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FREQUENT QUESTIONS OF USERS

1. I only play foreign music, why should I pay AEPI?
2. I use only radio (or television) at my premises, why should I pay AEPI?
3. I have paid for the CDs I play, why should I pay AEPI?
4. What businesses are obliged to pay intellectual property fees?
5. Am I obliged to pay intellectual property fees for the music that is heard at my hotel?
6. The group that played at my premises was paid, why should I also pay you?
7. What does AEPI do with the money collected from establishments?
8. No tickets will be issued for the concert, why should I pay AEPI?
9. I plan on opening an establishment, should I get a license from AEPI?
10. Are there court decisions of the past that ruled that the retransmission of music by television without an AEPI license is a violation of intellectual property? Which are these rulings?
11. After the intellectual property fees for the use of an audiovisual works are paid do I need to pay any further intellectual property fees?


1. I only play foreign music, why should I pay AEPI?

AEPI does not only protect the Greek musical repertoire. As a member of CISAC it protects the whole of the world musical repertoire from 193 territories. Therefore, all those who use in public Greek or foreign music, should first apply for AEPI’s license.

2. I use only radio (or television) at my premises, why should I pay AEPI?

Radio or television in the narrow and immediate family circle is transmitted for private listening. When however, a radio or television program is broadcasted at a public space e.g. a commercial shop, bar, café, restaurant, etc. this constitutes a second use with a view to exploitation, therefore it is clear that a license is required and intellectual property fees are due. At this point we should emphasise that during the broadcasting of news, football games, discussions etc. the music that is used at the beginning and the end as well as the music included in the advertising messages that intervene, produces intellectual property rights.

3. I have paid for the CDs I play, why should I pay AEPI?

With the purchase of records, cassettes, CDs you do not have the right to exploit publicly their content. On each sound carrier is inscribed that it is sold only for private use and that its reproduction and public performance without the permission of the creator is forbidden. Besides, this is provided by article 17 of Law 2121/1993.

4. What businesses are obliged to pay intellectual property fees?

Commercial shops, waiting halls of large businesses, inter-city buses, banks, State Organisations, exhibition spaces, as well as every kind of business that uses or exploits publicly a musical work is obliged previously to obtain the public performance license.

5. Am I obliged to pay intellectual property fees for the music that is heard at my hotel?

The use of music at public spaces and in hotel rooms also requires a public performance license. The law and the decisions of the Supreme Court (Supreme Court 135/83, 61/81) and the European Court (ruling of the Court of the European Community 7/12/06 SGAE vs Rafael Hotels, case C306/05) classify hotel rooms as a public space and consequently the – without previous permission – use of music is illegal.

6. The group that played at my premises was paid, why should I also pay you?

Singers are not intellectual creators. The intellectual creators represented by AEPI are composers and authors who receive their remuneration exclusively from their intellectual property fees. Therefore we should not confuse the remuneration of singers and musicians at entertainment centres with those of composers and authors. The payment of composers-authors arises from the intellectual property fees AEPI collects for them, whilst they also cover the cost of insurance if they don’t officially belong to any state insurance organisation.

7. What does AEPI do with the money collected from establishments?

The intellectual property fees collected by AEPI for the Public Performance of music are distributed to the claimant intellectual creators every six months (December and June), following a difficult and extremely thorough processing of recorded programs (transcribing), which the users of music are obliged by the law to give to AEPI.
A very large number of AEPI staff deals with the procedure of the collection and the transcribing of programs as well as with the distribution procedure.

8. No tickets will be issued for the concert, why should I pay AEPI?

Concerts and generally public outdoor performances of music should be licensed prior to their realization and produce intellectual property rights, even if they are offered to the public for free. Municipalities, Communities, Cultural Centres, Cultural Organisations organising musical events are not excluded and consequently are not relieved of this legal obligation.

9. I plan on opening an establishment, should I get a license from AEPI?

For the establishment of businesses where music will be used, along with the other licenses required by the law for the opening of a business, the business owner should submit to the local Municipal or Community Authorities the certificate of AEPI confirming that it has acquired the permission of the creators for the use of their musical repertoire and has paid the corresponding intellectual property fees.
The local Municipal of Community Authorities are obliged on the basis of Law 2121/93 to issue the license of musical instruments for spaces using music. The issuing of the license for musical instruments presupposes the acquiring of AEPI’s public performance license.

10. There are court decisions of the past which ruled that the transmission of music by television without an AEPI license is a violation of intellectual property. Which are these rulings?

The broadcasting of radio and television programs following a ruling of the Supreme Court (Supreme Court 1695/1993) and the Council of State (Council of State 1212/1994) constitutes public performance and requires AEPI’s license. The same applies for any other means (cassette player, CD player, etc.) through which music is performed in a public space.

11. After the intellectual property fees for the use of an audiovisual work are paid, do I need to pay any further intellectual property fees?

Depending on the means of the use of the production further rights may have to be paid. E.g. if the cinema films are screened in a hall, then the intellectual property right of public performance applies or if the film is reproduced in VHS or DVD, then the intellectual property right of mechanical reproduction arises.

 

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