Summary:
Abstract
The aim of this study is to make a useful contribution to the journalist, to deal with theoretical and practical issues that arise during the exercise of his duties. The analysis is divided into two main parts: the first part is dedicated to the elaboration of the rules of journalistic ethics of print and digital media. The requirements of ESHEA's Code of Journalistic Ethics are explained in relation to fundamental human rights, as guaranteed by the Constitution and laws. The requirements of ESHEA's Code of Journalistic Ethics are explained in relation to fundamental human rights, as guaranteed by the Constitution and laws. Alongside the commentary, comparative law and relevant jurisprudence are cited and a special reference follows to the innovations of the Digital Media Code of Ethics, which focuses on contemporary issues (byline, right to be forgotten, plagiarism, social networks). The first part closes with the recent jurisprudence of the ECtHR (2018-2020), regarding journalists and in particular, characteristic decisions are listed regarding the jurisprudential treatment of the fundamental right of freedom of expression of journalists (Article 10 ECHR).
The second part focuses on contemporary issues of intellectual property of the journalistic work, centered on the journalist as an intellectual creator. After the introduction to the basic concepts (work, creator), the nature and extent of the journalist's moral and property powers are analyzed, when his work is judged to be an original intellectual creation. At the same time, the existing legal framework is illuminated in special categories of journalistic works, such as interviews and photographs, seen from the point of view of modern individual freedoms (right to publicity), as interpreted by recent national and foreign jurisprudence. Special mention, due to the great practical importance, is given to the legal and contractual limitations of intellectual property that the hired journalist must tolerate and the major issue of republishing on the internet and the collective management of the intellectual property rights of journalists in Greece is touched upon. This is followed by the processing of more specific issues, such as forced execution with regard to journalistic work, the journalist's relationship with personal data and the question of the civil liability of journalists - robots, as potential subjects of intellectual property rights on journalistic work.
Finally, after listing the main points of the civil protection available to the journalist as an intellectual creator, the recent Community Directive 2019/790 of the European Parliament and of the Council, of April 17, 2019, on intellectual property rights and related rights is commented on the digital single market and the amendment of Directives 96/9/EC and 2001/29/EC, which aspires to reform intellectual property in Europe; which aspires to reform intellectual property in Europe, with a fair redistribution of economic benefits between providers, publishers and journalists – intellectual creators, among others, through the provision of a right to fair remuneration, subject to journalists for the digital exploitation of their work.
Keywords:
intellectual property, journalist, journalism, legal protection, ethics
