Single Member Court of Appeal of Thessaloniki No. 488/2015, ART TV vs the creator of an artistic video

First Publication: http://obtr-dicta.blogspot.gr/

Courtesy of Mr. Th. Kostikos.

The uploading of audiovisual material (video) by its creator to online platforms such as Youtube cannot be considered as a waiver of any economic right on this work. No explicit mention regarding the prohibition of exploitation of the said work by third parties without the consent of the creator is required, since such prohibition is explicitly stipulated in the terms of use of the said platforms.

Key-words: Photograph protection under copyright law- notion of originality in photographs- tilt-shift technique- integration of photographs in a video- illegal television broadcasting of a video-uploading of videos on web platforms (Youtube, Vimeo)- Youtube terms of use- non attendance of the appellant in the first instance.

Law provisions: art. 533 para. 1 and 535 para. 1 Civil Procedure Code; art. 1, 2, 6, 65 Law 2121/1993 [Greek Copyright Act]; art. 281, 346, 914, 932 Civil Code.