Multi-member Court of First Instance

PPrAth 815/2006

Protection of related rights. Music radio station. The equitable remuneration for the use of data carriers with recorded performances by a radio station, which is collected under the competence of the Collective societies on behalf of artists, is defined on the basis if: a) the audience rating of the station is based on music broadcasting, b) the range of the station is large enough, c) the station’s incomes from commercials, sponsoring or subsidies were important due to high audience rating because of the specific repertoire, d) the station’s expanses would be enormous if the broadcasting was carried out by a live orchestra and e) broadcasting of new circulations serves as an advertisment for them (DiMEE 4/2006 – 3yr, p. 395, comment P. Koriatopoulou-Ageli). 

PPrAth 1493/2005

Publication of photographs in press. Abrogation of the illegal character of the offence for reasons of public interest and specifically for reasons of newsreel facts description (article 25 Law 2121/1993) (DiMEE 4/2005 - 2nd year, p. 248, comment E. Stamatoudi). 

PPrAth 1477/2005

Court judgments do not constitute intellectual creation of the attorneys attended in the disputes that issued for their resolving, but they are an expression of the public authority and hence the case-law belongs in the non protective cycle of information. Irrespectively of the legal integrity of the documents, they do not have the features of originality described by the law, since as a whole they are non statistically unique in order to be reduced in protected intellectual works, according to articles 1 and 2 of Law 2121/1993 (DiMEE 4/2005 - 2nd year, p. 224). 

PPrAth 875/2005

A TV series is an arbitrary adaptation of the script because of the existence of a sequence of similarities of the former with the latter (DiMEE 4/2005 - 2yr, p. 98, comment L. Kanellos, G. Xotzopoulos, P. Athanasiou). 

PPrAth 5345/2004

Broadcasting of newsreel audiovisual material from a news bulletin of a television station without authorization of the author, constitutes an offence of copyright (DiMEE 4/2005 - 2nd year, p. 94, comment D. Kallinikou). 

PPrAth 4661/2004

Printing of photographs without the consent of the illustrated person – Contradiction of copyright and the rights attaching to the personality (DiMEE 4/2004 - 1st Year, p. 563). 

PPrAth 5177/2003

The action at law by which is requested the definition of the amount of equitable remuneration for broadcasting of performance or acting performance, since it is calculated on the basis of the gross income of the broadcasting company derived from its balance-sheet, is ambiguous and is not subjected to judgment, without however the definition of its amount (DiMEE 4/2004 – 1st Year, p. 92). 

MPrAth 1669/2003

Printing of a design which is protected as an artwork on timecards, is a new way of exploiting, in connection with its printing on a poster for which it was originally provided by the author and hence, it constitutes an offence of the intellectual property right of the author, when it is realized without its authorization (DiMEE 4/2004 - 1st year, p. 93, comment E. Panagiotidou). 

MPrAth 606/2003

Television broadcasting of films without authorization from the real rightholders constitutes an illegal exploitation of these intellectual works (DiMEE 4/2004 – 1st Year, p. 395, comment A. Despotidou). 

PPrThes 30040/2001

Decorative objects for which certificates of utility models were published. Only the copying by a third party of the relevant designs and not of the devices, does not constitute an offence of the relevant certificates (DEE VOLUME 2002, p. 708).