Regarding the music license and until the issuance of the Joint Ministerial Decree provided for in article 36 par. 1 of Law 4442/2016 which will regulate, among other things, the notification procedure, the following shall apply pursuant to the provisions of article 38 par. 5 his:
In cases of intention to use music or musical instruments following the expiration of the existing license or using music for the first time, a simple notification with the following content is submitted to the competent municipal service:
“I, the undersigned …………., (or as legal representative of the company ……….., with registered office in ……….) resident in ………., maintain a health care store on …………… street under the name ………… and hereby declare that I will use music, in accordance with the provisions of article 29 par. 1 of Law 4442/2016“
It is noted that the competent service of the Municipality should inform the interested party that, if the store uses music in an outdoor area, it must have and maintain on the store premises a technical report by a competent engineer, accompanied by a topographical diagram showing the location and direction of the speakers. The technical report will prove that it has taken all the necessary measures so that with a maximum sound level of 80db, problems are not created at the protection points.
The interested party is given a proof of submission, to which a copy of the notification is attached. The notification is sent by the Municipality to the Police and the Regional Health Service.
Pending applications are examined based on the now applicable provisions on notification. Applicants are provided with a proof of submission with an attached copy of the application, while any fees paid are refunded.
The permit to extend the hours of use of music continues to be granted, pursuant to the provisions of article 29 par. 3 of Law 4442/2016, by the legally competent bodies, upon submission of the relevant application and presentation of proof of notification submission (for those KYE that have already submitted a notification), without requiring the payment of a fee.
From 06/06/2017, notifications for the activities of Law 4442/2016 “New institutional framework for the exercise of economic activity and other provisions.” and listed below, are submitted exclusively electronically via the website https://notifybusiness.gov.gr.
Signature verification means the electronic authentication of users through access codes in the system of the General Secretariat for Information Systems (taxisNet).
NOTIFICATION
The activities currently subject to notification are:
INQUIRY Does the updated certificate of article 5, paragraph 6 of Joint Ministerial Decree 166628/18-5-2017 (B’ 173) constitute a new certificate?
ANSWER No, the updated certificate does not constitute a new certificate. The municipal services may search from the beginning for the supporting documents for the issuance of an updated certificate of the original one, provided that there has been a modification of the data on which the issuance of the previous one was based (land uses, regulatory acts in accordance with article 79 of law 3463/2006, archaeological findings). In any case, they must issue a certificate for the non-action of the ten-day deadline in case of non-issuance of the updated certificate. The ten-day deadline starts from the request of the activity body for the change. The body operates legally after the issuance of the updated certificate or after the issuance of the certificate for the non-action of the ten-day deadline.
In order for a store to legally play music, it must have obtained the necessary licenses from a collective management organization (CMO). For music, a license must be obtained for composers and creators from the CMOs, while for holders of related rights of recorded music from the “GEA”.
The user may choose not to use in his store represented repertoire (i.e. repertoire not represented by the above-mentioned OCDs whose rights have been assigned to them either directly by the rights holders or based on reciprocity agreements with other OCDs abroad). In this case, the user should not perform any musical work belonging to the OCD repertoire either through a stereo system or from the internet or through a television or radio system that he has in his store.
When businesses have a television or radio installation, they are required to obtain a public performance license from the competent music authorities because the use of represented repertoire is presumed. The same applies even if users use the television to watch exclusively sports broadcasts.
Whether or not a shopkeeper performs represented repertoire is a question of fact and does not arise from the display (merely) of certificates or other documents from companies or other entities that provide non-represented repertoire.
If you have any questions regarding the above issues, you can contact the OPI at tel. 213 214 7800, E-mail: protocol@opi.gr or fax 210 82 53 732.
NO.
According to Article 6 – Law 4481/2017 par.1b, they should draw up contracts with users for the terms of exploitation of the works as well as for the due, percentage and/or reasonable remuneration that they are OBLIGED to pay them (as defined in par. 1 of article 32 of law 2121/1993), (Article 6 – Law 4481/2017 par.1c).
NO.
According to the law Article 6 – Law 4481/2017 paragraph l must obtain from users all information necessary for the application of the fees, the calculation of the fee and the collection and distribution of the collected royalties, using the relevant recognized industry standards. Therefore, they must take into account many factors and are prohibited by law from arbitrarily pricing.
NO.
According to Article 6 – Law 4481/2017 par. m. act in collaboration with the public authority or in accordance with the procedure of article 64 of law 2121/1993, the necessary checks in establishments selling or renting or lending copies or public performances of the works they protect in order to ascertain whether these acts do not infringe the rights of the rightholders,
IE: Only with the presence of a police officer can they conduct an inspection, and this after a named and personalized complaint against your store.
Dream Music provides the music license that every professional space needs, with the aim of providing legal and quality coverage for music playback in restaurants, commercial stores, hair salons, gyms and any business that plays music in its premises.
WITH THE EXCLUSIVE LEGAL REPRESENTATION IN ALL OF GREECE,
FROM THE INTERNATIONALLY RENOWNED LAW FIRM
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