ORGANIZACIÓN MUNDIAL 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio IP/N/1/GRC/C/1/ Add.2 
13 de febrero de 1998 
(98-0525) 
Original: inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
Grecia 
Addendum 
Mediante una comunicación de su Misión Permanente, de fecha 12 de enero de 1998, se ha 
recibido de Grecia la siguiente notificación, presentada en virtud del párrafo 2 del artículo 63. 
De conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo sobre los ADPIC 
deseamos notificarles la nueva Ley 2557/1997 (FEK.A'. 271/1997) de Grecia, cuyo artículo 8, 
titulado "Reglamentación del derecho de autor y derechos conexos en concordancia con la Directiva 
93/83/CEE del Consejo, de 27 de septiembre de 1993 sobre la radiodifusión vía satélite y la 
distribución por cable, como así también la Directiva 93/98/CEE del Consejo, de 29 de septiembre de 
1993, relativa al plazo de protección y demás disposiciones", modifica la Ley de Derecho de Autor 
2121/1993.1 
1El texto de la Ley notificada se reproduce en inglés solamente. Las notificaciones anteriores relativas a la 
Ley de Derecho de Autor se pueden consultar en los documentos IP/N/1/GRC/1/Rev.1, IP/N/1/GRC/C/l e 
IP/N/1/GRC/C/1/ Add.1. IP/NIlIGRC/CI 11 Add.2 
Page 2 
GREECE 
«INSTITUTIONS. MEASURES AND ACTIONS FOR 
CULTURAL DEVELOPMENTS» 
Law No 2557/1997 Official Journal A'27111997 
Article 8 
Regulation of copyright and related rights matters in harmonisation 
with the Council Directive 93/83/EEC of 27th September 1993 on 
satellite broadcasting and cable retransmission, as well as with 
Council Directive 93/98/EEC of 29th September 1993 on the term 
protection and other provisions 
1. Paragraph 3 of article 35 of Law 212111993 is 
replaced as follows: 
"3. The act of communication of a work to the public by 
satellite occurs solely in the European Union Member State 
where, under the control and responsibility of the broadcasting 
organisation, the programme-carrying signals are introduced into 
an uninterrupted chain of communication leading to the satellite 
and down towards the earth. If the programme-carrying signals 
are encrypted, then there is communication to the public by 
satellite on condition that the means for decrypting the broadcast 
are provided to the public by the broadcasting organisation or 
with its consent. Where an act of communication to the public by 
satellite occurs in a non-Community State which does not provide 
the level of protection provided for under this law, as amended 
hereby, i) if the programme-calTying signals are transmitted to the 
satellite from an uplink situation situated in a Member State, that IP/N/1/GRC/C/1/Add.2 
Page 3 
act of communication to the public by satellite shall be deemed to 
have occurred in that Member State and the rights shall be 
exercisable against the person operating the uplink station. ii) if 
there is no use of an uplink station situated in a Member State but 
a broadcasting organisation established in a Member State has 
commissioned the act of communication to the public by satellite. 
that act shall be deemed to have occurred in the Member State in 
which the broadcasting organisation has its principal 
establishment in the Community and the rights shall be 
exercisable against the broadcasting organisation. 
Communication to the public by satellite means the act of 
introducing, under the control and responsibility of the 
broadcasting organisation, the programme-carrying signals 
intended for reception by the public into an uninterrupted chain 
of communication leading to the satellite and down towards the 
earth. The authorisation to communicate a work to the public by 
satellite is acquired only by agreement. 
4. Cable retransmission of programmes from other 
European Union Member States to Greece takes place, as far as 
copyright is concenled. in accordance with the provisions hereof 
and on the basis of individual or collective contractual agreements 
between copyright owners, holders of related rights and cable 
operators. 
Where no agreement is concluded regarding authorisation 
of the cable retransmission of a broadcast, either party may call 
upon the assistance of one or more mediators selected from the 
list of mediators drafted by the Copyright Organisation every two 
years. The Copyright Organisation may consult the collecting 
societies and cable operators for the drafting of the said list. 
Mediators may submit proposals to the parties. It shall be IP/N/1/GRC/C/1/ Add.2 
Page 4 
assumed that all parties accept a proposal if none of them 
expresses its opposition within a period of three (3) months from 
the notification of the proposal. Cable retransmission means the 
simultaneous. unaltered and unabridged retransmission by a cable 
or microwave system for reception by the public of an initial 
transmission from another Member State, by wire or over the air. 
including that by satellite, of television or radio programmes 
intended for reception by the public". 
2. Paragraphs 8 and 9 are added to article 57 of Law 
212\ /1993 as follows: 
"8. The right of the author to grant or refuse 
authorisation to a cable operator for a cable retransmission may 
be exercised only through a collecting society; for all other 
matters the provision of article 54, paragraph 2. hereof is 
applicable. Where a rightholder has not transferred the 
management of his cable retransmission right to a collecting 
society, the collecting society which manages rights of the same 
category with the approval of the Ministry of Culture shall be 
mandated to manage his cable retransmission right. Where more 
than one collecting society manages rights of that category, the 
rightholder may be free to choose which of those collecting 
societies shall be mandated to manage his cable retransmission 
right. The author referred to in this paragraph shall have the 
same rights and obligations as the rightholders who have 
mandated the collecting society and he shall be able to claim those 
rights within a period of three (3) years from the date of cable 
retransmission of the broadcast". 
"9. The provisions of the previous paragraph do not 
apply to the rights exercised by a broadcasting organisation in 
respect of its own transmission. irrespective of whether the rights IP/N/1/GRC/C/1/ Add.2 
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conce111ed are its own or have been transferred to it by other 
copyright owners and/or other right holders". 
3. The provision of passage a' of paragraph I, article 11 
of Law 2121/1993 is replaced as follows: 
"Any person who lawfully makes available to the public 
anonymous or pseudonymous works is deemed as the initial 
holder of the economic and moral right towards third parties". 
4. The provision of paragraph 2, article 11 of Law 
2121/1993 is abolished. Paragraph 3 of article 11 of Law 
2121/1993 obtains number 2 and is replaced as follows: 
"2. In the case of the previous paragraph, the moral right 
shall belong to the fictitious right holder insofar as that is 
compatible with his status". 
5. The provision of paragraph I, article 29 of Law 
2121/1993 is replaced as follows: 
"Copyright shall last for the whole of the author's life and 
for seventy (70) years after his death, calculated from I st January 
of the year after the author's death". 
6. Article 30 of Law 2121/1993 is replaced as follows: 
AICopyright in works of joint authorship shall last for the 
lifetime of the last surviving author and seventy (70) years after 
his death, computed frorn I st January of the year after the death of 
the last surviving author". 
7. The provisions of paragraphs I and 2 of article 31 are 
replaced as follows: 
"I. In the case of anonymous or pseudonymous works. the 
term of copyright shall last for seventy (70) years computed from 
1 st January of the year after that in which the work is lawfully 
made available to the public. However if, during the above period. 
the author discloses his identity or when the pseudonym adopted IP/N/1/GRC/C/1/Add.2 
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by the author leaves no doubt as to his identity, then the general 
rules apply. 
2. Where a work is published in volumes, parts, 
instalments, issues or episodes and the term of protection runs 
from the time when the work was lawfully made available to the 
public. the term of protection shall run for each such item 
separately. 
3. The term of protection of audiovisual works shall 
expire seventy years after the death of the last of the following 
persons to survive: the principal director, the author of the 
screenplay, the author of the dialogue and the composer of the 
music specifically created for use in the audiovisual \vork". 
8. Article 44 of Law 212111 993 is abolished. 
9. A new article with number 51 A is added after article 
51 of Law 2121 /I 993 as follows: 
"Article 51 A 
Protection of previously unpublished works 
Any person who. after the expiry of copyright protection, 
for the first time lawfully publishes or lawfully communicates to 
the public a previously unpublished work, shall benefit from a 
protection equivalent to the economic rights of the author, The 
term of the protection of such rights shall be twenty five (25) years 
from the time when the work was first lawfully published or 
lawfully communicated to the public and is calculated from I sI 
January' of the year after the first lawful publication· or 
communication to the public". 
10. a. At the end of the title of article 52 of Law 212111 993 
the following words are added "as well as the regulation of other 
issues". IP/N/lIGRC/C/lI Add.2 
Page 7 
b. Items c' and d' of article 52 of Law 2121/1993 are 
replaced by items c', d', e'. r, g' and h' as follows: 
lie) The rights of performers provided for in articles 46 
and 49 of the present law will expire fifty (50) years after the date 
of the performance, but cannot be less than the life of the 
performer. However, if a fixation of the performance is lawfully 
published or lawfully communicated to the public within this 
period, the rights shall expire fifty (50) years from the date of the 
first such publication or the first such communication to the 
public, whichever is the earlier. 
d) The rights of producers of sound or visual or sound 
and visual recordings provided for in articles 47 and 49 of the 
present law shall expire fifty (50) years after the fixation is made. 
However. if the phonogram is lawfully published or lawfully 
communicated to the public during this period, the rights shall 
expire fifty (50) years from the date of the first such publication or 
the first such communication to the public, whichever is the 
earlier. 
e) The rights of broadcasting organisations provided 
for in article 48 of the present law shall expire fifty (50) years after 
the date of the first transmission of a broadcast, whether this 
broadcast is transmitted by wire or over the air, including by cable 
or satellite or any other means of transmission. 
f) The rights of editors provided for in article 51 of the 
present law shall expire fifty (50) years after the last edition of the 
work. 
g) The term fixed in cases c', dj, e' and r of the present 
article is calculated from 1 sI January of the year following the 
event which gives rise to them. IP/N/lIGRC/C/1/ Add.2 
Page 8 
h) For the purposes of communication to the public by 
satellite and cable retransrnission. the rights of performers. 
producers of sOllnd or visual or sound and visual recordings as 
well as broadcasting organisations are protected in accordance 
with the provisions of the eighth section of the present law. and 
the provisions of paragraphs 3 and 4 of article 35 of the present 
law are applied accordingly". 
1 1. After article 68 of Law 212111993, a new article with 
number 68A is added as follows: 
"Article 68A 
Diachronic Law 
I. 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 concenling 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, 
paragraJJh 3. of the present law. provided that they expire after 
this date. If an intenlational 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 IP/NIl/GRC/CI1/ Add.2 
Page 9 
communication to the public without distinction between the 
an-angements 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". 
12. Paragraphs 3 and 4 are added to article 71 of Law 
2121/I 993 as follo\\'s: 
"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 conceming copyright 
and rights related to copyright applicable to satellite broadcasting 
and cable retransmission. 
4. Articles 11. 29 paragraph I, 30, 31, 51 A. 52 c'. d'. e'. r 
and g'."as well as 68A paragraph I 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". 
13. At the end of article 69 of Law 2121/1993 two new 
paragraphs with numbers 4 and 5 are added as follows: 
"4. The Copyright Organisation is a welfare legal entity. 
The Copyright Organisation is not part of the public sector and is 
not subject to the provisions of public accounting nor the 
provisions on public cornmissions and public works and other 
related provisions. The Copyright Organisation operates for the JP/NIlIGRC/CI 11 Add.2 
Page 10 
public benefit under the rules of private economy and is govenled 
by private law. 
5. The Copyright Organisation enjoys all 
administrative. economic and judicial exemptions as well as atl 
procedural and essential privileges of the State". 
14. At the end of paragraph 2 of article 69 of Law 
2121/1993 and at the end of paragraph 1 of article 6 of the 
presidential decree 311/1994. a last item is added as follows: 
"The Copyright Organisation may also be subsidised from 
the funds of the Ministry of Culture or the proceeds of the 
LOTTO and PRO-TO lotteries". 
15. After paragraph 4 of article 54 of Law 2121/1993, a 
new paragraph with number 5 is added as follows: 
"5. Any dispute between the collecting societies and the 
users regarding the remuneration payable by the user to the 
cotlecting society may be referred to arbitration. The arbitrators 
are appointed from the list drafted every two years by the 
Copyright Organisation. It is compulsory to take into account the 
opinion of the collecting societies and the users when drafting the 
said list. For all other matters, articles 867 et seq. of the Code of 
Civil Procedure are applied accordingly". 
16. After paragraph 7 of article 54 of Law 2121/l993, 
paragraphs 8 and 9 are added as follows: 
"8. The condition of article 54 paragraph 4 item h' of the 
present law is not required when the collecting society meets the 
following three requirements: 
a) it pursues its objectives without profit for itself; 
b) it is composed of, administered arid controlled solely 
by the creators themselves and is enabled to elect or appoint to its 
board of directors or supervisors, if any, certain persons who, due IP/NIlIGRC/C/1/Add.2 
Page 11 
to their position or speciality, may provide remarkable services to 
the said society, provided that the participation of the latter does 
not interfere with the administration and control of the society by 
its members' and 
c) the members of the said society would be forced to 
assign the management and protection of their rights to collecting 
societies that do not meet the above two requirements (a' and b'). 
9. In the event of serious violation or repeated 
violations of the law or rules and, specifically, in the event of non 
fulfilment of the conditions of article 54 paragraph 4 on the basis 
of which the operation of a collecting society was authorised, the 
Minister of Culture may. on motion made by the Copyright 
Organisation, provisionally or finally revoke the authorisation of 
operation of the specific collecting society". 
17. At the end of article 8 of Law 2121/1993, a new item 
is added as follows: 
liThe economic right on works created by employees under 
any work relation of the public sector or a legal entity of public 
law in execution of their duties is ipso jure transfen"ed to the 
emplo),er, unless provided otherwise by contract". 
18. The international term "propriete intellectuelIe" 
(intellectual property) is translated into Greek as "blCXYOll-rlKtl 
lbtOK'CllCYlU" (dianoitiki idiokrisia) and includes both the copyright 
(propriete litteraire et artistique or droit d'auteur) and related rights 
and the iridusnial property (propriete industrielle), such as inventions 
and marks. 
19. By presidential decree issued on motion of the Minister 
of Culture, the entire legislation on copyright and related rights may 
be administratively codified, the order and numbering of the 
provisions may change, similar provisions may be joined and, in IP/N/lIGRC/C/lIAdd.2 
Page 12 
general. any amendment necessary for the administrative codification 
of such legislation may be made. 
20. At the end of paragraph 2 of article 34 of Law 
2121/1993, a new item is added as follows: 
"Authors of individual contributions are considered to be the 
author of the screenplay, the author of the dialogue, the composer of 
music, the director of photography, the stage designer, the costume 
designer, the sound engineer and the final prosecutor (editor)". 
21. At the end of paragraph 3 of article 56 of Law 
2121/1993, a new item is added as follows: 
"The collecting societies and organisations representing users 
may conclude agreements regulating the remuneration payable by the 
user in any category of beneficiaries, as well as any other matter 
concerning the relations of the two sides in the framework of 
application of the present law, as has been subsequently amended".