Copyright assignment or licence agreement (Greece)

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The agreement by which the author of a work — a design, text, photograph or software — assigns their economic right or grants a licence to use it, exclusive or not: which rights, in which ways, where, for how long, whether sublicences are allowed, the pay, how the author is credited and the warranties. Under art. 14 of Greek Law 2121/1993, an assignment or licence is void unless made in writing, and only the author may plead the nullity.

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Common questions

Is an oral agreement on the copyright in a work valid in Greece?

No. Art. 14 of Greek Law 2121/1993 provides that an assignment of the economic right, and contracts and licences to exploit a work, are void unless made in writing. Only the author may plead the nullity, so the risk lies with whoever paid for the work without a written contract. A message or a verbal agreement is not enough.

What is the difference between an assignment and a licence of copyright?

With an assignment the acquirer becomes the holder of the economic right, in full or for the powers the contract specifies. With a licence the author keeps the right and allows the acquirer to use the work as specified: exclusively, so that the author grants it to no one else, or non-exclusively. The moral right, such as being recognised as the author, always stays with the author.

What should the contract specify so the use of the work is not in doubt?

Which rights are granted (reproduction, distribution, adaptation, communication to the public), in which ways and media, in which country or area, for how long, and whether the acquirer may grant sublicences. The contract provides that whatever is not expressly mentioned stays with the author, so wording that is too narrow leaves the acquirer without rights to uses it needs. If no term is set, the law limits it to five years, and if no area is set, the grant covers only the country where the contract was made (art. 15 of Greek Law 2121/1993).