Greece

Last update: October, 2013

Article 16 of the Constitution stipulates the right of all to art and culture, and the responsibility of the state to promote it. In addition, Article 24 states that the protection of the cultural environment (including monuments, traditional areas and traditional elements of the environment) is a right of all and an obligation of the state.

Last update: October, 2013

No special legislation applies to the allocation of public funds for culture. The amount of public funding for the cultural organisations supervised by the Ministry of Culture is reflected in the budget planning of the Ministry and varies each year depending on the government's budget allocated to culture. Since 2012, funding of cultural organisations is subject to a new system that foresees the prior registration of cultural organisations in a Register of Cultural Organisations as a prerequisite for funding eligibility. Organisations submit their funding requests after an open call launched by the Ministry on an annual basis addressed to all cultural organisations. An expert's commission assists the Ministry in the evaluation of the proposals and decision on the allocation of funds.

Last update: October, 2013

Collective agreements for performing artists, such as actors, were established upon the initiative of Melina Mercouri in the early 1980s. Such agreements have been established with public television and radio companies and between the Association of Greek Actors with theatre entrepreneurs. Typically, performers work on short term engagements, either as independent contractors or on a day salary basis, and often find it difficult to collect the necessary time credits in order to be paid a full pension or have access to unemployment benefits.

Culture professionals benefit from general provisions with regard to pensions and social security, such as a national pension. Nevertheless, the framework of social security for self-employed artists and authors remains sorely lacking, given the precarious and short-term nature of cultural employment. The Ministry of Culture operates an honorary pension scheme limited to a small number of writers and artists deemed to be of national importance (Law 3075/2002).

Last update: October, 2013

For many years, there have been few legal and financial incentives to promote sponsorship in the fields of culture and the arts. An Amendment to the Tax Law which provided tax exemptions for cultural sponsorship (1990) was practically rescinded under austerity economic policies in 1997. In 2007, however, legislation was introduced to offer some tax incentives for arts sponsorship; a central bureau has been set up, firstly to certify that a given sponsorship initiative is indeed for a bona fide cultural cause, and, secondly, to produce a list of priority projects in arts and heritage for which sponsorship will be sought.

Inheritance tax on art collections can be paid in kind, a measure effectively equal to a public purchase of art programme. This measure helps to ease the burden of people who would have to face a heavy financial burden if they came to inherit an important collection.

The income derived by writers and artists from their creative work is VAT exempt. Regulatory changes under way (early 2012) due to the economic crisis may impact on this exemption.

Last update: October, 2013

In order to practice some of the professions related to the cultural industries (especially the ones related to technical aspects of cinema or theatre production) it is necessary to have a special licence granted by the Ministry of Culture after fulfilment of certain criteria and specialised exams. Special provisions regarding unemployment rights for temporary workers apply to cultural professionals; however all social policy provisions are currently undergoing a general re-evaluation due to the financial crisis.

Last update: October, 2013

Law 2121/1993, on Copyright, Related Rights Matters and Cultural Issues defines a comprehensive framework for copyright protection, including provisions for genres or work and modes of reproduction made possible through technological development; it accepts a broad definition of what constitutes a "work", including any "original intellectual literary, artistic or scientific creation expressed in any form", such as musical compositions, dramatic works, choreographies and pantomimes, audiovisual works, fine art, architecture, applied art, illustrations, maps etc., but also computer programmes and databases; multimedia productions are not mentioned by name, but are generally covered by the law. It also defines the moral rights of creators as inalienable.

In general, copyright protection is for seventy years after the death of the author. The law provides for a non-transferable moral right of the author (and his or her heirs), and regulates the terms under which his or her economic rights may be transferred, exercised and exploited. A principle of a percentage-based fee to the author is stipulated for published works, as well as for performances (and additional forms of exploitation) of audiovisual works. A fair use limitation applies to public, educational or judicial information.

The interests of right holders over copying of their work are served by a compulsory fee: 4% of the value of photocopying machines and of photocopy paper, and 8% of the value of visual or sound or audiovisual recording equipment, payable and distributed through collecting societies. Copyright infringements are recognised as offences both in civil and penal law, and right holders are entitled to recover high amounts of damages in case of infringement.

The Hellenic Copyright Organisation (OPI), a legal entity under private law was established according to art. 69 of Law 2121/1993, to protect the authors and rightholders of related rights, to take steps toward implementation of Law 2121/1993 and the international conventions, to supervise the Collecting Societies and to undertake legal preparatory work on matters pertaining to copyright and related rights. In the context of its responsibilities, OPI deals with any issue in general that might occur in the field of copyright and related rights and represents Greece before the related international organisations, as well as the Instruments of the European Union.

A sui generis right on a hitherto unpublished work, such as an archaeological find, is conferred on the person who first brings it into the public domain or first publishes the work; conversely, according to legislation introduced in 2007, Ministry of Culture archaeologists entitled to a leave of absence for research are obliged to publish works under their control, or face specific career advancement strictures. Law 3028/2002 asserts a right of the Greek state over reproductions (photographic, digital or physical) of Greek monuments and cultural heritage objects under state ownership. In addition, Law 2524/2007 harmonises Greek IPR legislation with EU directives, establishes performance rights of original creators, provides for the operation of rights collectives and specifies an effective framework for enforcement against violations.

Last update: October, 2013

The Constitution (Article 9A) provides for personal data protection, as is regulated by law. An independent Personal Data Protection Authority is entitled with the right to intervene and enforce penalties in cases of violation.

The Hellenic Data Protection Authority (HDPA), a constitutionally consolidated independent Authority was established under Law 2472/97, Protection of individuals with regard to the processing of personal data which incorporates into Greek law the European Directive 95/46/EC which sets new rules for the protection of personal data in the member states of the European Union. In addition, the Hellenic Data Protection Authority implements Law 3471/2006 with respect to the electronic communications sector which incorporates into the Greek law European Directive 58/2002.

Last update: October, 2013

Current legislation includes several measures intended to promote Greek literature, as well as literary translations from and into the Greek language. Special measures included literary prizes, commissioning of works, the purchase of a number of copies of works by state libraries and other organisations, etc.

Also, films primarily in the Greek language or created by Greek filmmakers are eligible for production funding by the Greek Film Centre, and for prizes awarded by the state, especially in the context of the Thessaloniki Cinema Festival. In addition, movie theatres and film distribution companies are eligible for tax rebates for screening or distributing films in the Greek language.

Last update: October, 2013

No further legislation has been identified in the context of this report.

Last update: October, 2013

The obligation of the state to support artistic creativity and protect cultural heritage stems from the Greek constitution (Articles 16 and 24). Policy making, establishing cultural institutions and allocating funds for culture are the responsibilities of the Ministry of Culture as outlined in their organisational statutes. When appropriate, the Ministry of Culture co-operates with other Ministries (such as the Ministry for the Economy) to prepare and introduce legislation which is approved by the parliament and via presidential decrees.

Legislation related to heritage, culture and the arts originally consisted of an agglomeration of amendments to laws dating back to the 19th and early 20th century. After 1974, and especially since the 1980s, there has been a consistent attempt to modernise, bring together and systematise legislation within a smaller number of comprehensive laws.

The following pieces of legislation regarding culture should be noted:

• Presidential Decree no. 191/2003, Organisation of the Ministry of Culture, defining the organisational plan and responsibilities of the Ministry of Culture;
• Law no. 2121/1993, Copyright, Related Rights and Cultural Matters, providing wide protection for the moral and economic rights of authors, and the related rights of performers, publishers, producers, etc., and stipulating the creation of an influential Copyright Organisation under the auspices of the state;
• Law no. 2557/1997, Institutions, Measures and Actions for Cultural Development, containing a wide range of legislation whose clauses include, among others, a new framework for national literary and other prizes, enforcement of a fixed book price, establishment of new national art galleries and museums, new statutes for the Thessaloniki Film Festival and the Greek Cinema Centre, provisions regarding music, cinema and arts education, establishment of a state-owned company entrusted with cultural heritage valorisation and promotion through editions, audiovisual and multimedia productions and several important terms related to intellectual property rights;
• Law no. 3028/2002, For the Protection of Antiquities and Cultural Heritage in General, broadening the notion and scope for the protection of monuments and works of all cultural traditions and historical periods, establishing legal provisions for the museum sector, introducing stricter controls to the provenance of works in private hands and the art market, stipulating the public right of access to cultural heritage (and the consequent obligations of the state, of archaeological research and of private collectors), defining regulations for archaeological research, including foreign archaeological schools operating in Greece, introducing fiscal incentives for the protection of cultural heritage, introducing stricter penalties for offenders, and making provisions for lending and exhibiting Greek cultural heritage objects abroad;
• Presidential Decree no. 2520/2006, Ratification of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005);
• Presidential Decree no. 3521/2006, Ratification of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003); and
• Presidential Decree no. 3525/2007, On Cultural Sponsorship which re-instates a status of tax exemptions for private financial contributions to the arts. The process of arts and heritage sponsorship is to be monitored, and exemption status approved, by the Ministry of Culture, which will, also, provide potential sponsors with a list of candidate projects administered by the Ministry.

Law 3828/2002 regulates all aspects of cultural heritage protection and management, replacing a complex sequence of amendments to earlier pieces of legislation dating to 1932 and 1950. The provisions of the current legislation can be summarised as follows:

• the concept of cultural heritage is broadened to encompass all cultural goods situated in Greece, including immovable monuments and sites, moveable cultural objects, and the intangible heritage (including oral traditions, myths, music, dances, skills and practices), regardless of cultural origin or tradition, and encompassing archaeological, ethnographic and broader cultural heritage;
• the notion of protection is broadened to cover, apart from physical preservation and conservation, the identification, research, documentation, access, and social, aesthetic and educational valorisation of cultural heritage;
• the scope of the law covers cultural heritage of all periods, from prehistory to the present. A different degree of protection is afforded for different classes of cultural heritage objects. In general, all objects, moveable and immovable, before AD 1453, and all immovable monuments before AD 1830, are afforded the highest level of protection. More recent objects can also be placed on a higher level of protection if specifically characterised as containing special value;
• the law defines clear terms to recognise private collectors, outlines their special privileges, the terms of protection and access afforded by private collections, and for the operation of the art market;
• strict terms of protection are enforced through a system of zones. No building, quarrying etc. activity is permitted within a level A protection zone, while strict regulations apply over building and related activities within a level B protection zone;
• infringements relating to the protection of cultural heritage (such as theft, damage to monuments, illegal excavation, etc.) are defined in detail, and strong penalties have been introduced;
• the law defines the prerequisites for conducting archaeological research, including excavation, undertaken by the state archaeological service, academic institutions and foreign archaeological schools active in Greece, and stipulates the obligation of all researchers for the timely publication of their research;
• clear terms are defined regarding the rewards offered to those bringing hitherto unknown monuments to the attention of the state, as well as remuneration resulting from appropriation or limited use of privately owned land where monuments are found;
• measures are taken to strengthen control of legal provenance of cultural objects imported to the country or declared as part of a collection. Temporary export of cultural goods, in public or private custodianship, is explicitly allowed for exhibition, conservation, research or educational purposes; and
• specific requirements, concerning the purpose, the physical infrastructure, the staff, and the terms of operation, are defined to recognise private or public entities as a museum. All state museums, and non-state museums recognised by the state, are required to maintain specific collection management standards and to provide adequate access for research and public enjoyment of their collections; private museums are eligible to receive state subsidies. A national advisory council on museum policy has been established to offer advice to the Minister of Culture.

• Law 2273/1994 regulates the functioning of the National Theatre, the State Theatre of Northern Greece, the State Orchestra of Greek Music and the Orchestra of Colours; and
• Law 2557/1997 Article 3 regulates the field of the performing arts and determines the statutes of the State School of Dance, the Melina award granted to a new Greek artist up to 30 years for a piece of work and the National Dance Awards. Article 5 of the same Law regulates the fields of Orchestras and Music Education.

The Law on Foundation of National Centre for Theatre and Dance was voted by Parliament on 15 May 2007. It provides for the creation of an arms-length organisation, as a legal body in private law, to assist the Ministry of Culture in a wide area of responsibilities, from funding decisions to strategic planning in the performing arts.

Last update: October, 2013

• Law 2557/1997 Article 2 makes reference to a visual arts policy and stipulates the creation of the National Museum of Contemporary Art in Athens and the State Museum of Contemporary Art in Thessaloniki, and the Thessaloniki Museum of Photography which operates within the structure of the latter;
• Law 1218/1981 concerns the establishment and statutes of a Greek Chamber of Visual Arts; and
• Law 1079/1980 defines the statutes of the National Gallery- Alexandros Soutzos Museum.

Last update: October, 2013

Law 2557/1997 Article 1 defines the National Book Policy and Literary Awards and stipulates provisions for the publishing field (such as a single price for books) the work of the National Book Centre, the Hellenic Literary and Historical Archive and Literature Prizes.

Last update: October, 2013

Film, video and photography

The Ministry of Culture is responsible for the field of film production, distribution and screening which is regulated by Law 1597/1986. There is a legal framework for the economic exploitation of cultural creativity through publishing, production of audiovisual works or public performance, defined by Law 2121/1993. Specific clauses regarding the regulation and support of the publishing industry, film, independent and state drama companies, and orchestras are included in Law 2557/1997. Moreover, Greece has ratified the European Convention for Cinema Co-productions (Law 3004/2002).

A new Law 3905/2010 for the Support and Development of Cinema Art which defines the principles of national policy in the cinema field and sets a new legal framework, taking into account developments of the last fifteen years in the field, and aiming to raise funding for productions through the effective use of resources, redistribution of available funding, reporting from the organisations funded, attraction of foreign productions and reduction of bureaucracy.

Mass media

Greece follows the European Union directive concerning content quotas, which, according to Greek legislation is interpreted as 50% of programming. A significant part of both public and private radio and TV programmes is in Greek and Greek popular music is as popular as ever. The public Radio and Television Corporation also dedicates a considerable amount of resources to original Greek productions. Indeed, quotas appear to be respected more consistently by the public broadcasting corporation ERT than by some of its privately-owned competitors.

On the other hand, foreign films and other programmes are shown, as a rule, in the original language with Greek subtitles, both in Greek television and in movie theatres. All in all, there appears to be a balance of Greek and foreign (mostly English language) programming on Greek television; the majority of the programmes are, as it is to be expected, mass culture oriented, but there are also interesting films, plays, talk shows and documentaries, especially shown on the public television, attracting an educated audience that makes a distinction on the basis of quality rather than programming language.

Law 1866/1989 stipulates the Creation of the National Council for Radio and Television, an independent administrative authority that supervises and regulates the radio / television market. 

Last update: October, 2013

Greece has ratified the Granada Convention (1985) for the Protection of the Architectural Heritage of Europe which incorporates the contemporary thinking regarding the protection of the architectural heritage. Moreover, Law 2742/99 introduces a General Framework for Planning and Sustainable Development, while Law 3828/2002 regulates all aspects of cultural heritage protection and management, including architectural heritage. Finally, Law 3201/2003 on the Protection of natural and built environment of the Aegean islands sets the conditions for preservation of architectural heritage in the islands.