The 4th Department of the Council of State ruled yesterday with its decision, unanimously, that the license of EDEM should be canceled and refers the case to the Plenary Session of the Court. The decision of the 4th Department of the Council of State -although it is not final- justifies AUTODIA, which appealed to the court, because it considered unfair the way in which EDEM was licensed and "endorsed".
The decision acknowledges that EDEM's license does not meet the requirements of the law, in terms of its representativeness and viability, because it based its operation on EYED resources, while most EYED’s members did not choose to register in EDEM.
Specifically, the 301 rightsholders (who attended the General Assembly of the EYED) cannot determine the fate of 14,431 rightsholders. EDEM, according to the decision, cannot be considered as "presumed to have as members all the creators contracting with the EYED, nor consequently that their financial data are automatically transferred from EYED to EDEM".
In other words, the Joint Ministerial Decision (JMD) of the Ministers of Finance and Culture on the transfer of financial and other data of EYED to EDEM, cannot be taken into account for the viability of EDEM and is therefore not legal. Read the full decision here.
Now that it is clear that EYED’s money does not belong only to EDEM, we ask the Ministry of Culture and the Hellenic Copyright Organization (OPI):
- to notify us of the result of the audit of Ernst & Young in EYED concerning the management of money and our members by a public body (OPI / EYED).
and
- to freeze the execution of the JMD, the legality of which is disputed, in order not to create irreversible situations at the expense of the sector.
Something that has not been achieved so far is the representation of the entire repertoire by one CMO. Therefore, regardless of all the above, AUTODIA, faithful to its effort for the union, invites all creators under its roof. It is committed on the basis of European and international standards, which it follows, for absolute transparency in relation to its financial data, complete information, as well as elections, as provided by law.