Κατεύθυνση Αστικό Δίκαιο και Νέες Τεχνολογίες
Library of the School of Law

2019-02-10

2019

Varzakakou Stella

Παναγιώτης Νικολόπουλος
Παρασκευή Παπαρσενίου
Αριστείδης Χιωτέλλης

Αναπαραγωγή για ιδιωτική χρήση έργων προστατευόμενων από τις διατάξεις της πνευματικής ιδιοκτησίας

Greek

Reproduction for private use of works protected by copyright

In every system of protection of intellectual property, reproductive right is the cornerstone of the property rights of the creator both historically and economically and the earliest form of exploitation and is recognized by every International Convention (Article 9§1 of the Berne-Paris International Convention) and the TRIPS Agreement (Article 9§1). Reproduction of a work, in whole or in part, is the most common form of intellectual property infringement. Especially in modern times, characterized by the rapid development of digital technology and the rapid and widespread deployment of the use of new technologies, the importance of reproductive power is immeasurable in the new digital environment.
For this reason, it was considered necessary to regulate the exploitation of the works so that they adapt to the new digital environment and respond to the contemporary economic reality while ensuring a high level of protection both for authors of intellectual works and for holders of related rights.
The above objective was achieved by Directive 2001/29 / EC, which in Article 2 recognizes authors the right to reproduce, which is a fundamental property right of absolute and exclusive character and gives authors the power to authorize or prohibit the reproduction of their works in any medium and form, in whole or in part. However, Article 5 of the above Directive provides for exceptions and limitations on the right to reproduce, one of which is reproduction for private use, provided that the recipients receive fair compensation. Restriction of reproduction for private use is also provided for in national law in Article 18 of Law 2121/1993.
The approach of restriction of reproduction for private use of copyrighted works as regulated in Article 5 (2) (b) of Directive 2001/29 / EC on the harmonization of certain aspects of copyright and related rights in society of the information and Article 18 of Law 2121/1993, as recently amended by Laws 4481/2017 and 4540/2018, as well as the individual issues that have arisen in the application of this restriction, has been the subject of a study present work. Furthermore, particular emphasis was placed on the issue of a fair remuneration for private reproduction from the recent WEU case law, which has made a significant contribution to the determination of reasonable remuneration in intellectual property law by issuing a series of decisions concerning the application of the reasonable in the case of reproduction for private use of protected works, by interpreting Article 5 (2) (a) and (b) of Directive 2001/29 / EC.

Law and Legislation

Civil Law

copyright, private copying

Yes

4

No

45

83

File access is restricted only to the intranet of UoA.

https://pergamos.lib.uoa.gr/uoa/dl/object/2858020