HOME PAGE arrow USERS
USERS
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.

 

In order to access FAQs concerning New Media click here .

 
THE COLLECTION PROCEDURE FOR MECHANICAL RIGHTS
The intellectual property fees paid for mechanical recording and reproduction using material carriers are defined by the standardised international convention on the phonograph industry between BIEM and   IFPI . 
On the basis of this convention the amount of intellectual property fees is defined at 11% of the wholesale price of the sale of recordings, as this is defined each time by recording companies. 
According to the discounts foreseen by the convention, the producer pays an amount of 8,712 % of the wholesale price of the sale of the recording pro rata temporis. The above amounts are in effect for those producers who have signed the said convention. 
Regarding the pricing of DVDs, the amount of the intellectual property fees is defined at 6 % of the wholesale price pro rate without any other discount. 
For producers who have not signed the standardised convention for the phonographic industry, intellectual property fees on the basis of good faith, commercial ethics and the rules of competition are defined at the same level as for those who have signed. 
The same tarification applies to independent producers and is based on the tariffs list of our Organisation. 

 
THE COLLECTION PROCEDURE FOR PERFORMING RIGHTS
No transaction in the process of the collection of intellectual property fees is done without the issuing of an invoice, or a legal receipt statement.
AEPI’s Audit Department supervises the control of invoices issued daily across Greece. They are audited and entered electronically, and then the invoices are kept in a special archive of the organisation.
Using this procedure, AEPI collects fees from more than 45,000 sources/users of music of all categories (entertainment centres, bars, restaurants, cafes, commercial shops, super markets, hotels, concert halls, exhibition spaces, cinemas, radio/television stations etc.).
The amount of the intellectual property fees paid for Public Performance in Greece is much lower than the average of intellectual property fees of the corresponding relevant organisations world-wide.
In the parameters of the definition of the tariffs, AEPI takes into account comparative data and the results of studies produced by international collaborations of legal and financial committees of CISAC (Tarif Committee).

General tarification criteria:
  • The national legislation of the respective country.
  • International conventions.
  • The domestic social/financial situation and the living standards of the respective country.

Special tarification criteria:
  • The area of the space.
  • The location (urban or rural locations, frontier areas, seasonal operation, etc.).
  • The importance of the use of music (required, necessary or useful).
  • The means of the presentation of the music (live, reproduction with mechanical means, etc.).
 
NEW MEDIA: 
THE PROVIDING OF MUSIC ONLINE
AEPI issues licenses for the following uses of musical works:

ONLINE: The use of musical works via networks (Internet, mobile telephone, etc.) and especially in:

1. The Internet

Websites:
  1. Simulcasting (simultaneous transmission of the program of a radio/television station on the Internet).
  2. Webcasting (Radio/television program only on the Internet).
  3. Ringtones-Realtones-Videotones- Mobile phone ringtones.
  4. Background music on websites.
  5. Services on demand:

• Music on demand (MOD)

• Video on Demand (VOD)

• Digital music download

      6. Distribution/sale of musical works (on-line record shops).

      7. The use of musical works in MΙDI form.

      8. Video Games.

      9. Online Games.


Forum sites (exchange of musical works)
Weblogs
Podcasts
Digital Kiosks distributing musical works for the following uses:


  1. Ringtones-Realtones-Videotones.
  2. Downloading of musical works.
  3. Streaming on demand of musical works.
  4. Vision of videoclips (Streaming on demand).

2. Mobile telephony:

  1. Ringtones-Realtones-Videotones.
  2. Listening to musical works.
  3. Downloading of musical works.
  4. Karaoke.
  5. The use of musical works at the time of waiting for an answer to a call (Ring Back Tones).
  6. Dedications.
  7. Video Clips.
 
RIGHTS ARISING FROM THE USE OF WORKS IN AUDIOVISUAL PRODUCTIONS
For the use/incorporation of pre-existing musical works* in an audiovisual production (large or small length film, documentary, radio or television spot, etc.), which is intended to be screened in cinema halls and/or festivals and/or television, the previous permission of their creators/intellectual property owners is required. In the case of the musical works of creators-AEPI members, the permission in question is issued by our organisation after the necessary consent is secured for every particular use.

* In the sense of musical composition, as well as the intellectual work of the poetry that is suitable for setting to music (either each one separately or a combination of the two, excepting works that have been created especially for the requirements of the respective audiovisual production).

The producer of an audiovisual work should inform us in time about the specific works he wishes to use in it. To that end he should send us completed the relevant license application, to secure the legality of the use of the works and the payment of the relevant fee regarding intellectual property, before the use.  
Please contact AEPI-depending on the type of use- in order to inform you on how to obtain legal permission. 
We note that the AEPI license does not regard neighbouring or other rights (e.g. of the producers of recordings, interpreters, performers). 
 
<< Start < Prev 1 2 Next > End >>

Results 1 - 9 of 11

Print Page Bookmark Steficon Facebook