Greece has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article 22 of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues (updated up to the Law 4672/2020).. The national exception is much more restrictive than the EU exception.
Implementation summary:
This exception allows for non-profitmaking libraries or archives to reproduce one additional copy of a copy of a work already in their permanent collection, for the purpose of retaining that additional copy or of transferring it to another non-profitmaking library or archive. The reproduction shall be permissible only if an additional copy cannot be obtained on the market promptly and on reasonable terms.
Implementation details:
Beneficiaries:
- non-profitmaking libraries or archives
Purposes:
- retaining an additional copy
- transferring an additional copy to another non profit-making library or archive
Usage:
- reproduction (of one copy)
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- works must already be in the beneficiery's permanent collection
- an additional copy couldn't be obtained on the market promptly and on reasonable terms
Introduced/last updated: 03 April 1993
Remarks: Most Greek national exceptions are first drafted with the adoption of the law in 1993 and precede the InfoSoc Directive, which is why they rarely are conform to the Directive's wording. Other pre-existing exceptions can be regarded as partially covering the scope of art. 5.2.(c). For instance, art. 20 of the Greek law named 'School Textbooks and Anthologies' permits, without the author's consent and without payment, the reproduction by means of printing of small parts of lawfully published literary works of one or more writers in educational textbooks approved for use in primary and secondary education by the Ministry of National Education and Religions or another competent ministry, according to the official detailed syllabus.
Likewise, art. 21 named 'Reproduction for Teaching Purposes'permits, without the consent of the author and without payment, the reproduction of articles lawfully published in a newspaper or periodical, short extracts of a work or parts of a short work or a lawfully published work of fine art work exclusively for teaching or examination purposes at an educational establishment, in such measure as is compatible with the aforementioned purpose, provided that the reproduction is effected in accordance with fair practice and does not conflict with the normal exploitation.
Under art. 52, the limitations applicable to the economic rights of copyright apply mutatis mutandis to related rights.
