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Transfer, assignment and licensing

Transfer and assignment

What rules, restrictions and procedures govern the transfer and assignment of copyright? Are any formalities required to secure the legal effect of the transfer or assignment?

Economic (exploitation) rights can be transferred and assigned inter vivos (ie, between living people) as well as by inheritance. Moral rights cannot be transferred and assigned during an author’s lifetime – they can be transferred and assigned to the heirs only after the author’s death.

Economic rights transfers may be limited by, for example:

  • extent;
  • content;
  • term; and
  • territory.

In any case, transfer and assignment agreement must be recorded in writing; otherwise, the author may invoke its nullity towards third parties. Further, a transfer and assignment agreement may by no means refer to all of the author’s future works and must never be deemed to refer also to forms of exploitation that were unknown at the date of the agreement.

Licensing

What rules, restrictions and procedures govern copyright licensing?

The aforementioned rules regarding transfer and assignment also apply to copyright licensing.

Are there any special provisions governing sub-licensing?

According to Article 13(6) of Law 2121/1993, sub-licensing requires the prior written consent of the author and is subject to the same rules governing the transfer agreement.

What collective licensing bodies operate in your jurisdiction and how are their activities regulated?

The management and protection of author’s rights and related rights can be carried out individually by each beneficiary or collectively. In Greece, there are three types of collective licensing bodies:

  • collecting societies;
  • collective protection societies; and
  • independent management entities.

Collecting societies are empowered with managing copyright and related rights and the collection of royalties, including those that, by law, must be collectively managed (eg, private copying levies).

Independent management entities may also manage copyright and related rights, but not rights that are subject to mandatory collective management (without prejudice to the exceptions stipulated in Law 4481/2017).

The main difference between collecting societies and independent management entities in organisational terms is that the former are organised on a non-profit basis and belong to the rights holders (or are controlled by them), while the latter are profit-making entities and are not controlled in any way by their members.

Collective protection societies may undertake protection acts only.

Any collecting society, collective protection society or independent management entity established in the territory of Greece intending to assume the collective management – or protect the economic rights of rights holders – must be granted a licence by the Ministry of Culture and Sports.

Collecting societies operating under the authority of the Ministry of Culture and Sports may establish a unified collective management organisation, to which they may assign the exclusive power to:

  • negotiate grant licences;
  • agree fees and claim payments;
  • proceed to any judicial or extrajudicial action; and
  • collect royalties from users and distribute them to the respective collecting societies.

Assignments to collective licencing bodies are, in principle, voluntary. However, Greek law imposes obligatory collective management or an obligatory exercise of rights in some cases – for example, collections of equitable remuneration deriving from private reproduction (private copying levies).

There are currently 17 collecting societies and two collective protection societies in Greece, all of which are licensed by the Ministry of Culture and Sports and supervised by the Hellenic Copyright Organisation. 

The collecting societies are:

  • AEPISA – representing composers and lyricists;
  • ATHINA – representing directors and scriptwriters;
  • AUTODIAXEIRISI – representing composers and lyricists;
  • THESPIS – representing theatrical writers and translators of theatrical plays;
  • ISOCRATIS – representing photography directors, stage designers, costume designers, sound engineers and film editors;
  • OSDEETE – representing authors of fine arts;
  • OSDEL – representing writers and publishers;
  • PHOEBUS – representing photographers;
  • APOLLON – representing musicians;
  • DIAS – representing producers of audiovisual works;
  • DIONYSOS – representing actors;
  • ERATO – representing singers and performers;
  • HERMIAS – representing film producers;
  • GRAMMO – representing phonogram producers;
  • IRIDANOS – representing producers of audiovisual works;
  • TILEOPTIKA DIKAIOMATA – representing the related rights of broadcasting organisations and producers of audiovisual works; and
  • GEA – representing sound engineers.

The collective protection societies are:

  • the Company for the Protection of Audiovisual Works; and
  • the Advertising Companies Rights Protection Society.