Registration of an Artistic Work

Intellectual property protects any original intellectual creation of speech, art or science, expressed in any form, in particular written or oral texts, musical compositions, with or without text, plays, with or without music, choreography and pantomimes , audiovisual works, works of fine arts, including drawings, paintings and sculptures, engravings and lithographs, architectural works, photographs, works of applied arts, illustrations, maps, three-dimensional works relating to geography, topography, architecture or science, translations, adaptations, other alterations of works or expressions of folklore, and collections of works or collections of expressions of popular tradition or simple facts and figures, such as encyclopedias and anthologies, provided that the selection or arrangement of their content is original. Intellectual property law also protects databases, which are intellectual property. This protection does not extend to the contents of the databases and does not affect any of the rights that exist in this content. Also, the computer programs and the preparatory material of their design are protected. Protection is provided in any form of expression of a computer program.

In the event that someone realizes any of the above without the permission of the creator, he infringes his property right and in fact does not care whether it is intended for financial benefit or not. The peculiarity of the moral right lies not only in the fact that it is an independent right from the property but also in the fact that it is not transferable.

The following practices are followed to ensure the creator and the existence of an item to prove paternity:

Deed of submission of the intellectual creation before a notary. The submission of the work to the notary provides with the evidence of the certain date which is freely assessed by the court in case of a lawsuit on infringement of the rights in this work.

Sending a registered letter to the sender and recipient of the creator himself (or even a third party recipient), keeping the receipt and keeping the specific letter, which will include the work, closed until – and if of course – there is a difference regarding the specific work, whenever the letter in question is opened before the court by a judge, who will also certify its content.

In addition to protecting creators, technical progress has created the need to protect performers, producers of audio and / or video media, and broadcasters. Related rights are recognized by Greek law for the artist who interprets or performs the producer of the audio and / or video media, the broadcaster that broadcasts the publisher of the form that has taken care of the typewriting and pagination, the one that publishes unpublished works of creators who are not alive, the database builder.

The law contains an indicative list of performers, which includes actors, musicians, singers, choirs, dancers, puppet artists, Shadow Theater, variety shows (variety shows) or hippodrome (circus).

The intellectual property lasts as long as the life of the creator and seventy (70) years after his death, calculated from the 1st of January of the year, which follows the death of the creator. The duration of the rights of performers is set at fifty (50) years after the date of performance, but may not be less than the lifetime of the performer. However, if during this period there is a legal publication or legal presentation to the public of the material incorporation of the interpretation or performance, these rights last fifty (50) years from the date of this first publication or this first presentation to the public, depending on which became first. The rights of phonogram producers (producers of audio material materials) expire fifty (50) years after the material integration takes place.

The duration of the rights of the producers of audiovisual works (producers of video or audio and video materials) is set at fifty (50) years after the material integration. The duration of the rights of the broadcasters is set at fifty (50) years after the first transmission of a program, whether it is transmitted wire or wirelessly, including cable or satellite transmission or any other mode of transmission. The duration of the publishers’ right is set at fifty (50) years after the last publication of the project. The duration determined in the above cases is calculated from the 1st of January of the year, which follows the generative event, i.e. the death of the creator. Collective Management Organizations (CMSs) manage copyright and related rights holders. Intellectual property and related rights are protected by a network of civil, administrative and criminal sanctions but also by precautionary measures.

The technology industry has already developed Technological measures of Protection (TMP) for the protection of works on the Internet and in general in any digital form. Technological measures are technologies, mechanisms or components which, in their normal mode of operation, are intended to prevent or restrict operations in relation to works or other protected objects not authorized by the proprietor of any intellectual property or related right. Typical examples of technological measures that control or block access to a file or service are the use of a password or identification number, the application of cryptographic techniques, which transmit information in an incomprehensible form, so that a special cryptographic key for restoring it to an occupant and the technique of marking the project with a watermark (digital water markings) or seal, the systems that limit the possibility of creating serial copies (SCMS – Serial Management System) as well as components or hardware mechanisms ( hardware) e.g. (smart cards, dongles, hardware locks-HASP).

If infringement of intellectual property rights or relatives is possible, there is the possibility of taking precautionary measures which prohibit the performance of acts that would constitute infringement of intellectual property, without the need for the specific identification of the specific works. Moreover, in any case where the act of infringement of intellectual property is imminent, such as, when without the required permission of the creator, a theatrical or cinematographic or musical work is to be performed publicly, the locally competent police authority owes under N. 2121/93 (a.63§1) to prohibit this act at the request of the creator or his licensees. The prosecutor’s office, if requested, must give a relevant order to the police authority. The same applies when the public execution started with the permission of the creator, but the payment of the due fee is delayed for more than two days.

In the context of civil law, the creator and the holder of a related right have the opportunity to file:

• an action recognizing their right,
• an action for removal of the infringement,
• an action for the omission of the infringement in the future if
• an infringement or continuation or repetition of an infringement of moral damage, if there is fault of the offender
• lawsuit for return of unjust enrichment of the offender
• lawsuit for payment of the profit obtained from the management of the foreign property of the offender.

Civil penalties provide for the possibility of receiving compensation from the beneficiary for the violation of his rights, which can not be less than twice the fee that is usually or legally paid for the type of exploitation made by the obligor without permission. Almost all the infringements of the intellectual property and the absolute related rights are criminal acts, as it results from a.66 L.2121 / 1993. Finally, Law 3524/2007 provided for administrative sanctions in case of infringement of intellectual property rights.