Kriton Metaxopoulos Irini Daroussou August 3 2020 Journalism and copyright: is there a defence similar to fair use or fair dealing? A & K Metaxopoulos & Partners Law Firm | Intellectual Property - Greece Kriton Metaxopoulos, Irini Daroussou Intellectual Property Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law) does not provide for a fair use or fair dealing defence.(1)Nevertheless – and in compliance with the EU Information Society Directive (2001/29/EC) – the Copyright Law contains an exhaustive list of specific statutory exceptions and limitations on authors' economic rights.A copyrightable work can be legally used without prior authorisation or payment if said use is covered by a specific exception or limitation stipulated by the Copyright Law and all legal requirements provided thereunder are met.Section IV of the Copyright Law sets out the following exceptions and limitations:reproduction for private use (Article 18);quotation of extracts (Article 20);school textbooks and anthologies (Article 20);reproduction for teaching purposes (Article 21);reproduction by libraries and archives (Article 22);reproduction of cinematographic works in order to preserve them in the National Film Archive (Article 23);reproduction for judicial or administrative purposes (Article 24);reproduction for information purposes (Article 25);use of images of works sited in public places (Article 26);public performances or presentations on special occasions (Article 27);certain acts concerning orphan works (Article 27A);exhibition and reproduction of visual art works (Article 28);reproduction for the benefit of the blind, deaf or mute (Article 28A); andan exception from reproduction rights being an essential part of a transmission in a network (Article 28B).The above limitations apply only in certain cases and must always be interpreted in compliance with the three-step test provided in Article 28C of the Copyright Law (as set out in Article 9(2) of the Berne Convention).Briefly, this test requires that the exceptions:are strictly linked to a special purpose;do not conflict with the normal exploitation of the work; anddo not unreasonably prejudice the right holder's legitimate interests.(2)For further information on this topic please contact Kriton Metaxopoulos or Irini Daroussou at A & K Metaxopoulos & Partners Law Firm by telephone (+30 210 725 7614) or email ([email protected] or [email protected]). The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.Endnotes(1) This is the second article in a series on journalism and copyright in Greece. For the first article in the series, please see "Journalism and copyright: what is protected by copyright law?".(2) Supreme Court Decision 1328/2018.