Single Judge First Instance Court of Thessaloniki (provisional measures)

Decision No. 4657/2015

οn the case

Greek Joint Collective Management Organization of related rights (GEA) vs Night clubs owners

First Publication of summary: www.IPrights.gr

There is no obligation of payment of royalties to “AEPI” and “Autodiahirisi” for an establishment performing in public exclusively music repertoire of companies such as “Fairmusic” and “Jamendo”, given that its owner declares on honour that the repertoire perfomed therein belongs to authors who are not members of the above CMO’s. However, this does not exempt from the payment of the equitable remuneration of related rights owners due to “GEA”.

*AEPI & AUTODIAHIRISI are the Greek Collective Management Organizations of copyright on musical works.

** GEA is Greek Joint Collective Management Organization of related rights.

Key-words: Intellectual Property in Greece; Greek Copyright Law; musical works; public performance of music; food and beverage establishment; music necessary for operation; night club; Thessaloniki; GEA; AEPI; Autodiahirisi; equitable remuneration; Fairmusic; Jamendo; Creative commons; tarrif list; music public performance licence; financial crisis; interim determination of equitable remuneration.

Law provisions: art. 46, 47 para. 1, 49 para. 1, 6 and 7, 55 para. 2, 63 para. 2, 65 Law No. 2121/1993 [Greek Copyright Act]; art. 46 para. 1 and 3 Law No. 3904/2010; Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations; document No. 16641/10-5-2011 issued by the Hellenic Copyright Organization.