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Journalism and copyright: is there a defence similar to fair use or fair dealing?

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm & Irini Daroussou of A. & K. Metaxopoulos & Partners Law Firm on November 25, 2020
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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); and
  • an 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; and
  • do 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 (k.metaxopoulos@metaxopouloslaw.gr or idaroussou@metaxopouloslaw.gr). 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.

 

This article was originally edited by, and first published on, www.internationallawoffice.com. Please click here to view the original publication.

Photo of Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm

Kriton Metaxopoulos, born in 1962, is a graduate of the Athens University Law School (1984) as well as an LL.M graduate of the London School of Economics (1986). He has been practicing law since 1986 and he is the Managing Partner of “A.

Kriton Metaxopoulos, born in 1962, is a graduate of the Athens University Law School (1984) as well as an LL.M graduate of the London School of Economics (1986). He has been practicing law since 1986 and he is the Managing Partner of “A. & K. Metaxopoulos & Partners Law Firm” since 2000.

His peers recognize him for his experience and expertise in Intellectual Property Law, Patent Law, Corporate Law and Litigation. He is recognized as a leading lawyer in Litigation and Intellectual Property in Legal 500, a leading Individual in TMT and Dispute Resolution by Chambers and an Advisory Board Member in Best Lawyers.

He was a BoD member of Warner Music for almost 20 years and was a member of the Board of Directors of Trans European Law Firms Alliance (TELFA) for 25 years.

Kriton is an expert in IP Law, Copyright Enforcement and Antipiracy issues, as well as in international Corporate Litigation, White Collar Crime and Asset Recovery He has represented for years MPAA, the Greek Audiovisual Anti-Piracy Association (EPOE), Sony, Warner Bros, Disney, Warner Music, Dassault Systemes, Audiorsparx, as well as many major players of the Greek entertainment industry, such as Odeon Cinemas, Victory Media, Kiss FM, Hot FM, Greek Music Libraries, Maria Callas Estate, ZTE etc

Kriton’s “out of Greek borders career” is mainly linked to IP, White Collar Crime and Corporate Fraud prosecution. Kriton is responsible for the coordination and legal strategy of a 150 million Euro international corporate litigation matter, involving legal work in Italy, Lebanon, Romania, UK, France and former Soviet Union and Greece. His experience includes representation before Civil and Penal Courts not only in Greece but also in France, Italy, UK and Romania in cooperation with top tier law firms and local practitioners.

Kriton’s experience in International Arbitration includes representation of an International Catering Group in 20 million USD arbitration (ICC), which resulted in an award against the Greek State (19 million USD) over the privatization of Olympic Airways’ catering subsidiary in the ‘90s.

Connected his name with the first ever in Europe prohibition of legal parallel imports of DvDs (Independence Day) by a 1997 decision of the Athens Court of Injunctions, which was subsequently adopted in 2010 by two ECJ “ad hoc” decisions which are applied until today by local Courts in all EU Member States.

He is also known for his involvement in audiovisual censorship cases (Alexander the Great, Last Temptation of Christ) where he represented in Court the US producers and their Greek distributors, contributing to the free theatrical release of the relevant movies in Greece but also to the establishment of a solid case law in favour of the freedom of “viewing” even if “symbols” or “religions” are the “subject r matter” of the audiovisual work in question.

He is since 2000 leading the niche law firm “A. & K. Metaxopoulos and Partners Law Firm”.

Read more about Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law FirmEmail
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Photo of Irini Daroussou of A. & K. Metaxopoulos & Partners Law Firm Irini Daroussou of A. & K. Metaxopoulos & Partners Law Firm

Irini Daroussou was born in Athens and is a partner at “A&K Metaxopoulos Law Firm” since 2008, whereas she joined the law firm as an associate lawyer in 2002. She has been practicing law since 1998, when she was admitted to the Athens…

Irini Daroussou was born in Athens and is a partner at “A&K Metaxopoulos Law Firm” since 2008, whereas she joined the law firm as an associate lawyer in 2002. She has been practicing law since 1998, when she was admitted to the Athens Bar Association. She is a LL.M. Graduate in Intellectual Property Law, Queen Mary and Westfield College, University of London. From the very beginning of her law practice, she focused on the protection of IP rights. She specializes in Copyright Law, Antipiracy, Industrial Law, Commercial and Civil Law, Unfair Competition and IP Litigation.

In 2014 Irini was listed in Best Lawyers in the field of Intellectual and Industrial Property Law. She has been also appraised as an expert in the field of IP, by Legal 500 and IAM Patent. Irini has represented a range of Greek and International clients in the copyright sector, including foreign and Greek film production companies, record labels, radio stations, publishing companies, software design product companies, the Greek collecting society for the protection of audiovisual works etc. She regularly advises entities in the audiovisual, music and publishing area and has a significant experience in drafting copyright and IP licensing agreements.

She has participated in many law conferences, in Greece and abroad. She is a frequent author and contributes to magazines and international publications. Some of her recent articles are: “IP in Greece: Landmark Decision Orders Greek ISPs to Block Internet Access” (CEE Legal Matters, February 2014), “Court Ruling Affects Authors’ Rights In The Media Sector” (Legal Knowledge Portal, October 2013), “Broadcast of Music By Radio To Clients Of Professional Practices On A Non Profit Basis Is Not Public And As A Result Is Royalty Free” (Legal Knowledge Portal, May 2012), “Legal Treatment Of Camcording Under Greek Intellectual Property Law And General Provisions of Civil Law” (Legal Knowledge Portal, May 2012). She speaks fluently English and French.

Read more about Irini Daroussou of A. & K. Metaxopoulos & Partners Law FirmEmail Irini's Linkedin Profile
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  • Posted in:
    Intellectual Property
  • Blog:
    ILN IP Insider
  • Organization:
    International Lawyers Network
  • Article: View Original Source

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