One-member Court of First Instance

MPrAth 954/2006

Copyright. Use of photographs for television commercials without the previous authorization of the legitimate right holders. Omission of rights clearance (DiMEE 2/2006 - 3rd Year, p. 238, comment P. Koriatopoulou-Ageli). 

MPrAth 632/2006

Writing of travel guides from an employee of a travel guides publishing company, after his own initiative and non-formal agreement between him ant the company for publishing and circulating them. Non-agreement for his remuneration. Protection of its copyright. Prohibition of reproduction and trading the travel guides (DEE VOLUME 2006, p. 481).

MPrPeir 1340/2006

Collective societies. Protection of related rights. Equitable remuneration. Performance to an audience. Meaning. Collecting societies are competent for collecting equitable remuneration on behalf of artists for the usage of musical repertoire with pubic performance in location of audience turnout and especially in businesses in which music is necessary. The owner of small meat skewer store is not obliged to pay such remuneration if this store is operating mainly by receiving orders of products delivered at home. The audio data carrier that he uses is not necessary or useful for its business since this is a small radio device with out a stereo or a microphone installation and is used mainly for news update and entertainment (DiMEE 4/2006 – 3rd Year, p. 391, comment E. Kontouma).

MPrAth 8266/2005

Collective societies. Protection of related rights. Equitable remuneration. Public performance. Collective societies are competent for collecting equitable remuneration on behalf of artists, for the usage of a musical repertoire in bars-restaurant businesses, since this is a public performance in a location of audience turnout and more specifically in businesses in which music is necessary. Regarding the defining of the amount of equitable remuneration, the following are taken into account: a) the contribution of the use on customers turnout, b) the expanses of the company if the music program was performed by a live orchestra, c) the time of use of the audio devices with the recorded performances and d) the kind of business and the store area (DiMEE 4/2006 - 3rd Year, p. 390, comment E. Kontouma). 

MPrAth 3163/2005

Illustration. Technical processing of a creative idea through an illustrator does not consist participation in the idea of the creation and consequently lacks the conceptual feature of copyright. (DiMEE 4/2005 - 2nd year, p. 416, comment P. Koriatopoulou). 

MPrThes 39982/2005

The denial of the applicant to provide in print the verbal consent he has already provided, exceeds obviously the limits of good faith and ofeends the moral and economical rights of the co-author of the common work, since her capability of economical exploitation of the work is canceled (DiMEE 1/2006 - 3rd Year, p. 71, comment P. Koriatopoulou-Ageli). 

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 ( 

MPrAth 2122/2004

Reproduction of photographs from a non-rightholder, by any technical method constitutes, an offence of the publisher’s economic right and the author’s moral right, while in case of illegal printed reproduction, the related right of the publisher is also offended. (DiMEE 4/2005 - 2nd year, p. 100, comment X. Tsigou). 

MPrAth 1745/2004

The request of prohibiting the publication and circulation of a book and the withdrawal of its copies that are already in circulation, cannot be satisfied by interim measures because it consists full satisfaction of rights (DiMEE 4/2004 - Year 1st, page 233). 

MPrAth 61/2004

Act 146/1914 protects gramophone records that produced before 1943. The provisions of Law 2121/1993 protect the posterior audio data carriers. Non existence of the moral right of the audio data carriers producer to be mentioned as the first rightholder in every posterior reproduction (DEE VOLUME 2004, p. 1151).