MPrKoz 281/2005

Copyright – Related rights Interim measures – Temporary claim adjudgment – Temporary addressing of the situation. The persons that perform or act in any way an intellectual work, like actors, musicians, singers etc., are performers or artists while the producers of the audio data carriers are the physical or legal persons whose initiative or responsibility is responsible for realizing the first recording of a series of audio or images with audio. For them is recognized the exclusive and absolute right to authorize or prohibit certain uses of their contributions. The right of equitable remuneration is established for them when these audio data carriers are used in any way for radio/TV broadcasting or presentation to an audience. The remuneration is integrated, i.e., it is paid once and is distributed by half between the two categories of right holders. The collection and managing of equitable remuneration is awarded by obligation to the collective societies. Every category of the right holders can be represented for the collection of the equitable remuneration, by a separate collective society. In case of disagreement amongst the users and the collective societies, the amount of the equitable remuneration and the terms of payment are defined by the One-Member Court of first innstance during the proceedings of the interim measures. There is a prediction of temporarily adjudgment of the equitable remuneration, the amount of which cannot exceed in total the half of the possible claim. By evidence, collective societies are legalized to establish contracts or to act in court on behalf of all intellectual authors (www.dsanet.gr).