Copyright Laws in Cyprus

Copyright is a legal concept that provides exclusive rights to creators of original works, such as literary, artistic, musical, and other types of works. The purpose of copyright is to encourage and reward creativity by giving creators the right to control the use and distribution of their works. Copyright law also protects the interests of the public by providing limitations on these exclusive rights, such as exceptions for fair use.

In most countries, including Cyprus, copyright law is governed by national legislation. Copyright protection is automatic and exists from the moment a work is created and fixed in a tangible form of expression. Copyright owners have exclusive rights to control the use of their works, including the right to reproduce, distribute, perform, and display the work publicly.

In addition to exclusive rights, copyright owners also have the right to authorize others to use their works and to receive compensation for such use. This can take the form of licensing agreements, such as a licensing agreement for the use of a song in a movie or a licensing agreement for the use of software.

Infringement of copyright is considered a violation of the rights of the copyright owner and is punishable by law. This can include fines, imprisonment, and/or other penalties. In addition, copyright owners may seek to enforce their rights through the courts, including seeking damages and/or an injunction to prevent further infringement.

Overall, the purpose of copyright law is to encourage and reward creativity by providing legal protection for creators of original works, while balancing the interests of copyright owners with those of the public. Cyprus copyright law provides a comprehensive legal framework for the protection of copyrighted works and helps to ensure that creators of original works are properly compensated for their contributions.

The EU Directive 2019/790, also known as the Directive on copyright and related rights in the Digital Single Market, was adopted by the European Union in 2019 with the goal of modernising EU copyright rules to better adapt to the digital age. The directive includes a number of provisions aimed at ensuring the protection of copyright in the digital environment and providing for a fair balance between the rights of rights-holders and users.

One of the key provisions of the directive is the protection of press publications, which requires online service providers to compensate publishers for the use of their news articles. The directive also provides for the use of out-of-commerce works, which are works that are no longer commercially available but remain protected by copyright, by cultural heritage institutions and by researchers.

The directive also establishes new obligations for online service providers to take measures to prevent the availability of copyrighted works on their platforms and to cooperate with rights-holders in the removal of infringing content. The directive requires service providers to put in place appropriate measures, such as content recognition technologies, to ensure that copyrighted works are not made available on their platforms without the authorisation of the rights-holders.

The directive also establishes a new framework for the licensing of rights in the digital environment, providing for a more transparent and efficient licensing system. This includes provisions on the rights of authors and performers, the scope of copyright protection, and the exceptions and limitations to copyright.

Overall, the EU Directive 2019/790 seeks to balance the interests of rights-holders and users by providing for limitations and exceptions to copyright protection and by establishing a new framework for the licensing of rights in the digital age. EU member states must transpose the directive into their national laws by June 2021.

Cyprus copyright laws are governed by the Copyright and Related Rights Law of 1976 (59/1976) commonly known as the ‘Copyright Law’, which has had various amendments over the years with the latest being in October 2022.  The latest amendment transposed EU Directive 2019/790 into national law and aligns Cyprus Copyright Law with the European Union copyright directives.

This law provides protection for various forms of creative works including literary, musical, and artistic works, as well as films, sound recordings, and broadcasts. Under Cyprus copyright law, copyright protection lasts for the lifetime of the author plus 70 years. The law also provides for the enforcement of copyright through both civil and criminal means, and sets penalties for infringement, including fines and imprisonment.  The Cyprus copyright law establishes a comprehensive legal framework for the protection of copyrighted works. The law applies to all types of works that are original, creative and fixed in any tangible form of expression, including traditional forms of expression (such as books, music, paintings) and modern forms of expression (such as computer programs, databases, and multimedia works).

Under the law, copyright owners have exclusive rights to control and benefit from the use of their works, including the right to reproduce, distribute, perform, and display the work publicly. In addition, they have the right to authorize others to use their works and to receive compensation for such use.

The law also provides exceptions to these exclusive rights, including fair use for the purpose of criticism, news reporting, research, and education. This means that individuals and organisations may use copyrighted works without the permission of the copyright owner in these limited circumstances, as long as they are using the work for the purpose of criticism, news reporting, research, or education and as long as they give proper credit to the original author.

Infringement of copyright is considered a criminal offence under the law and can result in fines and/or imprisonment. Civil remedies are also available to copyright owners, including the right to seek damages and/or an injunction to prevent further infringement.

Overall, the Cyprus copyright law provides a strong and comprehensive legal framework for the protection of copyrighted works, while balancing the interests of copyright owners with those of the general public.

The length of copyright protection in Cyprus is determined by the Copyright Law. Under this law, the general rule is that copyright protection lasts for the life of the author plus 70 years after their death. For works that are created by more than one author, the copyright protection lasts for 70 years after the death of the last surviving author.

For anonymous or pseudonymous works, the copyright protection lasts for 70 years from the date of publication, or if the work was not published within 70 years of its creation, the copyright protection lasts for 70 years from the date of creation.

For cinematographic works and other audiovisual works, the copyright protection lasts for 70 years from the death of the last survivor of the following individuals: the principal director, the author of the screenplay, the author of the dialogue, and the composer of music specifically created for use in the work.

For posthumous works, the copyright protection lasts for 70 years from the date of the death of the author, or if the work was not published within 70 years of the death, the copyright protection lasts for 70 years from the date of publication.

Copyright licensing is a legal agreement between the copyright owner and another party that allows the party to use the copyrighted work in a specific manner. A copyright license sets out the terms and conditions under which the copyrighted work can be used, including the scope of use, the geographic area of use, the duration of the license, and the payment of royalties or other compensation to the copyright owner.

In Cyprus, the copyright owner has the exclusive right to authorise the use of their work, and a copyright license is a way for the copyright owner to grant permission to another party to use the work in a specific manner.

Copyright licenses can be negotiated and customised to meet the specific needs of the parties involved. For example, a copyright owner may license the use of a song in a movie for a specific period of time, in a specific geographic area, and for a specific use, such as background music in a film.

There are several types of copyright licensing, including:

1. Exclusive licensing: This type of license gives the licensee the exclusive right to use the copyrighted work, meaning that no one else can use the work without the permission of the licensee. The copyright owner retains the ownership of the work, but gives up the right to use it for the duration of the exclusive license.
2. Non-exclusive licensing: This type of license allows multiple parties to use the copyrighted work at the same time. The copyright owner retains the ownership of the work and can still use it, but also grants permission to others to use it as well.
3. Sub-licensing: This type of license allows the licensee to grant permission to another party to use the copyrighted work. The sublicensee is entitled to use the work within the scope of the original license agreement.
4. Transfer of ownership: This type of license involves a permanent transfer of ownership of the copyrighted work to the licensee. The transfer of ownership can be done in exchange for payment or other compensation.
5. Public domain licensing: This type of license allows the public to use the copyrighted work without restriction. The copyright owner waives all rights to the work, making it available to the public to use as they see fit.
6. Creative Commons licensing: This type of license allows creators to share their work with the public while still retaining some rights. There are several different Creative Commons licenses, each with its own set of terms and conditions for use.

The type of license used will depend on the specific needs and goals of the parties involved.

In summary, copyright licensing is a way for the copyright owner to allow another party to use their copyrighted work in a specific manner. A copyright license sets out the terms and conditions of use, including the scope of use, the geographic area of use, the duration of the license, and the payment of royalties or other compensation to the copyright owner.

The Cyprus copyright law also includes provisions relating to moral rights. Moral rights are rights that are distinct from economic rights and are granted to authors of copyrighted works. These rights include the right to claim authorship of the work, the right to object to any modification or other treatment of the work that would harm the reputation of the author, and the right to protect the integrity of the work.

In Cyprus, the law recognises the moral rights of authors and provides for their protection. This means that authors have the right to take legal action against any infringement of their moral rights, even if the infringement does not result in any economic harm. This helps to ensure that authors are properly recognised for their contributions and that their works are not modified or used in a way that would harm their reputation.

The Cyprus copyright law also provides for the protection of related rights, which are rights granted to performers, producers of phonograms, and broadcasting organisations. These rights include the right to control the use of their performances, phonograms, and broadcasts and the right to receive compensation for such use. The law recognises the importance of these rights and provides a framework for their protection, helping to ensure that performers, producers of phonograms, and broadcasting organisations are properly compensated for their contributions.

Creative Commons (CC) is a non-profit organisation that provides a standard set of copyright licenses that creators can use to share their work with the public. The goal of Creative Commons is to make it easier for people to share and build upon the works of others while still respecting the rights of the original creators.

Creative Commons licenses are used to give permission to others to use a work in specific ways without the need for the creator to enter into a separate licensing agreement. For example, a creator may choose to allow others to use their work for non-commercial purposes, or allow others to make derivative works.

The Creative Commons licenses are standardised and easy to understand, which makes them a popular choice for creators who want to share their work with the public. They are recognised globally and are used by millions of creators and users around the world.

In Cyprus, the Creative Commons licenses are recognised and enforceable under the copyright law. Creators can choose to apply a Creative Commons license to their work in order to make it easier for others to use and build upon their work while still respecting their rights as the copyright owner.

In summary, Creative Commons is a non-profit organisation that provides standard copyright licenses that creators can use to share their work with the public. The Creative Commons licenses are recognised globally and are enforceable in Cyprus under the copyright law.

In Cyprus, penalties for copyright infringement are established under the Copyright Law. The penalties for copyright infringement can include both civil and criminal remedies, depending on the nature and severity of the infringement.

Civil penalties for copyright infringement in Cyprus can include injunctions to stop the infringing activity, damages to compensate the copyright owner for the harm caused by the infringement, and/or the payment of profits made by the infringing party. The damages awarded in a civil copyright infringement case can be either actual damages, which compensate the copyright owner for their actual losses, or statutory damages, which are predetermined damages set by law.

Criminal penalties for copyright infringement in Cyprus can include fines and/or imprisonment, and are typically reserved for more serious or intentional infringements. Criminal copyright infringement in Cyprus is a criminal offence under the Copyright Law, and can be punishable by imprisonment for up to three years and/or a fine of up to €50,000.

In summary, the penalties for copyright infringement in Cyprus can include both civil and criminal remedies, depending on the nature and severity of the infringement. Civil penalties can include injunctions, damages, and the payment of profits, while criminal penalties can include fines and/or imprisonment.

Copyright litigation in Cyprus refers to legal disputes over the infringement of copyright laws in the country. In Cyprus, copyright disputes are typically resolved through the courts, and remedies for copyright infringement can include injunctions to stop the infringing activity, damages to compensate the copyright owner for the harm caused by the infringement, and/or the payment of profits made by the infringing party.

If a person believes that their copyright has been infringed, they can file a lawsuit in the appropriate court in Cyprus depending on the value of the claim. The process of a copyright lawsuit in Cyprus typically involves the filing of a complaint, the service of the complaint on the defendant, the filing of a response by the defendant, and the exchange of evidence and arguments by the parties.

In order to succeed in a copyright infringement lawsuit in Cyprus, the plaintiff must prove that they are the owner of the copyrighted work, and that the defendant has infringed the plaintiff’s exclusive rights under the Copyright Laws. The plaintiff must also prove the extent of the harm caused by the infringement, including any financial losses or damages suffered.

In cases where the infringement is intentional or committed with knowledge that it was infringing, the court may award additional damages, including enhanced damages or statutory damages. The court may also award lawyers fees and costs to the prevailing party, although this is not automatic.