NEIGHBOURING RIGHTS
Neighbouring right is a right established by the International Convention of Rome*, which has been signed by our country and was adopted for the first time in the current Law 2121/1993.

As with intellectual property, which was established by the international treaty of Bern, the law ratifies the two commitments of Greece relating to the enactment of the autonomous legislative framework for these two rights. Moreover, it provides the way, the means and the procedure of their protection and management.
The producers (phonograph companies), singers and musicians, those in other words who work and participate in the production, interpretation and performance of a recorded musical work are joint carriers and holders of neighbouring rights.

The public performance of a recorded music work, according to the law, obliges the user to pay the claimants of the above three categories a reasonable price for the use of the participation and performance of the work by the musicians, and the interpretation by the singers, included in the used recording.
The distribution – granting of this fee in accordance with the Law 2121/1993, is at 50 % for producers and 50 % for the other two categories of neighbouring rights holders, to a proportion they have mutually agreed.

For the protection and joint collection of neighbouring rights in our country three Collective Administration Organisations have been established:

GRAMMO (whose members are producers, phonograph companies)
APOLLON (whose members are musicians)
ERATO (whose members are singers)

The amount of the pricing of the neighbouring rights on the basis international practice is clearly lower than the price of intellectual property rights, because intellectual property rights are primary and dominant, while proof of their superiority is that only the owner of intellectual property rights is authorised to allow or forbid the use and exploitation of his works.
By contrast, holders of neighbouring rights according to the law have only the right to define a reasonable price for the public performance of their recorded performances.
*The international convention of Rome has been signed by 70 countries among which is Greece. This means that in these and only in these countries there is protection and mutuality, in so far as there are contracts of representation between the corresponding Collective Administration Organizations for neighbouring rights.
 
International practice for the collection of neighbouring rights:
It has been proved internationally that the granting of comprehensive intellectual and neighbouring rights’ collection to one institution, guarantees early collection, the reduction of administrative expenses and consequently the securing of an economical administration.
For the time being, in our country the internationally accepted practice is not followed and the three Collective Administration Organizations which activate in the collection and administration of Neighbouring Rights regarding music (GRAMMO, ERATO, APOLLON) operate autonomously.
Despite the international practice developed after market research by the corresponding Organisations abroad - not to have great divergence in the pricing policy for neighbouring rights - the Organisations of neighbouring rights in our country sometimes ask for remuneration greater than the corresponding intellectual property remuneration.
Consequently users react and refuse to pay intellectual property fees.
Given the known difficulties which an Collective Administration Organization faces for the collection of intellectual property fees due to the refusal of users to conform to their obligations, AEPI’s proposal of cooperation with the neighbouring rights organisations remains valid.
On that basis, AEPI will assume the collection and distribution of neighbouring rights to the organisations of neighbouring rights’ administration, who in turn will distribute the collected sums to their members.

 

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