Protection and ownership

Copyrightable works

What works are eligible for copyright protection in your jurisdiction?

According to Article 2 of Law 2121/1993, which governs copyright, a work that is eligible for copyright protection is any original intellectual, literary, artistic or scientific creation expressed in any form. The work must therefore:

  • have resulted from an individual's intellectual activity;
  • be perceptible (thereby excluding ideas, concepts, principles or methods); and
  • be original (ie, unique).

A work is considered ‘unique’ when it presents individual singularity or features a given minimal degree of creativity in a way that is distinguished from prior art. These requirements are examined and determined on an ad hoc basis.

A work is granted protection under Law 2121/1993 regardless of its aesthetic value, purpose or its protection by virtue of other Greek laws.

Law 2121/1993 sets out an indicative and non-exhaustive list of copyright protectable works that includes:

  • written or oral texts;
  • musical compositions with or without words;
  • theatrical works, choreographies and pantomimes;
  • audiovisual works;
  • fine art;
  • architecture;
  • photographs;
  • applied art;
  • illustrations;
  • maps and three-dimensional works relating to geography, topography, architecture or science; and
  • translations, adaptations, arrangements or other altered works and collections.

Are there any special provisions for the protection of non-artistic works (eg, software and databases)?

Under Law 2121/1993, copyright can subsist in databases by reason of the selection or arrangement of their contents, without any prejudice to the rights relating to the content itself, as well as in computer programs and their preparatory design material.

With regard to databases, despite any subsisting copyright, Greek law recognises the sui generis rights of database makers. For example, where it is proved that there has been a qualitatively or quantitatively substantial investment in obtaining, verifying or presenting its contents, the database maker has the right to prevent the extraction or reuse of the entire or a substantial part – evaluated qualitatively or quantitatively – of the database’s contents. The database maker is the individual or legal entity that takes the initiative and bears the risk of investment.

Are any works explicitly excluded from copyright protection?

According to Law 2121/1993, official texts (ie, those which reflect state authority), traditional cultural expressions, news information and simple facts or data are not protected.

Related IP rights

Can copyrightable works be protected by other IP rights (eg, trademarks and designs)?

Copyrightable works may be protected by other IP rights provided that the protection requirements are met and subject to the applicable laws. For example, works of applied art may enjoy protection both as copyrightable works and as designs or utility patents; the same applies to logos, which can be protected simultaneously under copyright law and the Law on Unfair Competition.

Ownership

Eligibility

Who may own copyright in a work?

The natural person that created the work may own copyright in a work. In principle, legal entities can become owners of copyright only derivatively. In particular – and until proven otherwise – the person who lawfully makes works available to the public, even anonymously or under a pseudonym, is presumed by third parties to be the initial copyright owner.

Joint and collective ownership

What rules and restrictions govern the joint or collective ownership of a copyright work?

In regard to collective works (eg, audiovisual works), the initial copyright owner is the individual undertaking the coordination and intellectual guidance of the single contributions. For example, this role is undertaken in films by the director, who owns the film’s copyright.  The other audiovisual contributors (eg, screenwriters, scriptwriters, composers, directors of photography, stage and costume designers, sound engineers and editors) are considered the authors of their own contributions.

Where a work results from the direct collaboration of two or more authors and therefore their contributions are integrated into the work in a way that they cannot be separately exploited, joint ownership applies. In this case, all co-authors of the work are the initial copyright owners and for any issues and dealings pertaining to the jointly owned work, the unanimous consent of all co-authors is in principle required.

Employee and commissioned work

What rules and restrictions govern the ownership of copyright in a work created in the course of employment (including works by employees and commissioned works by independent contractors)?

Where a work is created by an employee in the execution of an employment contract, the copyright vests in the employee who is considered to be the author of the work. However, unless provided otherwise by contract, the economic rights required for the fulfilment of the purpose of the contract are transferred ipso jure (ie, by the operation of law) to the employer. Where works are created by employees in the performance of their duties in the public sector or for a public law legal entity, all economic rights are transferred ipso jure to the employer, unless otherwise provided by contract. The same applies to computer programs.

In the case of commissioning, copyright ownership is reserved for the individual who created the work and any transfer of economic rights requires the prior written consent of the author – no transfer ipso jure is dictated in this case.