Cyprus

[CY] The Law on Copyright and Neighbouring Rights of 1976

IRIS 2008-1:1/32

Christophoros Christophorou

Council of Europe expert in Media and Elections

The Cypriot Law on the Protection of Copyright and Neighbouring Rights is a generic document that extends legal protection to all kinds of intellectual works. It was first introduced in order to comply with the provisions of two International Conventions ratified by the Republic, namely the Convention of Berne on the protection of literary and artistic works and the Convention of Rome on the protection of phonograms and broadcasting productions. Several amendments in the last decade aimed to harmonise the Law with the country's European Convention obligations. Specific reference to the conventions is made in the Law.

The works protected, the duration and the kind of protection enjoyed by the creators and other rightsholders are defined in the Law. Copyright of intellectual works or their essential parts is protected from reproduction, advertising, selling or hiring, broadcasting, translation and adaptation and presentation to the public.

Recent amendments of the Law responded to the need for keeping pace with changes brought by new technologies in the production, reproduction, dissemination etc. of works. Through them it was also sought full harmonisation and compliance with European conventions, directives and regulations, including provisions of the European Convention on Copyright on Satellite Television Broadcasts, ratified by Cyprus in 1995. New clauses in the Law relate to the kind and extent of protection for architectural plans, software and databases, as well as for cable and satellite broadcasts (see IRIS 2004-5/100). They provide protection of intellectual property in connection to new forms of creation, (re)production, distribution etc. The creator's right to follow-up and his rights to further exploitation/resale of the work, disclosure of confidential information related to commercial distribution networks, and sanctions for offences related to copyright are among the issues dealt with in the most recent amendments.

In the appendix the term of protection of various works covered by copyright is set, the longest being 70 years from the death of the creator/co-creators for cinematographic and most original works. Audiovisual recordings and broadcast programmes are protected for 50 years after their first recording/broadcast.

The Minister of Commerce and Industry is the competent authority on copyright. He appoints an authority (Αρχή), composed of five members and entrusted with the power to decide on issues related to copyright matters. The five members should have special knowledge on the matter and at least three of them should not be public servants.