GreeceLaw 2121/1993 Article 51B, Press Publisher Neighbouring Right
Law 2121/1993, art. 51B, as inserted by Law 4996/2022, art. 18 (FEK A' 218/24-11-2022)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2023. Publisher's page: https://www.et.gr/api/DownloadFeksApi/?fek_pdf=20220100218In force since .
A press publishers' right rule binding private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
- Categories
- Linking framing
- Obligation class
- Attribution
What it requires
- Applies to you if you are an information-society-service provider using online the press publications of a press publisher established in an EU member state.
- Obtain the press publisher's authorisation before reproducing its press publication, in whole or in part, online or making it available to the public (Art. 51B).
- You need no authorisation for private or non-commercial use by individual users, hyperlinking, or single words or very short extracts whose use does not affect the effectiveness of the publishers' rights.
- The right lasts two years from the first of January following the press publication's publication date.
- The press publisher's right does not affect the rights of the authors and other rightholders whose works are incorporated in the press publication.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- MIT mitigations Draft
- 3.2Data Governance
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-DET-013Providing Citations and Source Traceability for AI-Generated Information
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
Press publishers as holders of a related right, who claim recognition of the right, discontinuation of the infringement and damages by civil action (Law 2121/1993, Article 65).
Settledness
- As of
- Open questions
- Does a headline with a snippet of a given length fall within the 'πολύ σύντομα' (very short) extracts of Article 51B, paragraph 2, whose use 'does not affect the effectiveness of the publishers' rights', which the provision treats as affected in particular where the extract replaces the publication itself or deters the person concerned from reading it?
What this law does
A press publisher established in an EU member state has the exclusive right to authorise or prohibit the online reproduction, in whole or in part, and the making available to the public of its press publications by an information-society-service provider, under new Article 51B of Law 2121/1993.
The right excludes private or non-commercial use by individual users, hyperlinking, and the use of single words or very short extracts whose use does not affect the effectiveness of the publishers' rights, and it does not affect the rights of the authors and other rightholders whose works are incorporated in the press publication. The right lasts two years from the first of January following the press publication's publication date.
Publishers owe the journalists who created the incorporated works a share of the annual revenue the publisher earns from information-society-service providers for the use of its press publications, set at 25 percent for a publisher whose enterprise employs fewer than 60 percent of its journalists under a subordinate employment contract, and 15 percent for a publisher above that threshold; this journalist share is non-assignable other than to a collective-management organisation, and a contrary contractual term is void.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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