Article 46: License by Performers

(1) The term performers shall designate persons who in any way whatsoever act or perform works, such as actors, musicians, singers, chorus singers, dancers, puppeteers, shadow theatre artists, variety performers or circus artists.

(2) The performers or performing artists have the right to authorize or prohibit:
a) the fixation of their performance
b) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, concerning the fixation of their performance
c) the distribution to the public of the fixation of their performance, by sale or other means. The distribution right shall not be exhausted within the Community in respect of the fixation of the performance except where the first sale in the Community is made by the rightholder or with his consent
d) the rental and public lending of the fixation of their performance. Such rights are not exhausted by any sale or other act of distribution of the said recordings
e) the radio and television broadcasting of the illegal fixation by any means, such as wireless waves, satellites, or cable as well as the communication to the public of a recording with an illegal fixation of their live performances
f) the radio and television broadcasting by any means, such as wireless waves, satellites, or cable, of their live performance, except where the said broadcasting is rebroadcasting of a legitimate broadcasting
g) the communication to the public of their live performances made by any means other than radio or television transmission
h) the making available to the public of fixations of their performances, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them. This right is not exhausted by any act of making available to the public, in the sense of this provision.

(3) Subject to contractual clauses to the contrary, explicitly specifying which acts are authorized, the acts listed in paragraph (2), above, shall be presumed to have been authorized when a performer has entered into an employment contact, having as its object the operation of those particular acts, with a party who is doing such acts. The performer shall at all times retain the right to remuneration for each of the acts listed in paragraph (2), above, regardless of the form of exploitation of his performance. In particular, the performer shall retain an unwaivable right to equitable remuneration for rental, if he has authorized a producer of sound or visual, or audiovisual recordings, to rent out recordings carrying fixations of his performance.

(4) Where a performance is made by an ensemble, the performers making up the ensemble shall elect and appoint in writing one representative to exercise the rights listed in paragraph (2) above. This representation shall not encompass orchestral conductors, choir conductors, soloists, main role actors and principal directors. If the performers making up an ensemble fail to appoint a representative, the rights listed in paragraph (2), above, shall be exercised by the director of the ensemble.

(5) It is prohibited to transfer during the lifetime of the performer and to waive the rights referred to in paragraph (2), above. The administration and protection of the aforementioned rights may be entrusted to a collecting society pursuant to Articles 54 to 58 of this Law.

Article 47: License by Producers of Sound and Visual Recordings

(1) The phonogram producers (producers of sound recordings) have the right to authorize or prohibit:
a) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of their phonograms
b) the distribution to the public of the above recordings by sale or other means. The distribution right shall not be exhausted within the Community in respect of the said recordings except where the first sale in the Community is made by the rightholder or with his consent
c) the rental and public lending of the said recordings. Such rights are not exhausted by any sale or other act of distribution of the said recordings
d) the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them concerning their phonograms. This right is not exhausted by any act of making available to the public in the sense of this provision
e) the import of the said recordings produced abroad without their consent or the import from a country outside the European Community when the right over such import in Greece had been retained by the producer through contract.

(2) The producers of audiovisual works (producers of visual or sound and visual recordings) have the right to authorize or prohibit:
a) the direct or indirect, temporary or permanent reproduction by any means and form, in whole or in part, of the original and copies of their films
b) the distribution to the public of the above recordings, by sale or other means. The distribution right shall not be exhausted within the Community in respect of the said recordings except where the first sale in the Community is made by the rightholder or with his consent
c) the rental and public lending of the said recordings. Such rights are not exhausted by any sale or other act of distribution of the said recordings
d) the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them concerning the original and the copies of their films. This right is not exhausted by any act of making available to the public in the sense of this provision
e) the import of the said recordings produced abroad without their consent or the import from a country outside the European Community when the right over such import in Greece had been retained by the producer through contract
f) the broadcasting of the said recordings by any means including by satellite or cable, as well as the communication to the public (articles 2, 3 par. 2 and 3, 4 of Directive 2001/29).

(3) The term producer of sound recordings shall designate any natural or legal person who initiates and bears the responsibility for the realization of a first fixation of a series of sounds only. The term producer of visual or sound and visual recordings shall designate any natural or legal person who initiates and bears responsibility for the realization of a first fixation of a series of images with or without sound.

Article 48: License from Radio or Television Organizations

(1) Radio and television organizations have the right to permit or prohibit:
a) the transmission of their broadcasts by any means such as wireless waves, satellites or cable
b) the communication of their broadcasts to the public in places accessible to the public against payment of an entrance fee
c) the fixation of their broadcasts on sound or sound and visual recordings, regardless of whether the broadcasts are transmitted by wire or by air, including by cable or satellite broadcasting
d) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part of the fixation of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including cable or satellite
e) the distribution to the public of the recordings containing the fixation of their broadcasts, including the copies thereof, by sale or other means. The distribution right shall not be exhausted within the Community in respect of devices containing the recording of their broadcasts except where the first sale in the Community is made by the rightholder or with his consent
f) the rental or public lending concerning the recordings containing the fixation of their broadcasts. Such rights are not exhausted by any sale or other act of distribution of the said recording
g) the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them concerning the fixation of their broadcasts. This right is not exhausted by any act of making available to the public, in the sense of this provision.

(2) Radio or television organizations shall not have the right provided for in paragraph (1) (c), above, when they merely retransmit by cable the broadcasts of a radio or television organization.

Article 49: Right to Equitable Remuneration

(1) When sound recordings are used for a radio or television broadcast by any means, such as wireless waves, satellite or cable, or for communication to the public, the user shall pay a single and equitable remuneration to the performers whose performances are carried on the recordings and to the producers of the recordings. This remuneration shall be payable only to collecting societies. The said collecting societies shall be responsible for negotiating and agreeing the remuneration levels, raising the claims for the payment and collecting the remuneration from the users. Where there is a dispute between the users and the collecting societies, the level of the equitable remuneration and the terms of payment shall be determined by the single-member court of first instance pursuant to the cautionary measures procedure at the request of collecting societies (as amended with article 46 Law 3905/2010). The final judgment concerning the remuneration shall be rendered by the competent court.

(2) Without prejudice to the obligatory assignment of the administration of rights and the collection of the remuneration by collecting societies operating according to Articles 54 to 58 of the Law, the right of performers to the reasonable remuneration prescribed under paragraph (1), above, shall not be assignable.

(3) The collected remuneration shall be distributed in order of 50 percent to the performers and 50 percent to the producers of the recordings. The distribution of the collected remuneration among the various performers and among the various producers shall be effected pursuant to agreements among them that are contained in the rules of each collecting society.

(4) Performers shall have the right to an equitable remuneration in respect of any radio or television rebroadcast of their performance transmitted by radio or television. Without prejudice to the possibility of assigning the administration of rights and the collection of remuneration to collecting societies according to the provisions of Articles 54 to 58 of this Law, an equitable remuneration prescribed in this paragraph shall not be assignable.

(5) When visual or audiovisual recordings are used for radio or television broadcast by any means, such as wireless waves, satellite or cable or communication to the public, the user shall pay equitable remuneration to the performers whose performances are carried on the recordings. The provisions of paragraph 1 item b, c, d and e, as well as paragraphs 2 and 4 of the present article shall be applicable mutatis mutandis.

(6) Collecting societies of related rights operating with the approval of the Minister of Culture and Tourism may establish a single collecting society for the collection of the single equitable remuneration as referred to in paragraphs 1, 2 and 3 of this article. Collecting societies operating with the approval of the Minister of Culture exclusively assign to the single collecting society the power to negotiate, agree the level of pay, raise the relevant claims for payment, raise a court action or any extra-judicial action and collect relevant fees from users. During its operation the single collecting society of related rights has the sole responsibility to negotiate, agree the level of pay, raise the relevant claims for payment, raise a court action or any extra-judicial action and collect relevant fees from users. In case of disagreement between the single collecting society and the users, the amount of equitable remuneration payable and the terms of payment are determined by a single member court in the proceedings for interim relief. At the request of the single collecting society, the competent court issues its final judgement on the remuneration. For the single collecting society of related rights to be granted approval and any other matter pertaining to collective management, the provisions of Articles 54 to 58 of Law 2121/1993 apply.

(7) Pending litigation during the time that the single collecting society is being established is pursued by the original parties until it is irrevocably resolved (as added with article 46 Law 3905/2010).

Article 50: Moral Right

(1) During their lifetime, performers shall have the right to full acknowledgment and credit of their status as such in relation to their performances and to the right to prohibit any form of alteration of their performances.

(2) After the death of a performer that person’s moral right shall pass to his heirs.

(3) The provisions of Article 12(2) and Article 16 of this Law shall be applicable mutatis mutandis to the moral right of performers.

Article 51: Rights of Publishers

Publishers of printed matter shall have the right to authorize or prohibit the reproduction by reprographic, electronic or any other means of the typesetting and pagination format of the works published by them, if the said reproduction is made for exploitation purposes.

Article 51A: Protection of Previously Unpublished Works