Article 18: Reproduction for Private Use
(1) Without prejudice to the provisions laid down in the following paragraphs, it shall be permissible for a person to make a reproduction of a lawfully published work for his own private use, without the consent of the author and without payment. The term private use shall not include use by an enterprise, a service or an organization.
(2) The freedom to make a reproduction for private use shall not apply when the act of reproduction is likely to conflict with normal exploitation of the work or to prejudice the author’s legitimate interests, and notably:
a) when the reproduction is an architectural work in the form of a building or similar construction
b) when technical means are used to reproduce a fine art work which circulates in a restricted number of copies, or when the reproduction is a graphical representation of a musical work.
(3) If, for the free reproduction of the work, use is made of technical media, such as recording equipment for sound or image or sound and image, equipment or parts incorporated or not in the main computer unit operating in conjunction therewith, used solely for digital reproduction or digital transcription to or from analog media (with the exception of printers), magnetic tapes or other devices for the reproduction of sound or image or sound and image, including digital reproduction devices - such as CD-RW, CD-R, portable optical magnetic discs with a capacity of more than 100 million digits (over 100 Mbytes), storage media/disquettes of less than 100 million digits (less than 100 Mbytes) - photocopy machines, photocopy paper, equitable remuneration is due to the creator of the work and the beneficiaries of related rights under this provision, with the exception of assets to be exported. The remuneration is set at 6% of the value of the devices for the reproduction of sound or image or sound and image, including devices or parts not incorporated or not susceptible to incorporation in the main computer unit (with the exception of scanners), magnetic tapes or other devices suitable for the reproduction of sound or image or sound and image as well as digital reproduction devices - with the exception of storage media/ disquettes of less than 100 million digits (less than 100 Mbytes) - and at 4% of the value of the photocopy machines, scanners, photocopy paper and storage media (disquettes) with a capacity of less than 100 million digits (less than 100 Mbytes). In any event, the value is calculated on import or distribution from the factory. The remuneration is paid by the importers or producers of such items and is noted in the invoice; it is collected by collecting societies operating with the approval of the Ministry of Culture and covering in whole or in part the concerned category of beneficiaries. The remuneration collected for the import or production of photocopy machines, photocopy paper, storage media (disquettes) of less than 100 million digits and scanners (4%) is distributed in half between the intellectual creators and editors. The remuneration collected for the import or production of recording devices and sound or image or sound and image devices, devices and parts not incorporated in the main computer unit (6%), as well as digital reproduction devices, with the exception of storage media (disquettes) of less than 100 million digits, is distributed as follows: 55% to the intellectual creators, 25% to the performers or performing artists and 20% to the producers of recorded magnetic tapes or other recorded devices for sound or image or sound and image.
The concept of photocopying machines or devices also includes any multi-machine capable of reproduction by photocopy.
(4) Every collecting society is entitled to request at any time any debtor, by written notification, to declare the following by statutory statement of Law 1599/1986 to the Copyright Organization:
a) the total value of the sound or visual or audiovisual recording equipment, the sound or visual or audiovisual recordings, photocopier machines, photocopier paper, computers or other technical means used for the reproduction of sound which he imported or made available and
b) that this is the real total value, without any omissions
Within one month from the notification, the debtor is obliged to submit the said statutory statement to the Copyright Organization which should be signed by the debtor, if a personal enterprise, or the statutory representative, if a company.
(5) The collecting societies are not entitled to request the same debtor to submit a new statutory statement before the lapse of at least six months from the submission of the previous one.
(6) If the debtor does not comply with the obligation to submit the statutory statement referred to above, the one-member district court, by the procedure of injunction measures, may order the immediate submission of the statutory statement; in case of non compliance, a pecuniary fine of one to ten million drachmas will be imposed in favour of the applicant collecting society.
(7) If within twenty days from the publication of the said court order, the debtor does not comply with the obligation to submit the statutory statement, the time limit of six months is lifted regardless of any other sanction, and the collecting society is entitled to request the submission of a statutory statement every month. In this case, the provisions of the previous paragraph apply for every statutory statement.
(8) Every collecting society, at its own cost, is entitled to request the investigation of the accuracy of the contents of any statutory statement by a certified accountant appointed by the Copyright Organization. In case the debtor refuses to comply with the said investigation, the one-member district court may order it to in accordance with the above. The report of the certified accountant is submitted to the Copyright Organization and each collecting society is entitled to receive a copy. There cannot be carried out a new investigation for the same statement at the request of other collecting societies.
(9) All enterprises that import or produce or market technical means and recordings that are subject to the fees of this article have the same rights the ones towards the others as the collecting societies referred to in the previous paragraphs. In case of investigation by a certified accountant, the expenses are incurred by the enterprise that requested the investigation.
(10) In the case that the importer is required to pay an equitable remuneration whether it concerns an import or inter-community acquisition of the sound or image or sound and image recordings or other technical means referred to in paragraph (3) of this Article, the remuneration is calculated on the value stated in the invoice of the foreign company, and the invoice note provided for by this article is made on the basis of the disposal invoice of the said recordings and technical means and simply states that the disposal price includes the fee calculated on the said value under paragraph (3) of this Article. The remuneration is payable three months after the import.
(11) When the same category or subcategory of beneficiaries includes more than one collecting society and they have not reached an agreement on the distribution of the percentage of equitable remuneration between them by 1st April of each year, the distribution of the percentages of equitable remuneration to the collecting society of each category or subcategory of beneficiaries, the method of collection and payment, and all other relevant details are determined by resolution of the Copyright Organization (OPI). The resolution of OPI is shaped according to the opinions of the concerned collecting societies, good faith, transaction ethics and practices followed at international and community level. Collecting societies that do not agree with the resolution of OPI may apply to the One-member First Instance Court under the procedure of injunction measures to determine other distribution; however, debtors are obliged to pay the equitable remuneration to collecting societies according to the resolution of OPI. Such payment entails full settlement and discharge thereof.
Article 19: Quotation of Extracts
Quotation of short extracts of a lawfully published work by an author for the purpose of providing support for a case advanced by the person making the quotation or a critique of the position of the author shall be permissible without the consent of the author and without payment, provided that the quotation is compatible with fair practice and that the extent of the extracts does not exceed that justified by the purpose. The quotation of the extract must be accompanied by an indication of the source of the extract and of the names of the author and of the publisher, provided that the said names appear in the source.
Article 20: School Textbooks and Anthologies
(1) The reproduction of lawfully published literary works of one or more writers in educational textbooks approved for use in primary and secondary education by the Ministry of National Education and Religions or another competent ministry, according to the official detailed syllabus, shall be permissible without the consent of the authors and without payment. The reproduction shall encompass only a small part of the total output of each of the writers. The provision is applicable only as it concerns the reproduction by means of printing.
(2) After the death of the author it shall be permissible to reproduce his works in a lawfully published anthology of literary works of more than one writer, without the consent of the right holders and without payment. The reproduction shall encompass only a small part of the total output of each of the writers.
(3) The reproduction, as specified in paragraphs (1) and (2), above, shall not conflict with the normal exploitation of the work from which the texts are taken and must be accompanied by an indication of the source and of the names of the author and the publisher, provided that the said names appear in the source.
Article 21: Reproduction for Teaching Purposes
It shall be permissible, without the consent of the author and without payment, to reproduce articles lawfully published in a newspaper or periodical, short extracts of a work or parts of a short work or a lawfully published work of fine art work exclusively for teaching or examination purposes at an educational establishment, in such measure as is compatible with the aforementioned purpose, provided that the reproduction is effected in accordance with fair practice and does not conflict with the normal exploitation. The reproduction must be accompanied by an indication of the source and of the names of the author and the publisher, provided that the said names appear on the source.
Article 22: Reproduction by Libraries and Archives
It shall be permissible, without the consent of the author and without payment, for a non profit-making library or archive to reproduce one additional copy from a copy of the work already in their permanent collection, for the purpose of retaining that additional copy or of transferring it to another non profit-making library or archive. The reproduction shall be permissible only if an additional copy cannot be obtained in the market promptly, and on reasonable terms.
Article 23: Reproduction of Cinematographic Works
In cases where the holder of the economic right abusively withholds consent for the reproduction of a cinematographic work of special artistic value, for the purpose of preserving it in the National Cinematographic Archive, the reproduction shall be permissible without his consent and without payment, subject to a decision by the Minister of Culture, taken in conformity with the prior opinion of the Cinematography Advisory Council.
Article 24: Reproduction for Judicial or Administrative Purposes
To the extent justified for a particular purpose, the reproduction of a work for use in judicial or administrative procedures shall be permitted without the consent of the author and without payment.
Article 25: Reproduction for Information Purposes
(1) To the extent justified for the particular purpose, the following acts of reproduction shall be permissible without the consent of the author and without payment:
a) For the purpose of reporting current events by the mass media, the reproduction and communication to the public of works seen or heard in the course of the event
b) For the purpose of giving information on current events, the reproduction and communication to the public by the mass media of political speeches, addresses, sermons, legal speeches or other works of the same nature, as well as of summaries or extracts of lectures, provided the said works are delivered in public
(2) Wherever possible, the reproduction and communication to the public shall be accompanied by an indication of the source and of the name of the author.
Article 26: Use of Images of Works Sited in Public Places
The occasional reproduction and communication by the mass media of images of architectural works, fine art works, photographs or works of applied art, which are sited permanently in a public place, shall be permissible, without the consent of the author and without payment.
Article 27: Public Performance or Presentation on Special Occasions
The public performance or presentation of a work shall be permissible, without the consent of the author and without payment on the following occasions:
a) at official ceremonies, to the extent compatible with the nature of the ceremonies
b) within the framework of staff and pupil or student activities at an educational establishment, provided that the audience is composed exclusively of the aforementioned persons, the parents of the pupils or students, persons responsible for the care of the pupils or students, or persons directly involved in the activities of the establishment.
Article 28: Exhibition and Reproduction of Fine Art Works
(1) Museums which own the physical carriers into which works of fine art have been incorporated shall be entitled, without the consent of the author and without payment, to exhibit those works to the public on the museum premises, or during exhibitions organized in museums.
(2) The presentation of a fine art work to the public, and its reproduction in catalogues to the extent necessary to promote its sale, shall be permissible, without the consent of the author and without payment.
(3) In the cases dealt with in paragraphs (1) and (2), above, reproduction shall be permissible, provided such reproduction does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interest of the author.
Article 28A: Reproduction for the Benefit of Blinds and Deaf-mute
The reproduction of the work is allowed for the benefit of blinds and deaf-mute, for uses which are directly related to the disability and are of a non-commercial nature, to the extent required by the specific disability. By resolution of the Minister of Culture the conditions of application of this provision may be determined as well as the application of this provision for other categories of people with a disability.
Article 28B: Exception from the Reproduction Right
Temporary acts of reproduction which are transient or incidental, which are an integral and essential part of a technological process and whose sole purpose is to enable: a) a transmission in a network between third parties by an intermediary or b) a lawful use of a work or other protected subject-matter, and which have no independent economic significance, shall be exempted from the reproduction right.
Article 28C: Clause of General Application concerning the Limitations
The limitations provided for in Section IV of Law 2121/1993, as exists, shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other protected subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder.