News

22.03.2024

The legislation constitutes a restriction on the freedom to provide services that is neither justified nor proportionate.

LEA is a collective management organization that is governed by Italian law and authorized to operate in the field of copyright intermediation in Italy. Jamendo, a company incorporated under Luxembourg law, is an independent copyright management entity which has been operating in Italy since 2004. LEA applied to the Rome District Court for an order requiring Jamendo to cease its copyright intermediation activity in Italy. According to Italian legislation, that activity is reserved exclusively to the Italian society of authors and publishers and to the other collective management organizations listed, such as LEA, whereas independent management entities are excluded from that field.

The Rome District Court asked the Court of Justice whether the directive on collective management of copyright precludes legislation of a Member State which generally and absolutely excludes the possibility of independent management entities established in another Member State providing their services in that first Member State.

In its judgment, the Court replies that, in so far as the national legislation at issue does not allow independent management entities established in another Member State to provide their copyright management services in Italy, it constitutes a restriction on the freedom to provide services. Although that restriction may in principle be justified by the overriding objective of protecting intellectual property rights, it is not proportionate, as it generally and absolutely precludes any independent management entity established in another Member State from carrying out its activity in the market concerned. The Court points out that measures that are less restrictive of the freedom to provide services might enable the objective to be attained.

Consequently, the Court finds that the Italian legislation at issue is not compatible with EU law.

Find the judgment here.

21.03.2024

The Commission adopted a recommendation to combat counterfeiting both offline and online, and enhance the enforcement of intellectual property rights (IPR). The Recommendation, also known as the EU toolbox against counterfeiting, aims to foster collaboration between rights holders, service providers, and law enforcement, while encouraging best practices and the use of modern tools and technologies.

21.03.2024

The Ministry of Culture launched a public online consultation on the draft law entitled: "Creative Greece: strengthening the cinematographic, audiovisual and creative sector, establishment of a body for the book sector and other provisions of contemporary culture".

14.03.2024

The European Audiovisual Observatory has published a new analysis of algorithms and their regulation through EU law.

12.03.2024

The HCO in cooperation with the Law School of the National and Kapodistrian University of Athens are organizing a scientific event with the title “AI and Copyright”. The event takes place on the occasion of the celebration of World Intellectual Property Day 2024.

11.03.2024

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The HCO will participate with a speech at the conference organized by the European Young Lawyers Association - Athens Section (ELSA Athens) on "Law & Fashion", which will take place on Saturday 9 March 2024 at the Athens Chamber of Commerce and Industry. Ms. Maria G. Sinanidou, Attorney at Law, Scientific Associate of HCO, will give a speech on "Fashion and Copyright: Issues of Originality, Appropriation and Protection".

In celebration of International Women's Day, offices and intellectual property organizations around the world, including the Hellenic Copyright Organization, are joining together to defend diversity across the intellectual property (IP) landscape.

07.03.2024

The collective work "Copyright Law - Interpretation of the regulations 4961/2022 and 4996/2022" has been published, edited by K. Christodoulou, Professor of Law at the School of Law of the University of Athens, P. Tsiris, President of the HCO, Professor of Law at the Panteion University and M.- D. Papadopoulou,  Director of the HCO, PhD, Lawyer.

19.02.2024

The 2nd Experimental High School of Athens took part in the Athens Student Trade Fair of the Junior Achievement Greece "Virtual Business" program, which took place on Friday, February 16, 2024 at The Mall Athens. The HCO provided information and advice on copyright issues to the group of students who participated in the program.