The copyright in a song belongs to its creator, namely the composer and lyricist, unless a different arrangement exists under a commissioning or employment contract, lawyer Marinos Kleanthous said, explaining the legal framework amid the public dispute between Anna Vissi and Nikos Karvelas.
Speaking on Politis radio 107.6 and 97.6, on the programme Morning Briefing with Katerina Eliadi, Kleanthous said the copyright holder has the right to authorise or restrict the use of a song.
He explained that performers hold what are known as related or neighbouring rights, which are distinct from ownership of the work itself.
Performers’ rights
Kleanthous acknowledged the contribution an artist can make to the success of a song, noting that in Vissi’s case, her performances played a significant role in making the songs particularly popular.
However, he said this does not change the legal position.
A performer has rights relating to the performance of songs but cannot use the work of a composer or lyricist without the necessary permission.
According to Kleanthous, if the copyright holder prohibits the use of a song, the law allows them to do so and the performer would have to choose other songs.
Collective management organisations
Kleanthous also referred to collective management organisations, explaining that copyright holders may authorise third parties to collect royalties on their behalf.
These organisations collect royalties from venues such as restaurants and hotels, as well as broadcasters, for the use of songs.
He added that in Greece, the amount to which the creator is entitled is determined through a specific formula and that, where a relevant agreement exists, royalties may also be payable from the revenue generated by major concerts.
Copyright and journalistic content
Kleanthous said copyright protection continues for up to 70 years after the death of a creator, noting that the relevant framework is also established in Cyprus.
Turning to journalistic content, he said the protection of journalistic works has also been debated in other countries, citing Australia and the United States.
He argued that finding material freely available online does not automatically give someone the right to reuse it and that permission must still be obtained before protected material is used.
Can a singer’s voice be protected?
Asked whether a singer’s voice, particularly one strongly associated with a particular song, could create additional legal rights, Kleanthous described the issue as broad and particularly interesting.
He said specific guidance is expected from the European Union Intellectual Property Office.
As an example, he referred to Italian Prime Minister Giorgia Meloni, who, according to Kleanthous, has moved to protect her voice as a trademark.
The Vissi-Karvelas dispute
Turning specifically to the dispute between Vissi and Karvelas, Kleanthous said that if the copyright in the songs belongs to Karvelas, he has the right to determine how his songs are used.
He said Vissi has more limited rights regarding the communication, publication and circulation of songs that have already been recorded.
Kleanthous added that the artistic value created through the collaboration between a songwriter and a performer belongs to their shared creative history, but the legal right governing use of the work remains with the copyright holder.
He concluded that, provided Karvelas holds the relevant rights, he can place restrictions on the use of his songs.
