Article 32: Percentage Fee

(1) The fee payable to the author by the other contracting party to legal agreements relating to the transfer of all or part of the economic right, the granting of the exploitation or for the exploitation license shall be obligatorily determined as a percentage, agreed freely between the parties. The computation of the percentage shall be based on gross revenues without exception or the gross expenditure or on the combined gross revenues and expenditure realized from the activity of the other contracting party in the course of the exploitation of the work. By way of exception, in the following circumstances, the fee may be agreed as a lump sum:
a) when it is practically impossible to establish the basis for the calculation of a percentage fee or when there are no means of monitoring the implementation of a percentage arrangement
b) when the expenditure required for the calculation and the monitoring is likely to be out of reasonable proportion to the fee to be collected
c) when the nature or the conditions of the exploitation make the implementation of a percentage impossible, notably when the author’s contribution is not an essential element in the intellectual creation as a whole, or when the use of the work is secondary in relation to the object of the exploitation

(2) The obligatory percentage arrangement of the fee prescribed in paragraph (1), above, shall be implemented in all circumstances provided that this Law does not stipulate otherwise, and provided that it does not concern works created by employees in the execution of the employment contract, computer programs or advertisement in any form.

Article 33: Rules Relating to Contracts for Printed Editions and Translators’ Rights

(1) The fee payable by the publisher of a printed edition to the author for the reproduction and distribution of a work or of copies of a work shall be agreed as a particular percentage of the retail selling price of all of the copies sold. When the contract for a printed edition refers to a literary work, such as a short story, a short novel, a novel, a poem, an essay, a critical essay, a theatrical work, a travel book or a biography, which is being published in book form in its original language, excluding pocketbook editions, the fee payable to the author by the publisher after the sale of 1,000 copies cannot be less than 10 percent of the retail selling price of all the copies sold.

(2) By way of exception to the provision in paragraph (1), above, the fee payable to the author may be agreed as a lump sum when the work is any of the following:
a) collective works
b) encyclopaedias, dictionaries or anthologies of works of others
c) schoolbooks
d) albums, calendars, agendas, instructional books, printed games and educational items such as maps or atlases
e) prefaces, comments, introductions, presentations
f) illustrations or photographic material in printed editions
g) non-literary picture books for children
h) luxury editions of a limited number of copies
i) magazines or newspapers.

(3) Where a work has more than one author, and in the absence of an agreement to the contrary, the percentage fee shall be distributed among the various authors proportionally according to the extent of their contributions. Where one or more of the authors are unprotected by the copyright provisions of the laws, those of the authors who do enjoy copyright protection shall be paid the percentage fee agreed or that percentage to which they would have been entitled under paragraph (1) of the present article, if all of them had been protected.

(4) Where copies of a work are the object of a rental or lending arrangement involving third parties, the fee payable for the granting of the necessary license shall be shared equally between the author and the publisher.

(5) In a case where the author’s fee is fixed as a percentage of retail sales, and unless some other method of monitoring is agreed, each of the copies to be sold shall be signed by the author. An alternative method of monitoring the number of copies sold shall be fixed in a presidential decree, to be promulgated within six months of the entry into force of this Law, on the recommendation of the Minister of Culture after consultation with the interested professional branches.

(6) The fee payable by the publisher of a printed edition to the translator of a work with respect to the translation, reproduction and distribution of the work shall be agreed as a percentage of the retail selling price of all the copies sold. The provisions of paragraphs (2), (4) and (5) of this Article shall apply mutatis mutandis.

(7) The translator’s name must be indicated on the main title page of the work. If the publisher agrees, the translator’s name may also be indicated on the outer cover of the work.

Article 34: Rules Relating to Audiovisual Production Contracts

(1) A contract dealing with the creation of an audiovisual work between a producer and an author shall specify the economic rights which are to be transferred to the producer. If the aforementioned provision is not met, the contract shall be deemed to transfer to the producer all the economic rights which are necessary for the exploitation of the audiovisual work, pursuant to the purpose of the contract. When the master from which copies for exploitation are to be made, is approved by the author, the audiovisual work shall be deemed to be accomplished. No alteration, abridgment or other modification shall be made to the definitive form of the audiovisual work, as the latter has been approved by the author, without his prior consent. Authors of individual contributions to an audiovisual work may exercise their moral right only in relation to the definitive form of the work, as approved by the author.

(2) The contract between the producer of an audiovisual work and the creators of individual contributions incorporated in the work shall specify the economic rights which are transferred to the producer. If the aforementioned provision is not met, the contract between the producer and the authors of individual contributions, other than the composers of music and writers of lyrics, shall be deemed to transfer to the producer those powers under the economic right which are necessary for the exploitation of the audiovisual work, pursuant to the purpose of the contract. Where the contributions to an audiovisual work are capable of separate use, the economic right in relation to other uses shall remain with their authors.

Authors of audiovisual contributions are considered to be the author of the screenplay, the author of the dialogue, the composer of music, the director of photography, the stage designer, the costume designer, the sound engineer and the final prosecutor (editor).

(3) The author of an audiovisual work shall retain the right to a separate fee for each form of exploitation of the work. The aforementioned fee shall be agreed as a percentage, specified in the relevant contract. The calculation of the percentage shall be based on gross revenues, without exception, or the gross expenditure or on the combined gross revenues and expenditure, realized in the course of the exploitation of the work. The producer of the audiovisual work is obliged once a year to give the author of the work all information concerning the exploitation of the work, in writing, showing him also all relevant documents. Short advertising films shall be exempt from the provisions of this paragraph.

(4) When visual or audiovisual recordings carrying a fixation of an audiovisual work are the object of a rental arrangement, the author shall in all cases retain the right to an equitable remuneration. This provision shall apply also in the case of a rental arrangement relating to sound recordings.

Article 35: Rules Relating to Broadcasting by Radio and Television

(1) In the absence of an agreement to the contrary, the rebroadcasting of a work by radio or television shall require no consent from the author additional to that granted for the first broadcasting. However, when a broadcasting organization rebroadcasts a work it shall pay an additional fee to the author. For the first rebroadcast, the fee payable shall be at least 50 percent of the initial fee agreed for the first broadcast, and for each subsequent broadcast the additional fee shall be 20 percent of the initial fee. This provision shall not apply to the arrangements between collecting societies and users referred to in Article 56 of this Law.

(2) In the absence of an agreement to the contrary, the contract between an author and a broadcasting organization shall not empower the broadcasting organization to permit third parties to broadcast or rebroadcast to the public the work, which is the object of the contract, by wireless waves or by wire or by any other means, in parallel to the surface of the earth or by satellite.

(3) The act of communication of a work to the public by satellite occurs solely in the European Union Member State where, under the control and responsibility of the broadcasting organization, the programme-carrying signals are introduced into an uninterrupted chain of communication leading to the satellite and down towards the earth. If the programme-carrying signals are encrypted, then there is communication to the public by satellite on condition that the means for decrypting the broadcast are provided to the public by the broadcasting organization or with its consent. Where an act of communication to the public by satellite occurs in a non-Community State which does not provide the level of protection provided for under this law, as amended hereby, i) if the programme-carrying signals are transmitted to the satellite from an uplink situation situated in a Member State, that act of communication to the public by satellite shall be deemed to have occurred in that Member State and the rights shall be exercisable against the person operating the uplink station. ii) if there is no use of an uplink station situated in a Member State but a broadcasting organization established in a Member State has commissioned the act of communication to the public by satellite that act shall be deemed to have occurred in the Member State in which the broadcasting organization has its principal establishment in the Community and the rights shall be exercisable against the broadcasting organization. Communication to the public by satellite means the act of introducing, under the control and responsibility of the broadcasting organization, the programme-carrying signals intended for reception by the public into an uninterrupted chain of communication leading to the satellite and down towards the earth. The authorisation to communicate a work to the public by satellite is acquired only by agreement.

(4) Cable retransmission of programmes from other European Union Member States to Greece takes place, as far as copyright is concerned in accordance with the provisions hereof and on the basis of individual or collective contractual agreements between copyright owners, holders of related rights and cable operators. Where no agreement is concluded regarding authorisation of the cable retransmission of a broadcast, either party may call upon the assistance of one or more mediators selected from the list of mediators drafted by the Copyright Organization every two years. The Copyright Organization may consult the collecting societies and cable operators for the drafting of the said list. Mediators may submit proposals to the parties. It shall be assumed that all parties accept a proposal if none of them expresses its opposition within a period of three (3) months from the notification of the proposal. Cable retransmission means the simultaneous, unaltered and unabridged retransmission by a cable or microwave system for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite, of television or radio programmes intended for reception by the public.

Article 36: Theatrical Performance Fee

(1) The rights of playwrights shall be determined as a percentage of gross receipts after deduction of the public entertainment tax.

(2) The fee shall be based on the gross receipts for the whole of the program of a performance of original works or translations or adaptations of ancient or more recent classical works, the minimum fee shall be 22 percent for performances in state theatre and 10 percent for performances in private theatres. For translations of modern works of the contemporary international repertory, the minimum fee shall be 5 percent. Where a program contains works by more than one playwright, the fee shall be shared among them in proportion to the duration of each playwright’s work.

Article 37: Musical Accompaniment of Films

The minimum fee payable to the composers of musical and song accompaniment of films, shown to the public in cinema halls or other spaces, shall be 1 percent of gross receipts after deduction of the public entertainment tax.

Article 38: Photographers’ Rights

(1) In the absence of an agreement to the contrary, a transfer of the economic right or exploitation contract or license dealing with the publication of a photograph in a newspaper, periodical or other mass media shall refer only to the publication of the photograph in the particular newspaper, periodical or mass media specified in the transfer or exploitation contract or license and to the archiving of the photograph. Every subsequent act of publication shall be subject to payment of a fee equal to half the current fee. The publication of a transferred photograph from the archive of a newspaper, periodical or other mass media shall be permitted only when accompanied by a reference to the title of the newspaper or of the periodical or to the name of the mass media, into whose archive the photograph was initially and lawfully placed.

(2) Where the publication of a photograph is facilitated by the surrender of the photographic negative, use shall be made of the negative, in the absence of an agreement to the contrary, only for the first publication of the photograph, after which the negative shall be returned to the photographer.

(3) The photographer shall retain the right to access and request the return to him of his photographs, which have been the object of an exploitation contract or license arrangement with a particular newspaper, periodical or other mass media and which have remained unpublished three months after the date of the exploitation contract or license.

(4) Each act of publication of a photograph shall be accompanied by a mentioning of the photographer’s name. This shall apply likewise when the archive of a newspaper or of a periodical or of another mass media is transferred.

(5) The owner of a newspaper or of a periodical shall not be entitled to publish a photograph created by a photographer, employed by him, in a book or album publication without the employee’s consent. This shall apply likewise to the lending of a photograph.

Article 39: Nullity of Contrary Agreement