Single Judge First Instance Court of Lamia

Decision n° 81/2015 on the case:

Greek Joint Collective Management Organisation of related rights vs. Food and beverages establishments

On the grounds of reciprocal representation agreements and Rome International Convention on related rights, Greek CMOs are entitled to negotiate, collect and distribute to foreign rightholders fair remuneration deriving from related rights for the use of any phonogram published in Greece within 30 days from its publication in any country. Food and beverages establishments in which music is useful for their operation are bound to the payment of such fair remuneration to CMOs. On the contrary, there is no obligation of payment of fair remuneration in the case of establishments where the use of music (in this case pastry shop and kebab shop) is not necessary for attracting customers or broadening the customer base and customers do not seem to be interested for music.

Key words: Related rights- Collecting Management Organisations- Rightholders- Representativity- foreign rightholders- national treatment- fair remuneration- public use- Food and beverages establishments- list of repertoire used.

Law provisions: Copyright Act (Law n° 2121/1993), art. 46 §1, 47 §2, 49§1, 3 and 6, 55§2, 54§4, 56§3, 57§1, 72 §3; Law n° 2054/1992 (ratification of International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of Rome (26 October 1961), art. 4, 5§2.