Cyprus

[CY] Act on the Protection of Copyright and Neighbouring Rights

IRIS 2004-5:1/24

Christophoros Christophorou

Council of Europe expert in Media and Elections

Recent amendments (Act No. 128(I)2002 and Act No. 128(I)/2004) to the Act on the protection of copyright and neighbouring rights No. 59/1976 aimed at keeping pace with new technologies (software, databases, cable and satellite broadcasts) and full harmonisation with European standards, including provisions of the European Convention relating to questions on Copyright Law and Neighbouring Rights in the Framework of Transfrontier Broadcasting by Satellite.

The Act on the protection of copyright and neighbouring rights of 1976 is a broad spectrum covering legal document aiming at protecting all kinds of intellectual works. It draws on the provisions of the relevant International Conventions of Berne of 1886 and of Rome of 1961.

With reference to broadcasting, the act includes a number of definitions related to objects protected, devices and means of signal carriage and transmission, the content of rights, and activities related to the use of works. Articles 10A and 10B provide for means and procedures by which access to copyright is ensured as well as the content of rights acquired in the case of satellite and cable broadcasting. The rights of performing artists are defined in Article 10C, while in Article 11 it is stipulated that the initial copyright belongs to the creator of a work, but it can be transferred to those that commissioned it or those that employed the creators. In the case of films, the producer is considered as the initial creator.

Furthermore, the law defines the works protected and the duration, as well as the kind of protection enjoyed by the creators and other rightsholders. Copyright protects from reproduction, advertising, selling or hiring, broadcasting, translation and adaptation and presentation to the public of intellectual works or their essential parts.

The competent authority on copyright issues is the Minister of Commerce and Industry. He appoints an authority, composed of five members, entrusted with the power to decide on authorisations related to copyright matters. The authority’s members must have special knowledge in copyright issues; at least three of them should not belong to the public service.