1. The establishment of the Committee, its goal and constituting members
According to this provision, as accompanied by specific Ministerial Decisions, EDDPI consists of an out-of-court mechanism, otherwise of an administrative authority to whom copyright and related rights holders may address in accordance with the conditions set – out by the law through various procedures in order to achieve the prompt and effective termination and prevention of the infringement of their rights on the digital environment.
The aim and the role of EDPPI is to promptly provide for specific orders on a case-by-case basis regarding copyright protected works and other subject – matters of protection, while special procedures (live blocking injunctions) are provided for sport and cultural events.
The Committee consists of three members:
- The President of the Hellenic Copyright Organization (HCO),
- A representative of the Hellenic Telecommunications and Post Commission and,.
- A representative of the Hellenic Data Protection Authority.
2. What may the applicant achieve by submitting a request to the Committee?
The procedure before the Committee is an administrative procedure enabling any rightholder who submits a relevant request concerning the unlawful use and disposition of his works on the internet, to achieve (if the application is admissible), within a specific and brief timescale (no later than sixty (60) days), the prompt removal, or the access blocking to the work infringed, depending on the specific circumstances applying in the case at issue, without suspending or affecting the exercise of claims for the same dispute before the courts. However, if an action has been brought by the same applicant with the same claim before the courts either before or during the examination of the case by the Committee, the case shall be closed.
3. Who has resource to the procedure provided before the Committee?
Any person whose copyright or related rights are infringed on the internet (i.e. authors, performers, publishers, collective management organizations etc.).
4. In which cases may a rightholder submit a request to the Committee?
A rightholder may submit an application before the Committee in any case of copyright and/or related rights’ infringement on the Internet provided that the prerequisites set – out by Art. 66E of the Law No. 2121/1993 are fulfilled. The rightholder of copyright or related rights may submit also an application in the case that there is an infringement by the offer of products or services on the internet, either through advertisement or through promotion may follow the same procedure.
However, this procedure does not apply to copyright and/or related rights violations which are/may be committed by end – users.
In addition, rightholders may file an application for the issuing of a secondary act according to sub-paragraph (9) of the said provision.
Moreover, rightholders may address to the Committee cases where a large – scale violation of rights is imminent as related to events of either national or global viewing which are going to be transmitted simultaneously with their conduct (paragraph 10A), i.e. sport and cultural events.
Lastly, EDPPI may deal -following a relevant request- with the transfer of the illegal transmission which had been determined by the means of one or more prior Decision(s) (10A(2)(c)).
5. Are there any prerequisites for the admissibility of the application?
- The advance payment of the fee required for the examination of the case.
- The use of the pre-established application form posted on OPI’s website.
- The attachment of any required document, as well as of any further information available to support and evidence the relevant claim.
- The a priori use of the relevant procedure (if any) provided for by the Internet Service Provider (ISP), which failed to produce results, notwithstanding the fact that it was concluded within a reasonable timescale.
6. What is the fee required for the examination of a case;
The fee required for the examination of the case amounts to:
- 372 euro, if the application concerns one (1) domain name.
- 620 euro, if the application concerns two (2) to five (5) domain names.
- 868 euro, if the application concerns six (6) to ten (10) domain names.
- 1240 euro, if the application concerns eleven (11) to fifty (50) domain names.
- 1240 euro, if the application concerns the blocking of IP addresses that provide access to content through data streaming. Such requests cannot include more than fifty (50) IP addresses.
The aforementioned costs include VAT.
7. What are the consequences of non-compliance to a decision of the Committee?
Imposement of a fine between 500 and 1000 euros for each day of non-compliance.
View the infographic about the complaints procedure for online copyright infringement.