The reproduction of a work for private use is permitted, without the requirement of the author’s permission, but against a equitable remuneration. The law considers the reproduction of a legally published work for private use as free. The freedom of reproduction for private use does not apply in case the reproduction prevents the proper use of the work or impairs the legal interests of the authors and especially in the cases of:
- reproduction of an architectural work, in the form of a building or other similar construction,
- reproduction - with technical means - of a work of visual arts published in limited number of copies or reproduction of a musical work’s transcription.
In most cases, technical means will be used for private reproduction. A percentage over the value of these technical means, as determined in art. 18 para. 3 of Law 2121/1993, is paid to the authors and certain rightholders of related rights as equitable remuneration, compensating them for the free reproduction for private use. The law defines this percentage based on the means of reproduction and its allocation to the various categories of rightholders. The fee is paid by the importers or producers of these items and is noted on the invoice. In our country, the right to collect and allocate the equitable remuneration is obligatorily and exclusively exercised solely by the Collecting Society representing each category of rightholders.
Collecting Societies are entitled to ask each liable person to submit to the Hellenic Copyright Organization a solemn statement regarding the total value of the technical means for the reproduction of the work that he imported or distributed (or sold), depending on the case.
