IP/N/1/GRC/11, IP/N/1/GRC/C/5

Greece

Law 4481/2017 - Collective management of copyright and related rights, multi-territorial licensing in musical works for online use in the internal market and other issues falling within the scope of the Ministry of Culture and Sports

Operation of Collective Management Organizations and of Independent Management Entities within the Greek territory. The amendments included herein refer to the reformulation of the status and foremost of the conditions that need to be cumulatively fulfilled in order for a CMO or an IME to lawfully operate as such within the Greek territory. Moreover, a special provision devoted to IMEs had been recently amended (as follows) in order to oblige IMEs to refer to the HCO a number of documents within a time-frame of three (3) months from the commencement of their operation, while they are also now obliged to post to their official websites their repertoire. Further, it had been stated that IMEs cannot become a member of a CMO in relation to the management of copyright and related rights that fall under the mandatory collective management regime. Last, Article 48 provides for the EU rule of bilateral communication and exchange of information between national authorities – supervising bodies at each member State in respect of the compliance of a foreign CMO or an IME to the national system of the country where they are located. See in particular Articles 4, 32 and 48 of Law 4481/2017 (details under "Other information" below).

See in particular Articles 4, 32 and 48 Art. 4 https://www.opi.gr/en/library/law-4481-2017#a4 Paragraphs 7–9 of Article 4 of the Law 4481/2017 on "Collective management of copyright and related rights, multi-territorial licensing in musical works for online use in the internal market and other issues falling within the scope of the Ministry of Culture and Sports" had been amended under Article 52 of Law No. 4761/2020 (https://www.e-nomothesia.gr/kat-arxaiotites/nomos-4761-2020-phek-248a-13-12-2020.html). These provisions refer to the conditions that need to be fulfilled in order for CMOs and IMEs established in another EU member State to be able to operate within the Greek territory by requiring the submission of specific documents as well as of the issuing of a respective decision by the Minister of Culture and Sports. Art. 32 https://www.opi.gr/en/library/law-4481-2017#a32 Operation of Independent Management Entities (IMEs) within the Greek territory Under Art. 51(3) of Law 4761/2020 paragraph 1 of Art. 32 had been amended, while paragraph 4 of the said provision concerning future notification obligations of IMEs had been abolished. This provision concerned IMEs' obligation to submit to the HCO a number of documents within a time–period of three (3) months from the commencement of their operation. However, this provision was added again under Law 4996/2002 (Official Government Gazette (FEK) 218/Α/24.11.2022) (https://www.e-nomothesia.gr/kat-pneumatike-idioktesia/n-4996-2022.html) by the means of which Directives (EU) 2019/789 and 2019/790 were implemented into the national legal order. Accordingly, it is now again provided that IMEs shall submit, within three months from their operation, to the HCO the information provided by sections a), b), c), f), g) h), i) and ji) of paragraph 1 of Article 28 (https://www.opi.gr/en/library/law-4481-2017#a28), as well as information concerning representation agreements in the case where they operate as exclusive representatives. Such information is updated immediately following its amendment and, in any case, once a year, until the 31st of January, in accordance with paragraph 7 of Article 4. Completion or explanation on such information may be requested. In addition, paragraph 5 was added to this provision which dictates that IMEs under this Article are not allowed to become a member of a Collective Management Organization or to enter into any other contractual relationship with him on the object of mandatory collective management of rights and of their distribution to right holders. Art. 48 https://www.opi.gr/en/library/law-4481-2017#a48 The amendment concerned paragraph 2 of the said provision which was introduced under paragraph 4 of Article 51 of Law No. 4761/2020. It is accordingly provided that, where the HCO considers that a CMO or an IME, which is established in another EU member State and operates within the Greek territory, might be not compliant with the provisions of the national law of the member State in which it is established and which had been set out for the purpose of adaptation to the Directive, it transmits, by notifying the Minister of Culture and Sports, all relevant information to the competent authority of the member State in which the organization or the independent management entity is established. Such information may be complemented by an application to the authority to receive all appropriate measures within its competence. If the HCO receives respective information or an application from a competent authority of another member State of the EU for a CMO or an IME which is established in Greece but operates in another member State, it transmits the application or information to the Ministry of Culture and Sports and recommends the taking of appropriate measures. The HCO provides for a reasoned reply to the competent authority within three (3) months from the receipt of the application. See also: IP/N/1/GRC/9 (Law 2121/1993 on Intellectual property, related rights and cultural issues) and IP/N/1/EU/C/9 (Directive 2014/26/EU "on the collective management of copyright and related rights and multi-territorial licensing in musical works for online use in the internal market") See in particular Articles 4, 32 and 48 Art. 4 https://www.opi.gr/en/library/law-4481-2017#a4 Paragraphs 7–9 of Article 4 of the Law 4481/2017 on "Collective management of copyright and related rights, multi-territorial licensing in musical works for online use in the internal market and other issues falling within the scope of the Ministry of Culture and Sports" had been amended under Article 52 of Law No. 4761/2020 (https://www.e-nomothesia.gr/kat-arxaiotites/nomos-4761-2020-phek-248a-13-12-2020.html). These provisions refer to the conditions that need to be fulfilled in order for CMOs and IMEs established in another EU member State to be able to operate within the Greek territory by requiring the submission of specific documents as well as of the issuing of a respective decision by the Minister of Culture and Sports. Art. 32 https://www.opi.gr/en/library/law-4481-2017#a32 Operation of Independent Management Entities (IMEs) within the Greek territory Under Art. 51(3) of Law 4761/2020 paragraph 1 of Art. 32 had been amended, while paragraph 4 of the said provision concerning future notification obligations of IMEs had been abolished. This provision concerned IMEs' obligation to submit to the HCO a number of documents within a time–period of three (3) months from the commencement of their operation. However, this provision was added again under Law 4996/2002 (Official Government Gazette (FEK) 218/Α/24.11.2022) (https://www.e-nomothesia.gr/kat-pneumatike-idioktesia/n-4996-2022.html) by the means of which Directives (EU) 2019/789 and 2019/790 were implemented into the national legal order. Accordingly, it is now again provided that IMEs shall submit, within three months from their operation, to the HCO the information provided by sections a), b), c), f), g) h), i) and ji) of paragraph 1 of Article 28 (https://www.opi.gr/en/library/law-4481-2017#a28), as well as information concerning representation agreements in the case where they operate as exclusive representatives. Such information is updated immediately following its amendment and, in any case, once a year, until the 31st of January, in accordance with paragraph 7 of Article 4. Completion or explanation on such information may be requested. In addition, paragraph 5 was added to this provision which dictates that IMEs under this Article are not allowed to become a member of a Collective Management Organization or to enter into any other contractual relationship with him on the object of mandatory collective management of rights and of their distribution to right holders. Art. 48 https://www.opi.gr/en/library/law-4481-2017#a48 The amendment concerned paragraph 2 of the said provision which was introduced under paragraph 4 of Article 51 of Law No. 4761/2020. It is accordingly provided that, where the HCO considers that a CMO or an IME, which is established in another EU member State and operates within the Greek territory, might be not compliant with the provisions of the national law of the member State in which it is established and which had been set out for the purpose of adaptation to the Directive, it transmits, by notifying the Minister of Culture and Sports, all relevant information to the competent authority of the member State in which the organization or the independent management entity is established. Such information may be complemented by an application to the authority to receive all appropriate measures within its competence. If the HCO receives respective information or an application from a competent authority of another member State of the EU for a CMO or an IME which is established in Greece but operates in another member State, it transmits the application or information to the Ministry of Culture and Sports and recommends the taking of appropriate measures. The HCO provides for a reasoned reply to the competent authority within three (3) months from the receipt of the application. See also: IP/N/1/GRC/9 (Law 2121/1993 on Intellectual property, related rights and cultural issues) and IP/N/1/EU/C/9 (Directive 2014/26/EU "on the collective management of copyright and related rights and multi-territorial licensing in musical works for online use in the internal market")

Hellenic Copyright Organization (OPI-HCO)

https://ip-documents.info/2023/IP/GRC/23_11157_00_e.pdf