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FOTORAMA Digital Photo & Video / Protection of the intellectual property rights of the photographer

It is forbidden to republish photos for any purpose. Photo republishing is done with the permission of the photo owner. Following this, the law will be used in republishing without permission …

PROTECTION OF THE INTELLECTUAL PROPERTY RIGHTS OF THE PHOTOGRAPHER IN ACCORDANCE WITH LAW 2121/93

Law 2121/93
“On Intellectual Property and Related Rights”, published in the Official Gazette no. Sheet 25 / issue ΑΔ / 4-3-93, explicitly secures the intellectual property rights of the photographer both through the general provisions of article 2 “On the Object of the Right”, article 3 “On Property Rights”, article 4 ” “On Moral Rights”, but also more specific provisions, such as article 38 which refers exclusively to the “Rights of Photographers”.

The photographs – “original intellectual creations of art”, are protected as independent works that are expressed in a certain form. The creator acquires the powers over his work primarily, with the creation of the work and without other formalities, and the protection is independent of the value of the work.
In the hands of the creator-photographer is offered the necessary grid of devices that secure it. The method of protecting and claiming the rights of the photographer in case they are violated, now belongs to his own initiative.

The following are the main points of Law 2121/93 regarding the protection of the photographer’s rights:

Article 1
Copyright

1. The intellectual creators, with the creation of the work, acquire on it intellectual property, which includes, as exclusive and absolute rights, the right of exploitation of the work (property right) and the right of protection of their personal bond to it. (moral right).

2. These rights include the powers provided for in Articles 3 and 4 of this law.

Article 2
Object of the right

1. A work is any original intellectual creation of speech, art or science, expressed in any form, in particular written or oral texts, musical compositions, with or without text, theatrical works, with or without music, choreography and pantomimes, audiovisual works, works of fine arts, including drawings, paintings and sculptures, engravings and lithographs, architectural works, photographs, works of applied arts, illustrations, maps, three-dimensional works referring to geography, topography, architecture or science.

4. The protection of this law is independent of the value and purpose of the project, as well as of the fact that the project may be protected by other provisions.

5. The protection of this law does not extend to official texts expressing the exercise of state competence and in particular to legislative, administrative or judicial texts, as well as to the expressions of popular tradition, news and simple facts or data.

 

Article 3
The property right

1. The property right gives the author in particular the power to authorize or prohibit: (a) the recording and reproduction of the work by any means, such as mechanical, photochemical or electronic means; (b) the translation of the work; (c) the adaptation; the adaptation or other modifications of the work; (d) the release of the original or copies of the work by transfer, ownership, leasing or public lending, (e) the presentation of the work to the public; (f) the public execution of the work; (g) the transmission or retransmission of the work to the public by radio and television, by electromagnetic waves or by cables; or by other physical pipelines or in any other way, parallel to the earth’s surface or via satellites; h) the importation of copies of the work, produced abroad without the consent of the author or, in the case of countries outside the European Community, where the right to import copies into Greece was contractually reserved by the author.
2. Any use or execution or presentation of the work, which makes the work accessible to a wider circle of persons than the close circle of the family and the immediate social environment, is considered public, regardless of whether the persons of this wider circle are in the same or in different places.

Article 4
The moral right

1. The moral right gives the creator in particular the powers: a) to decide on the time, place and manner in which the work will be made available to the public (publication); b) the recognition of his paternity over the work; and in particular the power to require, as far as possible, the mention of his name in copies of his work and in any public use of his work or, conversely, to maintain his anonymity or to use a pseudonym; (c) the prohibition of any distortion; d) of access to his work, even if the property right to the work or ownership of the material of the work belongs to another , in which case the access must be made in such a way as to cause the least possible inconvenience to the beneficiary; (e) in the case of works of science or science, the withdrawal from transfer contracts his right or exploitation or license, exploitation if this is necessary to protect his personality due to a change in his beliefs or circumstances and by payment of compensation to the counterparty for his positive damage.

3. The moral right is independent of the property right and remains with the creator even after the transfer of the property right.

 

Article 6
Original beneficiary

1. The creator of a work is the original owner of the property and the moral right to the work.

2. Rights are acquired primarily without formalities.

Article 14
Type of legal acts

Legal acts related to the transfer of powers from the property right, the assignment or the exploitation license and the exercise of the moral right are invalid if they are not drawn up in writing. The invalidity can be invoked only by the intellectual creator.

Article 38
Photographers rights

1. The transfer of the property right or the contract and license to publish a photograph in a newspaper or magazine or other mass media shall cover, unless otherwise agreed, the publication of the photograph in that newspaper or magazine or magazine. specific media, which referred to the transfer or the contract and the license, as well as its keeping in their file. For each post after the first, half of the current fee is due. The publication of a photograph from an archive of a newspaper or magazine or other media that has been transferred is not permitted without mentioning the title of the newspaper or magazine or the name of the media in whose file the photograph was originally legally placed.

2. If the original of the photographic capture is granted for the publication of the photograph, this concession, if there is no agreement to the contrary, concerns only the use of the original that must be returned to the photographer after the use for the first publication.

 

3. The photographer reserves the right to search and return his unpublished photographs at any time after the expiration of three months from the contract or license to the particular newspaper or magazine or other media.

4. In each photo post, the photographer’s name must be mentioned. The same applies to the transfer of a newspaper, magazine or other media file.