Greece has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Article 26 of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the occasional reproduction and communication by the mass media of images of architectural works, fine art works, photographs or works of applied art, which are sited permanently in a public place, without the consent of the author and without payment.

Implementation details:

Beneficiaries:

  • mass media

Purposes:

  • not specified (occasional use)

Usage:

  • reproduction
  • communication by the mass media

Subject Matter:

  • images of architectural works
  • fine art works
  • photographs or works of applied art

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • use must be occasional
  • works must be sited permanently in a public place

Introduced/last updated: 03 April 1993

Remarks: In 2015 an Athens court has clarified that five (5) cumulative conditions should be met in order for Article 26 to be applicable: i) the architectural works, fine art works, photographs or works of applied art shall be placed in public space or can be seen from a public space. So, a work that is not placed in a public space or cannot be seen from a public space are not covered. The same goes for parts of a work that cannot be seen from a public space; ii) the work shall be sited permanently in a public place, without a time limit; iii) the occasional reproduction and communication of images of architectural works, fine art works, photographs or works of applied art have to be two dimensional (2D); iv) the reproduction and communication of the work have to be occasional, meaning that it must not constitute the basic and most fundamental part of the communication. Instead, it must have a secondary and ancillary character; and v) the communication of the work must be performed by mass media, no matter who is the entity that proceeded to the occasional reproduction. The term mass media covers newspapers, magazines, broadcasters and the internet (Athens Multimember Court of First Instance, 3141/2015).