Article 67: Applicable Legislation

(1) Copyright in a published work shall be governed by the legislation of the State in which the work is first made lawfully accessible to the public. Copyright in an unpublished work shall be governed by the legislation of the State in which the author is a national.

(2) Related rights shall be governed by the legislation of the State in which the performance is realized, or in which the sound or visual or sound and visual recording is produced, or in which the radio or television broadcast is transmitted or in which the printed publication is effected.

(3) In all cases, the determination of the subject, object, content, duration and limitations of the right shall be governed by the legislation applicable pursuant to paragraphs (1) and (2), above, with the exception of any exploitation license arrangement. The protection of a right shall be subject to the legislation of the State in which the protection is sought.

(4) Paragraphs (1), (2) and (3), above, shall apply except where they run contrary to any international convention ratified by Greece. In the case of States not conjoint with Greece through the ratification of an international convention, paragraphs (1), (2) and (3), above, shall be applicable as regards the protection of copyright or of any particular object of copyright or of any particular related right, provided that the legislation of the relevant state offers adequate copyright protection to works first made accessible to the public in Greece and to related rights stemming from acts effected in Greece.

Article 68: Law not Retroactive

(1) Works for which the duration of protection has expired prior to the entry into force of this Law shall remain without copyright protection.

(2) The protection prescribed under Article 2(3) and Articles 40 to 53 shall become applicable to computer programs created in the past and to related rights stemming from acts effected in the past from the date of the entry into force of this Law.

(3) Contracts concluded before the entry into force of this Law shall be governed by the preceding legislation for one year from the date of the entry into force of this Law.

Article 68A: Diachronic Law

(1) The terms of protection provided for in articles 29, 30, 31 and 32 of the present law shall apply to all works and subject matter which are protected by related rights in at least one Member-State on 1.7.1995 pursuant to national provisions on copyright property and related rights. Third parties who undertook the exploitation of works or subject matter which are protected by related rights that had become common possession before the entry into force of the present law may continue the said exploitation in the same ways, with the same means and to the same extent until 1.1.1999.

(2) The agreements concerning the exploitation of works and other protected subject matter which were valid before 1.1.1995 are subject as of 1.1.2000 to the provisions of article 35, paragraph 3, of the present law, provided that they expire after this date. If an international co-production agreement concluded before 1.1.1995 between a co-producer from a Member-State and one or more co-producers from other Member-States or third countries expressly provides for a geographic distribution system of the exploitation rights of the co-producers for all means of communication to the public without distinction between the arrangements applicable for communication to the public by satellite and the provisions applicable to other means of communication and if the communication to the public by satellite would prejudice the exclusivity, particularly the language exclusivity, of one of the co-producers or his assignees in a specific territory, the consent of the beneficiary of the said exclusivity, whether he is the co-producer or an assignee, is required for the authorisation of communication to the public by satellite by a co-producer or his assignees.

Article 69: Establishment of the Copyright Organization

(1) A legal entity under private law placed under the jurisdiction of the Ministry of Culture shall be established at a registered address in Athens under the title The Hellenic Copyright Organization. The purpose of the Hellenic Copyright Organization shall be the protection of authors and of holders of related rights, the supervision of the collecting societies, the implementation of this Law and of related international conventions, the preparation of legal studies on matters pertaining to copyright and related rights and the representation of Greece in dealings with all the competent international organizations and with the Instruments of the European Community. The Hellenic Copyright Organization may, in addition, convene seminars of any type for the purposes of providing information and training to judges, lawyers, administrators, authors, holders of related rights, students and other interested parties on matters pertaining to copyright and related rights. In no circumstance shall the Hellenic Copyright Organization have as its purpose the administration of rights pursuant to Articles 54 to 58 of this Law.

(2) The Hellenic Copyright Organization shall be subsidized with a contribution of 1% of the annul gross revenue of each collective management organization, payable by 31st October of each year, on the basis of the balance sheet of the previous year, and received in accordance with the Public Revenue Collection Code. The annual balance sheets of collecting societies shall be submitted to the Hellenic Copyright Organization and the Ministry of Culture. The above are also applicable to the collective protection organizations obliged to draw up an annual balance sheet, which is submitted to the Hellenic Copyright Organization and the Ministry of Culture. Gross revenue is the revenue defined in the Unified Accounting Plan. The Hellenic Copyright Organization may also receive grant financing from international organizations and the Instruments of the European Community, gifts and bequests, grants from any third party and the revenues due to it for the rendering of services. For the commencement of its operation the Hellenic Copyright Organization shall receive a one-off grant of 20 million drachmas from the budget of the Ministry of Culture. The Copyright Organization may also be subsidised from the funds of the Ministry of Culture or the proceeds of the LOTTO and PRO-TO lotteries.

(3) Matters pertaining to the main focus and detailed field of competence of the Copyright Organization within the framework of its overall purpose, the exact manner of its overall purpose, the exact manner of its powers and the procedure relating to its exercise of them, its management and the supervision of its administration, its internal structure and personnel, the fees it charges for services which may, as required, be adjusted by decision of the Minister of Culture, the determination of its scientific, management and ancillary staffing requirement, its remuneration and every other detail shall be determined by Presidential Decree issued on the joint recommendation of the Minister of Culture, the Minister to the Office of the Prime Minister and the Minister of Finance.

(4) The Copyright Organization is a legal entity for public welfare. The Copyright Organization is not part of the public sector and is not subject to the provisions of public accounting nor the provisions on public commissions and public works and other related provisions. The Copyright Organization operates for the public benefit under the rules of private economy and is governed by private law.

(5) The Copyright Organization enjoys all administrative, economic and judicial exemptions as well as all procedural and essential privileges of the State.

(6) The Rules of Construction Contracts, Design, Supply and Service to the Hellenic Copyright Organization is established by a decision of the Hellenic Copyright Organisation’s Board of Members (as added with article 46 Law 3905/2010).

Article 70: Collecting Societies Already Functioning

(1) Collecting societies which are already functioning at the date of the promulgation of this Law shall, within 12 months of the entry into force of this Law, lodge with the Ministry of Culture the statement and copy of their rules required under Article 54 (4) of this Law and generally shall carry out all other actions necessary to comply with this Law.

(2) Societies of authors which at the date of the promulgation of this Law are carrying on the administrative activity referred to in Article 5 of Law No. 4301/1929 and Article 43 of Law No. 1597/1986 may continue to carry on that activity for 24 months from the date of the entry into force of this Law.

Article 71: Implementation of Directives of the European Community

(1) Articles 2(3) and 40 to 45 of this Law shall constitute implementation of Council Directive 91/250/EEC of May 14, 1991, on legal protection of computer programs.

(2) Articles 3(1) d), 9, 34, 46, 47, 48, 49, 52 and 53 of this Law shall constitute implementation of Council Directive 92/100/EEC of November 19, 1992, on rental right and lending right and on certain rights related to copyright in the field of intellectual property.

(3) Articles 35 paragraphs 3 and 4, 57 paragraphs 8 and 9. 52h and 68A paragraph 2 of the present law are added in application of the Council Directive 93/83/EEC of 27th September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission.

(4) Articles 11, 29 paragraph 1, 30, 31, 51A, 52 c, d, e, f and g, as well as 68A paragraph 1 of the present law are added in application of the Council Directive 93/98/ EEC of 29th October 1993 harmonising the term of protection of copyright and certain related rights.

(5) Articles 2a, 3 paragraph 3, 45A, 64 last sentence, 65 paragraph 6, 65 paragraph 9 and 10, 72 paragraph 8 of this law are adopted in application of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.

(6) Articles 3 paragraphs 1, 28A, 28B and 28C, 46 paragraphs 2, 47 paragraphs 1 and 2, 48 paragraphs 1, 52 item d, 64A, 66 paragraphs 1 and 2, 66A and 66B of this Law are adopted in application of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.

(7) Article 5 constitutes the implementation of Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art.

(8) Articles 10, paragraphs 3, 63A, 63B, 64, 65, paragraphs 1, 66C and 66D constitute the implementation of Directive 2004/48 of the European Parliament and of the Council of 27 September 2001 on the enforcement of intellectual property rights.

Note: The Directives of the European Directive were implemented to the Greek Copyright Law with the following amendments:
Act No. 2557/1997 (Article 8)(Satellite and Cable Directive 93/83/EC and Term Directive 93/98/EEC); Act No. 2819/2000 (Article 7)(Database Directive 96/9/EC); Act No. 3057/2002 (Article 81) ( Information Society Directive, 2001/29/EC); Act No. 3524/2007 (Resale Right Directive 2001/84/EC and the Enforcement Directive 2004/48/EC).

Article 72: Repeal of Provisions and Regulation of other Matters

(1) From the date of the entry into force of this Law every provision which runs counter to this Law or deals with matters which are regulated by this Law shall be repealed. Specifically, the following laws and parts of laws shall be repealed: GYPG/1909 and 2387/1920, Legislative Decree No. 12/15 of June 1926, Laws Nos. 4186/1929, 4301/1929 and 4489/1930, Article 2(1) of Legislative Decree 619/1941, Legislative Decree No. 2179/1943, Laws Nos. 763/1943, 1136/1944 and 56/1944, Article 12 of Law No. 3188/1995, Legislative Decree No. 4264/1962, Article 4 of Law No. 1064/1980, Articles 5 and 10 to 22 of Law No. 1075/1980, Article 19 of Law No. 1348/1983 and Articles 3, 40, 43 and 46 of Law No. 1597/1986.

(2) Law No. 988/1943 shall remain in force.

(3) Collecting societies established and functioning pursuant to Articles 54 to 58 of this Law shall have the right to organize conferences on matters pertaining to copyright and related rights and to participate in such conferences. Articles 54 to 58 of this Law shall not prevent the concluding of reciprocal contracts between collecting societies established in other countries and collecting societies established in Greece.

(4) Until July 1, 1994, paragraphs (1), (2) and (3) of Article 49 of this Law shall not be applicable to phonograms used for presentations to the public in cafes in communes with populations of less than 5,000 inhabitants.

(5) Article 38(4) a) of this Law shall apply to the publication of any photograph whatsoever.

(6).Paragraph 6 has been abolished by art. 4 par. 2 Law 3524/2007.

(7) The association under the name Association of Greek Composers (EMSE) may continue to exercise its managing activity as a collective management organization until December 1999.

(8) The regulations on the right of the author of a database and the sui generis right of the maker of a database shall be without prejudice to provisions concerning in particular copyright, rights related to copyright or any other rights or obligations subsisting in the data, works or other materials incorporated into a database, patent rights, trade marks, design rights, the protection of national treasures, laws on restrictive practices and unfair competition, trade secrets, security, confidentiality, data protection and privacy, access to public documents and the law of contract.