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DIFFERENCES BETWEEN INTELLECTUAL PROPERTY AND NEIGHBOURING RIGHTS
Intellectual property rights

Owners: The creators and holders of the intellectual property of intellectual works.
Legal protection: Criminal penalties and civil law protection in accordance with what is provided by Law 2121/1993 combined with recent regulations of criminal and civil law.
International protection:
Intellectual rights are protected in about 200 countries, the majority of which are represented in Greece by AEPI.
The right to collect fees for public performances:
Intellectual property fees are collected from any establishment where an intellectual work is performed (e.g. music), whether it is performed live or by any mechanical means.
The granting of licenses: On the basis of the conditions of the protection of intellectual property, the user of an intellectual work is obliged to previously ask for license for the said use from the creator or his or her legal representatives (e.g. AEPI).
The price of intellectual rights: The price of intellectual rights is defined by the creator or his representative, because intellectual property right is absolute. 

Neighbouring rights

Holders: Phonographic companies (producers of sound carriers), musicians and singers.
Legal protection: The law foresees civil and criminal penalties for the violating users, but does not give the holders the right to proceed with the forbidding of the use of the recorded work, since this right is exclusively held by the creator and the owner of the intellectual work
International protection: Neighbouring rights are protected in only 70 countries, in other words in those countries that have signed the international convention of Rome. The absence of the USA from the list of countries in which neighbouring rights are protected is characteristic.
The right of fee collection for public performance: Neighbouring rights fees according to the law are collected:
Α) Only from establishments that transmit or perform recorded musical works (not establishments that host musical events with the live performance of the works).
Β) Only for the repertoire that is protected in its country of origin (e.g. the American repertoire is not protected).
The granting of permission: The holders of neighbouring rights do not have the right to give permission for the use of a work. Permission may be given only by the work’s creator. The holder of neighbouring rights has the right only to request from the users of the recording a reasonable fee.
The price of neighbouring rights: In contrast to intellectual rights, whose value is defined by creators, the reasonable fee of the holder of neighbouring rights is defined by the standard international practice, adapted to the financial situation of respective countries.

 

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