On 18/04/2024 the Greek Parliament has enacted Law No. 5103/2024 dealing with the protection and promotion of Greek-language songs as an element of cultural identity. The new law introduces provisions in the form of, on the one hand, guidelines and, on the other hand, obligations for radio stations and managers of public and private shared spaces. Specifically, the law includes provisions related to creating motives for the transmission of Greek-language music, establishing minimum rates of transmission, and setting up an electronic database and online application for Greek-language songs. Additionally, provisions have been made for the procedures for control and the imposition of administrative sanctions.
According to Article 3, for the purposes of the Law, a Greek-language song means a musical work composed of music and lyrics, as long as at least half of its duration is occupied by text in the Greek language. The concept of Greek-language song also includes the orchestral musical performance of a Greek-language song, as well as musical works without lyrics that have been recorded in Greek territory.
Below are briefly presented the main provisions of the law:
Article 7 provides a commercial incentive to radio stations, both informational and non-informational, with the aim to increase the airtime for Greek-language songs. This specific provision that applies to stations that primarily or partially broadcast foreign-language repertoire sets out percentages for increasing the allowed advertising time in case they increase the rates of transmission of Greek-language song in relation to the rates they transmitted in the year 2023. This provision acts as an encouragement, in contrast to the other provisions below, which take on a mandatory nature.
Article 8 provides that the minimum percentage of Greek-language music performed in the common areas of hotels and complex tourist accommodations (as such meaning exclusively the entrance, reception areas and elevators), if music is publicly performed, cannot be lower than forty hundred (40%) of all performed musical works.
With reference to the common areas of shopping centers (as such meaning exclusively the parking areas, corridors and other areas where visitors stay, excluding commercial stores and other independent businesses operating within them), Article 9 stipulates the same minimum percentage for the public performance of Greek-language works.
In the same way, Article 10 regulates the public performance of Greek-language songs, in the common areas of casinos (as such understood exclusively in the reception and waiting areas for customers and the elevators).
Article 11 introduces a distinction regarding the minimum percentage of public performance. It concerns the common areas of public transportation (as such understood exclusively the areas of the stations and platforms for boarding and disembarking passengers of the metro and trains, the areas of the stations and platforms for boarding and disembarking passengers of the electric railways) as well as the public areas passenger waiting areas of airports and ports (as such meaning exclusively the covered areas intended for the waiting of passengers before boarding them on planes and ships respectively). The minimum percentage of transmission of Greek-language songs cannot be lower than forty-five percent (45%) of the total number of musical works performed, as long as music is publicly broadcast.
Article 12 provides for a potentially favorable evaluation of audiovisual or cinematographic productions, on the condition that they incorporate Greek-language songs or an orchestral musical performance of a Greek-language song or musical works without lyrics or with lyrics in the language of an EU member state, which are recorded in Greek territory in accordance with the provisions of par. 4 of article 54 of Regulation (EU) 651/2014 of the Commission. The evaluation concerns the inclusion of such productions in aid regimes or funding programs of the Greek State, on the condition that they meet the eligibility rules and criteria set out in Regulation (EU) 651/2014, Article 54, paragraph 4, of the European Commission.
Article 13, refers exclusively to the creation of an electronic database for Greek-language songs and an online application for accessing it (which are posted on the official website of the Ministry of Culture following the written consent of the beneficiaries). The electronic database contains the identification data of Greek-language songs, orchestral musical performances of Greek-language songs, orchestral music by Greek composers and recordings recorded in Greek territory based on the data provided by the competent collective management organizations. The online application provides the possibility to search the content of the electronic database and draw up an original list of Greek-language songs that have been recorded in the territory.
Finally, Article 14 defines the procedure for monitoring and imposing administrative sanctions on each category of obligated parties for any violation with respect to the above.
It is understood that these provisions indirectly affect the Greek intellectual property law system, particularly the collective management of rights. Those obligated to publicly perform a minimum percentage of Greek-language repertoire are required to submit a list of all musical works they have publicly performed to the Collective Management Organizations (CMOs) and the Organization for Intellectual Property (OPI). The CMOs issue a certificate for the exact percentage, while the OPI provides a reasoned opinion for the imposition of sanctions in the event of non-compliance with this obligation.
In conclusion, the new legislative initiative is based both on the protection of intangible cultural heritage and the promotion of the Greek language as a means of expressing cultural identity. However, we cannot overlook the fact that the relevant legislative provisions have created elicit mixed feelings and reactions, both from those obligated to comply with the new regulations as well as from foreign right holders/organizations who are definitely affected adversely by the provisions of the above law.
