library.opi.grAP 152/2005
Work protected as intellectual property. Photograph. Exploitation without authorization of the rightholder. Protection of original intellectual works. Meaning of originality in photographs. Evocation of the case for further hearing due to inadequate rationale, if the litigious photographs were meeting the conditions for their protection as intellectual works (A΄ Dep. – DEE VOLUME 2005, p. 1177, DiMEE 4/2005 – 2nd year, p. 413, comment Eir. Stamatoudi).
AP 820/2003
Reasons for judgment – Copyright -. Since in the statement of the reasons for the conviction for public performance of musical compositions, the content of the judgment is repeated in summary without mentioning any loud and specific instance and without any essential addition or declaration which are necessary in view of the claim of the accused that this was not a public performance but a simple audition from the radio, the judgment has no legal basis (www.dsanet.gr).
AP 446/1999
When the designs of seaming or fabricating of clothing are characterized as intellectual creations. (F΄ Dep. – DEE VOLUME 1999, p. 1010).
AP 315/1996
The statute provision of article 45 par. 1Α v. b~ of Law 2172/1993 comprises every crime which is conducted by anyone uses a mass broadcasting media as means of its realization and which is predicted by Penal Code or other special pennal law, and hence, all violations of the legislation for protecting intellectual property. The said provision of article 45 par. 1Α v. b~ of Law 2172/1993 is not in contradiction with article 4 par. 1 of the Constitution. (DEE VOLUME 1997, p. 155).
AP 238/1994
Contract of a work publishing. Way of establishment. Publication without mentioning the author’s name. Importance of delivering debt instruments to the publisher. (DEE VOLUME 1995, p. 391).
EfAth 3058/2005
Rights of performers or performing artists whose performance or performing action has been recorded in a data carrier and rights of the producers of audio data carriers. The remuneration owed by the user is paid in the Collective societies. If there is a disagreement on the amount of the equitable remuneration, the difference is solved temporarily by the One-member Court of first Instance during the proceedings of interim measures, until the judgment of the competent court (DEE VOLUME 2005, p. 1179, with note from N. Kyproyli).
EfAth 551/2005
The reproduction of an intellectual work is permitted for private use. If there is a mass reproduction, an equitable remuneration is paid to the authors and it is calculated on the basis of the value of the objects which are convenient for the reproduction of the works. The equitable remuneration is owed from the time it will be requested from the collective society (DEE VOLUME 2006, p. 274).
EfAth 6252/2004
Civil partnerships for managing and protection of copyright and related rights of their members. Remuneration according to Article 18 par. 3 Law 2121/1993 (valid as stated) of the work author and the related rights rightholder from the importers or the producers of objects, which are convenient for the reproduction of audio and/or image. The computers are not included. Amount, conditions of payment of the remuneration and its distribution. Constitutionality of remuneration (DEE VOLUME 2005, p. 425 with note from N. Kyproyli).
EfAth 3005/2004
Concession of rights for exclusive exploitation of author recordings. Legitimate agreement for automatic extension of the contract beyond three years, if its contracted between producers of audio data carriers (DEE VOLUME 2005, p. 581).
EfAth 143/2004
Self-contained authority arising from copyright. Concession of economic rights of the authors. The criterion of its extension is the purpose of concession. Protection of intellectual rights of the rightholder. Musical composition author. Contract of its exploitation by a phonographic company. The company cannot use the composition in commercial messages of persons or products (DEE VOLUME 2004, p. 415).