Legislation and Materials
General Remarks on Implementation
Anti-circumvention provisions have been implemented in the Greek Copyright Law (Law 2121/1993) through a legislative amendment implemented by virtue of Law 3057/2002. Article 66A of Law 2121/93 implements article 6 of the EC directive 2001/29 in accordance to article 81 paragraph 11 of law 3057/2002.
Art. 66A refers to “technological measures”, which include any kind of technology, mechanism or component thereof, which in the course of its normal operation aims at stopping or limiting acts in relation to works or other subject matter for which acts permission has not been granted by the rights holder of the copyright, neighboring rights or the sui generis database right.
Technological measures are deemed as “effective” when the use of the work or other subject matter is controlled by the right owner through the deployment of the access control process or through a protection system such as encryption, disturbance of the transmission or other conversion of the work or other protected item or protected mechanism of copy control that achieves the objective of protection. These definitions are literal translation of art.6(3) of the directive.
These definitions are contained in paragraph 1 of art. 66A. Paragraph 2 prohibits the circumvention of any “effective technological measures”. The text is a literal translation of art.6(1) of the Directive. 66A(2) also contains a literal translation of art.6(2) of the directive.
Three levels of penalties are provided in the Greek law: - The civil law penalties of art. 65 of law 2121/93 - Criminal penalties (one year imprisonment and a fine of 2,900-15,000 Euros) - Interim Measures according to the Greek Civil Process may also be imposed in accordance to art. 64 of law 2121/93