The temporal and territorial exceedance of contractually agreed exploitation of an actor’s interpretation corresponds to a violation of the respective related rights

Three-Member Court of Appeal of Athens

Decision No. 761/2016

Related rights protect efforts that are related or similar to copyright [subject matter], but that do not present the characteristics of intellectual creation. These efforts contribute, however, decisively in the dissemination of protected works.

The protection recognized for performers is independent and distinct from copyright protection that enjoy the creators of copyriightable works

The enumeration of prerogatives of performers’ moral rights in the law is exhaustive and by no means indicative

The civil liability provisions contained in the Law No. 2121/1993 [Greek Copyright Act] are applicable equally to violations of both copyright and related rights

In case of related rights violations, a quasi-rebuttable presumption is applicable, according to which every violation act which takes place without the consent or authorization of the rightholder performer is illegal.

The temporal and territorial exceedance of contractually agreed exploitation of an actor’s interpretation corresponds to a violation of the respective related rights

Key-words: Related/Neighboring Rights; performers; actors; commercial spots; exploitation of performances; contractual limitations; illegal violation; financial compensation; moral damages

Legal provisions: art. 40, 50, 65 Law No. 2121/1993 [Greek Copyright Act]

Source: NoV 2016, vol. 64, May 2016, p. 854 ff.

Edited by: Dr Theodoros Chiou, IP lawyer