Different types of protection

General principle

The protection starts automaticly from the creation of the work of mind. That means that the creator doesn’t need any kind of special measure of deposit or other formal act in order to obtain protection. In practice, the author has to prove two important elements : the date of the creation, in order to proove the anteriority of his work in case of counterfeiting, and his quality as author of the work. Different ways of protection can be used :

The © symbol

The © symbol used to be necessary in some countries in order to assure a complete protection of the work. Since the USA has signed the Berne Convention, this symbol has no legal effect in order to grant protection anymore. But it’s still used a lot in order to indicate to the public the name of the author and the date of creation.

A letter from the author to himself

In order to have a proof of the date of the creation, a cheap and easy way is to put the work in a special letter which is sealed and to send it by post to your own adress. In that way, an independant official entity (the post office) certifies the date of creation.

The Notarial registration (deposit) in Greece

A formal and easy way to proove anteriority in the possesion of the work of mind is the deposit of the work accompamied with a short description of it to a notary. The notary by issuing a specific act certifies that the person who made the deposit claims that is the author of the work and that he possesed the work at the date of the signature of this act. This is alike the letter’s system but offers mire legal certainty because the notary is a public authority who has a public registry. The author gives to the notary the work in paper form or/and CD form (manuscripts, software, songs with or without lyrics etc. The notary keeps the work in a sealed envelope in his registry.

Article 10 of the law 2121/1993 : Presumptions

1. The person whose name appears on a copy of a work in the manner usually employed to indicate authorship, shall be presumed to be the author of that work. The same shall apply when the name that appears is a pseudonym, provided that the pseudonym leaves no doubt as to the person’s identity.

Article 29 of the law 2121/1993 : Duration in general

1. Copyright in a work shall last for the whole of the author’s lifetime and for seventy years after his death, computed from the end of the year of death.

Article 31 of the law 2121/1993 : Special commencement of the duration

1. Copyright in works published anonymously or pseudonymously shall last for seventy years, computed from the end of the year in which the work was lawfully published for the first time, unless the author discloses his identity before the expiry of that period, in which case the general rules shall apply.