Legislation and Materials
General Remarks on Implementation
The Greek implementation of Directive 2001/29 has been particularly concerned with being as close to the text of the directive as possible. The limitation to the right in the provisions of the Greek copyright law prior to the implementation of the directive have survived the implementation through the introduction of a special procedure that attempts to mitigate any negative impact the directive could have had on them.
Special measures have been implemented for the following classes of uses: - reprographic reproduction fro private use (art. 18) - reproduction for teaching purposes (art. 21) - reproduction for libraries and archives (art. 22) - reproduction for judicial and administrative purposes (art. 24) - reproduction in the case of disabled persons (art. 28A)
According to the art.66A(5) the right holder is not permitted to prohibit access to the work to any of the aforementioned classes of users provided the latter have the lawful right to access the protected work or subject matter. The right holders have the obligation to take measures so that these classes of user have access to the work or other protected subject matter. In the case such measures have not been taken, the aforementioned classes of users have the right to ask the assistance of one or more mediators that are selected from the relevant table of mediators the Greek Copyright Organisation compiles. The mediators are making the relevant proposals to the interested parties. If none of the parties raises an objection within a month from the announcement of the proposals, it is deemed that agreement has been established. If the parties cannot reach an agreement, the dispute is resolved by the Athens Second Instance Courts that produce a final decision.
Nevertheless, this procedure is not applicable in the case of works that are available to the public on the basis of terms and conditions that have been agreed on the basis of a contract, so that the public has access to them when and where it decides.
These provisions essentially implement the “copy-duty” provisions of art.6(4) of the directive 2001/29 and are in accordance to the Commission obligations to examine whether the exceptions are adversely effected by the introduction of the technical measures provisions according to art.12 of the Directive 2001/29.
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