1 November 2013 and any third-party rights. Where, as a result of this provision, the rights have been transferred or otherwise transferred to third parties on the basis of a licence or a contract of transfer, the beneficiary shall benefit from that period of protection. A special successor to this. In the case of an alternative case, the beneficiary of the project will benefit. The duration of protection provided for in the cases referred to in Article 52 shall apply to materialisation of the interpretation or execution of the acts and phonograms in respect of which the performer or performer, and the producer, (a) the laws, regulations and administrative provisions of the Member States;
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These classes were in the form of 30 October 2011, as they were in force on 1 November 2013, as well as for the harmonisation of the interpretation or enforcement of the acts and phonograms taken after that date. '
2. After par. Article 68a of the EC Treaty Paragraph 1a is added as follows:
' 1a. In the absence of clear indications in the contract to the contrary, a contract for the transfer of the sub-effect of Article 52 (d) of Article 52, concluded before 1 November 2013, shall be considered as continuing to produce results and after A time when the interpreter or performer would no longer be protected, in accordance with Article 52 (c), as in the case before the incorporation of Directive 2011 /77/EU into national law; and
CHAPTER B-CERTAIN PERMITTED USES
ORPHAN WORKERS
Article 6 Purpose
The purpose of Articles 7 and 8 of this law is the harmonisation of the law. 2121/1993 by Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299/ 5).
Article 7 Add Article 27A to the n. 2121/1993
(Articles 1, 2, 3, 4, 5 and 6 of Directive 2012 /28/EU)
After Article 27 of the v. Article 27a (2) is added as follows:
" Article 27A Certain uses of orphan works
1. May be made accessible to the public within the meaning of Article 3 (1) and to be reproduced for the purpose of digitisation, indexing, cataloguing, maintenance or restoration (permitted) (a) from accessible to the public libraries, educational institutions or museums, records or institutions of a graphic or auditory heritage, as well as from public service broadcasters who are in a Member State; European Union (institutions for the use of orphan works) projects included in the collections Where no identity has been identified, or even if it has been identified, has been identified in spite of the work carried out by the operators of orphan works, in accordance with the conditions laid down in this Article (orphans). (projects)
2. This Regulation applies only to: Projects published in the form of books,
In the case of magazines, newspapers, periodicals, or other
Of all written texts that are included in the meetings accessible to the public libraries, teachers and museums, as well as to the collections of archives or an audible or auditory heritage, b. Cinematographic or audiovisual works and phonogram;
(i) the writing of a series of letters included in the collections of prosthetics in the common library, educational institutions or museums, and collections of archives or institutions; Cinematographic or audiovisual works and phonogram;
Documents produced by public service broadcasters up to 31.12.2002 and included in their records, d. Works or other protected object that has
To be incorporated or included or as an integral part of the above works or phonograms. The works of the time, (b), (c),
It is the first time in a Member State of the European Union or, if not published, the first time in a Member State of the European Union or, if not published, the first time in a Member State of the European Union. If these projects have not been published or changed, they shall be used by the use of orphan works only: (a) they have already been made available to the public by any of the operators of orphan works (at least in the form of a lender) by consensus. Of the beneficiaries and (b) it can be assumed that the beneficiaries would not object to the uses allowed by this Article.
3. If a project or phonogram has more than one beneficiaries and not everyone has been identified or, even if they have been identified, not all of them have been informed of the performance and recording of searches, according to which Are defined in paragraphs 6 and 7, the project or the phonogram may be used in accordance with the preceding paragraphs, provided that the rightholders of the rights identified and identified with regard to the rights that have been identified Possess, in particular, the operators of orphaned projects to be able to use the permitted uses in Their rights and their rights.
4. The use of orphan works is permissible by the use of orphan works to achieve and only targets related to their public procurement, in particular maintenance, restoration and cultural provision; and (i) access to the works and phonograms included in their collections. Operators of orphan works may generate revenue in the context of permitted uses to cover their costs of voting and making available to the common orphan works.
5. The orphan works shall indicate in each use of the orphan work the name of the identified persons and beneficiaries and the following labelling: ' Orphan project: [...] [...] [Registration number in the Single Electronic Database of the Office of the Office; Internal Market Report] '.
6. By decision of the Board of Governors of the
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For the purposes of applying the principle of equal treatment for men and women, the institution of the place of employment shall be determined by the institution of the place of employment of the institution of the place of employment of the competent institution. Use of them for each project or phonogram, including projects and protected objects included in it. The diligent search shall be carried out by the operators of orphan works or by third parties at the request of the entities, in the Member State of the first publication or-in the absence of publication-of the first transmission. For cinematographic or audiovisual works, the producer of which has its registered office or habitual residence in a Member State of the European Union, the diligent search shall be carried out in the Member State of its seat or usual residence. If the works have not been published or changed in accordance with the last paragraph of paragraph 2, the search for an audit shall be carried out in the Member State of the European Union in which the orphan works agency is registered. Has made the work available to the public. Where there is evidence to suggest that research should be carried out in other countries, the relevant research should be carried out.
7. The institutions of the use of orphan works performing the successful search shall keep a search of the search throughout the period of use of the orphan work and for seven (7) years after its termination and provide additional information to the Agency. Intellectual Property, which shall transmit them immediately to the United Electronic Data base of the Office for Harmonisation of the Internal Market. This information shall include: (a) a full description of the orphan work and of the names;
(b) the results of the individual search that has been identified by the competent authorities;
Has been carried out by the operators of orphan workers, which have led to the conclusion that a project or phonogram is considered an orphan, (c) a declaration of the use of orphan works
(d) any change in the status of orphan work in respect of the authorised uses to which they are proposed;
(Notification of new data to be shared with them), e) contact details of the orphan use institution
Projects, (f) any other information specified in
Decision of the Governing Council of the Intellectual Property Agency and shall be posted on the Agency's website, in accordance with the relevant procedure laid down by the Office for Harmonisation of the Internal Market in respect of the Database.
8. Non-reactive search is not required for projects already found in the Single Electronic Database of the Internal Market Office of the Internal Market as orphans. A project or phonogram is considered an orphan, if it has been designated an orphan in any Member State of the EU.
9. If a beneficiary of a project or phonograph, or other protected counterpart registered as an orphan, is entitled to an end to the
The status of the project as an orphan in respect of its rights and to call for the cessation of the use of the use of the orphan works, as well as the payment of compensation for the use of the project carried out by the institution. The termination of each project as an orphan is the responsibility of the use of orphan works. The use of orphan works shall be deemed to be within twenty (20) working days, calculated on the basis of the application of the application of the nominee, if the application and the data supplied by it are sufficient to elucidate the application. Its right to this orphan work and whether it makes its designation as "orphan" or reject the application. If the institution of the use of orphan works does not appear on the application within that time limit or even though it has accepted the application, the provisions of Articles 63A to 66D shall be applied. If a project becomes'non-orphan', according to the Single Electronic Database of the Office for Harmonisation of the Internal Market, the institution of orphan works shall be obliged to discontinue use within 10 (10) working days of its receipt. Related notice from the above Office. The allowance is equal to or equal to half of the remuneration.
Normally or otherwise paid for the type of use made by the institution of the orphan works and assigned within two (2) months after the end of the scheme of a project as an orphan. If the parties do not agree, the conditions, maturity and amount of the compensation shall be determined by the Court of First Instance of the Athens Court of First Instance in the case of insurance proceedings.
10. In any event, if it is established that a project has been recognised as an orphan because of a fraudulent and inaccurate search, the provisions of Articles 63A to 66D shall apply.
11. The Intellectual Property Agency shall not be responsible for carrying out the diligent search by the institution of the use of orphan works and the status of an orphan work, as well as for the termination of the scheme.
12. This Article shall be without prejudice to provisions on laws or false works and arrangements for the management of rights under this law. '
Article 8 Amendment of Article 68a of the Law 2121/1993
On timeless law (Article 8 of Directive 2012 /28/EU)
After par. Article 68a of the EC Treaty 2121/1993 paragraph 3 is added as follows:
' 3. The arrangements for orphan works referred to in Article 27a shall apply to all projects and phonograms protected by intellectual property rights or related rights for the first time since 29.10.2014, and not affected; The validity of acts which have been concluded and rights acquired before the above date. '
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Article 9 Amendment of Article 71 of the Law 2121/1993
Article 71 of n. 2121/1993, paragraphs 9 and 10 are added as follows:
' 9. Articles 30, 52 (c), second subparagraph, 52 (d), second and third subparagraphs, 52 (d) (a) to (j) to (g), 68A (1) (e), third to sixth and 68A (1a), apply to Directive 2011 /77/EU of the European Parliament and the Council of 27 September 2011 amending Directive 2006 /116/EC on the duration of protection of the right of establishment.
The Committee of the Committee of the Committee of the European 10. Articles 27a and 68a (3) are:
Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works. '
Article 10 Entry into force
The validity of this law shall start from its publication in the Governing Council of the Government, unless otherwise specified in its individual provisions.
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Athens, 2013
THE PRESIDENT OF PARLIAMENT
NOBLE-KINGDOM COME. MAIMARACIS
THE SECRETARY-GENERAL OF THE SECRETARY-GENERAL OF THE GENERAL SECRETARIAT OF THE PARLIAMENTARY LABOUR
ATHANASIOS D. PAPAIOANNOU, IMMORTALITY. THEODOROPOULOS