Court of Appeal

EfAth 3058/2005

Rights of performers or performing artists whose performance or performing action has been recorded in a data carrier and rights of the producers of audio data carriers. The remuneration owed by the user is paid in the Collective societies. If there is a disagreement on the amount of the equitable remuneration, the difference is solved temporarily by the One-member Court of first Instance during the proceedings of interim measures, until the judgment of the competent court (DEE VOLUME 2005, p. 1179, with note from N. Kyproyli). 

EfAth 551/2005

The reproduction of an intellectual work is permitted for private use. If there is a mass reproduction, an equitable remuneration is paid to the authors and it is calculated on the basis of the value of the objects which are convenient for the reproduction of the works. The equitable remuneration is owed from the time it will be requested from the collective society (DEE VOLUME 2006, p. 274). 

EfAth 6252/2004

Civil partnerships for managing and protection of copyright and related rights of their members. Remuneration according to Article 18 par. 3 Law 2121/1993 (valid as stated) of the work author and the related rights rightholder from the importers or the producers of objects, which are convenient for the reproduction of audio and/or image. The computers are not included. Amount, conditions of payment of the remuneration and its distribution. Constitutionality of remuneration (DEE VOLUME 2005, p. 425 with note from N. Kyproyli). 

EfAth 3005/2004

Concession of rights for exclusive exploitation of author recordings. Legitimate agreement for automatic extension of the contract beyond three years, if its contracted between producers of audio data carriers (DEE VOLUME 2005, p. 581). 

EfAth 143/2004

Self-contained authority arising from copyright. Concession of economic rights of the authors. The criterion of its extension is the purpose of concession. Protection of intellectual rights of the rightholder. Musical composition author. Contract of its exploitation by a phonographic company. The company cannot use the composition in commercial messages of persons or products (DEE VOLUME 2004, p. 415). 

EfAth 5866/2003

Collective society for intellectual property rights. AEPI. Exclusive right of exploitation of Hellenic intellectual authors song creations. Method of publishing and awarding permission of reproduction and distribution of musical works to a third party. Calculation of compensation for exploiting musical works without the relevant permission. Right of the society for compensation on no-material harm, which is different from the non-transferable moral right of the author (DEE VOLUME 2003, p. 1330). 

EfAth 7909/2002

Contract regarding the recommendation of publishers from which the co-signatory editor will buy publishing or intellectual rights of books under remuneration of the recommending party, that consists of a percentage of the profits of the published books, is a work contact and takes up the secondary contract which is similar to a company. Protection of work producers. Protection of collective works and translations. Protection of intellectual author when he is an attorney in fact or a stipendiary (DEE VOLUME 2003, p. 296). 

EfAth 3252/2002

Meaning of work as an intellectual creation. When photographs are an intellectual creation. Reasons why the litigious photograph does not constitute an original work protected by Law 2121/1993 (DEE VOLUME 2003, p. 293). 

EfAth 4040/2001

Photograph as an intellectual creation. As regards to the definition of the protection action of the author, it is necessary to record the precise object of every photograph and the way of selection and presentation of the object which renders this photograph an original intellectual creation (DEE VOLUME 2002, p. 58). 

EfAth 8153/1999

Meaning of originality in intellectual creations. Statistical exceptionality. Creativity amount. Subordination or not of the lenders rating table in an auction, in the protected intellectual works. (DEE VOLUME 2000, p. 383).