Amendments to Law on Intellectual Property and Related Rights in Cyprus

The new Law makes it clear that its provisions apply similarly to surrounding rights. The exclusive right of control inside Cyprus includes neighboring rights. The Law further shows that aside from first sales, the right of distribution is not exhausted within the EU. The amended legislation includes new procedural provisions such as:

• Usage of text and content mining for scientific research purposes, as well as exceptions and limitations to such use.
• For purposes of cultural preservation, cultural heritage institutions are allowed to make copies of works or other objects of protection permanently held in their collections.
• The capacity of collective management organizations to enter into non-exclusive license agreements for non-commercial purposes with a cultural heritage institution for specific purposes.
• Where the term of protection of a work of visual art has expired, any material resulting from an act of reproduction of that work shall not be subject to copyright or related rights.
• Publishing rights and protection of press releases relating to online uses.
• Fair compensation claims.
• The existence of a mechanism of dispute resolution.

While attempting to reach an agreement to make works accessible on video-on-demand services, parties that encounter difficulties with the licensing of rights may turn to the Copyright and Related Rights Authority (‘CRRA’) to help them address their issues. In addition, creators and performers who provide a license or transfer of their exclusive rights are subject to the concept of suitable and proportionate remuneration. The parties to whom they have licensed or transferred their rights are required to provide creators and performers with current, pertinent, and appropriate information on the exploitation and marketing of their works and performances regularly at least once a year. The introduction of a contract indexation system and alternative dispute resolution processes for disputes over this mechanism and the aforementioned transparency obligation. This Legislation gives writers or performers the ability to renounce the license or transfer of rights, in whole or in part, in cases where the exploitation of a work or other subject matter has never occurred. Finally, those who have locus may complain to the CRRA over a decision the agency made under the provisions of the Amending Law.