Greek Supreme Court [Areios Pagos] (A1 Civil Chamber)

Decision No 1065/2014

(Unknown parties)

Published in “Isocratis” Law Database

• The inter vivos contractual transfer is governed by the relevant provisions 2121/1993 [Greek Copyright Act] and – by analogy and in a complementary manner – by the provisions related to the transfer of claims (Articles 455 et seq. and 470 ).

• The provisions of the Greek Civil Code on bona fide acquisition of movable goods (article 1034 et seq.) and usucapio (article 1041 et seq.) are not applicable on economic rights of copyright.

• The application by analogy of the above mentioned provisions of the Civil Code in copyright law could not be maintained. In fact, the principles of bona fide acquisition, the legal fiction which derives from the fact of possession of an object and the principle of protection of the transactions –valid in the field of tangible property law– are not pertinent in copyright law. Assuming that these principles were applicable, they would not grant sufficient protection to the author, especially under the actual circumstances of dynamic and complex technological evolution in the customs and practice of copyright law.

Key-words: Intellectual Property in Greece; Greek Copyright Law; Audiovisual works; Movies; Usucapio; Transfer of economic rights; Copyright transfer/assignment; Bona fide acquisition; transitional law

Legal provisions: art. 3, 9, 12, 13, 17, 34 and 68 L. 2121/1993, art. 455 et seq., art. 1034 et seq. of the Greek Civil Code.