(and 1)Copyright upon a
literary, artistic or scientific work, as well as upon
any other similar work of intellectual creation, is
recognised guaranteed in the conditions of the present
Law. This right is linked to the author and has moral and
patrimonial attributes.
(creation, 2) The
intellectual creation work is recognised and protected,
irrespective if it is made available to the public, by
the mere fact of its even unfinished.
Art.2
Acknowledging the rights
provided in the present Law does not prejudice or exclude
the protection granted by other legal provisions.
(1)Author is the physical
person or persons that have created the work.
(the 2) In special cases
provided by the Law, by the protection granted to the
author can benefit other physical or juridical persons
than author.
(3) the feature of subject of
the copyright can be transmitted in the conditions of the
Law.
Art.4
(for the 1)It is presumed to
be author, until proved against, the person under whose
name the work was lawfully made available to the public
first time.
(the 2) When the work was
made available to the public as being anonymous or under
pseudonym that does not allow identification of authornot
, copyright is exerted by the physical or juridical
person that makes it public with the author's approval,
as long as this does disclose the identity.
Art.5
(1)It is joint work the work
created by many more co- authors, in contribution.
(2) Copyright upon a joint
work belongs to its co-authors, out of which one can be
main author, in the conditions of the present Law.
(the 3) Only when decided
otherwise, the co-authors can exploit the work only on
common agreement. The denial for approval of one of co-authors
must be well justified.
(4) in case when contribution
of each co-author is distinct, it can be exploited
separately, with the condition that this will not
prejudice exploiting of the joint work, or the rights of
the other co-authors.
(such 5) in case of using the
work mutually created, the benefits are distributed to co-authors
in the proportions established by them. When convention
does not existsparts can not be , benefits are divided
proportionally to the parts of contribution of the
authors, or equally, if such established.
Art.6
(nature 1)It is joint work
the work where the personal contributions of the co-authors
create a whole, without being possible, considering the
of the work, to be granted a distinct right to one of the
co-authors upon the total created work.
(responsibility 2) only when
decided otherwise, the copyright upon the joint work
belongs to the physical or juridical under whose
initiative, and name, it was created.
Object of Copyright are the
original works of intellectual creation in the
literarycreation, , artistic or scientific field, no
matter of the method of the way or concrete form of
expression and independently of their value or
destination, such as:
1programs; .literary and
publicists works, conferences, sermons, pleadings,
lecturers and any other written or oral works, as well as
computer
2documentation; .scientific
works, written or oral, like: communications, studies,
university lecturers, school books, projects and
scientific
3.musical compositions, with
or without text;
4.dramatic works, musical
dramas, choreographic operas and pantomimes;
5.movies, as well as any
other audio-visual works;
6.photographic works, as well
as any other works expressed through a process similar to
photography;
7glass and .works of art like:
sculptures, paintings, graphics, engravings, lithography,
monumental arts, stage designing, tapes try, ceramics,
metal arts, as well as art works applied to the products
destined to a practical utilisation;
8.architecture works,
including the plates, models or drawings that forms
architectural projects;
9.paintings, maps and
drawings from the field of topography, geography and
science in general;
Art.8
Without prejudicing the
rights of the authors of the original works, the derived
works that have been created from one or more already
existing works, are also object of copyright, as follows:
1or .translations,
adaptations, annotates, documentary works, musical
arrangements and any other transformations of a literary,
artistic scientific work that represents an intellectual
work of creationencyclopaedias and ; 2.collections of
literary, artistic or scientific works like:
anthologiesthrough selecting or material , collections or
compilations of materials or data, protected or not,
including data bases which disposing, represents
intellectual creations.
Art.9
The following can not benefit
of legal protection for the copyright:
1would be; .ideas, theories,
concepts, discoveries and inventions, contained by a work,
whatever way of undertaken, writing or expressing
2.official texts of politic,
legal, administrative or judiciary nature and their
official translations;
3.official symbols of the
State, of public authorities and organisations, like:
seal or flag, emblem, coat of arms, badge and medal;
The author of a work has the
following moral rights:
1.the right to decide if, in
what way and when the work will be made available to the
public;
2.the right to claim the
acknowledge of the quality of author of the work
3.the right to decide under
what name the work will be communicated to the public;
4.the right to claim
respecting of the integrity of the work and to oppose to
any modification, and to any harm brought to the work, if
it prejudices the author's honour or reputation;
5.the right to take back the
work, compensating if necessary, the owners of the
exploiting rights, prejudiced by this taking back.
Art.11
1.Moral rights can not be
object of a repealing or of alienating.
2legislation, on .After
author's death, the rights provided in art.10 letter b)
and d) are transmitted through inheritance, according to
the civil unlimited period. If no inheritants exists,
this rights go to the Romanian Office for Copyrights.
Art.12
The author of a work has the
exclusive patrimonial right to decide ifincluding the ,
in what way and when the work will be used or exploited,
consent of using the work by others.
Art.13
Using or exploiting a work
gives birth to distinct and exclusive rights for the
author to authorise:
1.partial or total
reproduction of the work;
2.distribution of the work;
3.imports in view of trading
on Romanian market of work's copies done with author's
consent;
4.representing on stage,
reciting or any other public way of execution or of
direct presentation of the work;
5.public exposure of fine
arts, applied arts, photography or architecture;
6.public projections of
cinematographic works and of any other audio-visual works;
7.distributing a work through
any mean that uses in wireless transmission of signals,
sounds or images, including through satellites;
8.transmitting of an work
towards public through wire, cable, optic fibber or any
other procedure;
9.public communication
through audio and audio-visual recordings;
10station, .unaltered,
simultaneously and integrally retransmission of an work
through any mean cited at letters g) and h), by a
broadcasting different of the station of origin of the
radio or tv broadcasted work;
11.secondary broadcasting;
12.presenting in a public
place, by any means, of a radio or tv broadcasted works;
13.public access on
computerised data bases, in case when they contain or
constitutes protected works.
Art.14
By reproductioncreation of ,
in the sense of the present Law, it means creation of one
or more copies of a work, in any material form, including
any audio-visual recording of a work, as well as
permanent or temporary stocking of it, by electronic
means.
By distributiontrading, , in
the sense of the present Law, it means distribution to
the public of the original or of the copies of a work, by
renting, lending, or any other way of transmission, free
of charge or not.
It is not considered
distribution, transmitting a work to public, by lending,
free of charge, when it is done through public libraries.
Art.15
(1)Using or exploiting a work
as provided in Art.13.letters d) and e), as well as
through any other similar way, it represents public
communication.
(persons 2) it is considered
public, any communication of a work, made in a public
place, or in any other place where are gathered a number
of that exceeds the normal group of the members of a
family and its acquaintancessusceptible of , irrespective
if the members of that public, receiving such
communicationsdifferent moments., can or can not have it
in the same place or in different places in the same time,
or at
(3) Redistribution of the
copies of a work does not need anymore approval of the
right's holder, but only for its renting and import.
Art.16
The author of a work has the
exclusive patrimonial right to authorise translationother
, publication in collections, adapting, as well as any
transforming of the work, through a derived work is
obtained.
Art.17
1.The author of a literary or
artistic work benefits of the exclusive right of
authorising renting of the original and copies of the
works, including of the audioany -visual works, of audio
recorded works, of a computer program, or of a work that
can be used on a computer or other technical device, even
after their distribution according to the author's
consent.
2be .The right to authorise
renting of the work, represents the exclusive right of an
author to provide the original or copies of the work to
used for a limited period of time, in exchange of a
direct or indirect financial advantage.
Art.18
Public renting consists in
offering a persontime, , free of charge, for using, of
the original or copies of a work, for a determined period
of through an institution that allows access of the
public for this purposeof the author.. Public renting
does not require the preliminary authorise
Public renting allows the
right's holder to a fair remuneration.
Provisions of paragraph (2)
does not apply to:
1.originals or copies of
written works from the public libraries;
2.projects of architectural
structures;
3.originals or copies of
works applied to products destined to a practical
utilisation;
4.originals or copies of
works, in view to public communication, or for whom
utilisation a contract exists; 5.the works of reference
for immediate utilisation or for lending among
institutions;
6the .works created by the
author within the individual labour contract, if they are
used by the one who has employed the author, within
normal activity.
Provisions of the paragraph
recognised (2) do not apply in case of public renting
with educational or cultural purpose, through lawfully
institutions, or specially organised in this respect, by
the public authorities.
(5)Public renting of works
audio or audio-visual recorded, can not be done earlier
than 6 months from the first spreading of the work.
Art.19
The right of public
communication through audio or audio-visual recordings,
represents the exclusive right of the author to authorise
communication to public of some lectures, musical or
stage interpretations, or of other forms of fixing the
work in audio or audio-visual recordings.
Art.20
The right of secondary
distribution represents the exclusive right of the author
to authorise communication to public of the workthe ,
after first spreading, through any mean provided at Art.13
letters g), h),i), j) and l).
Art.21
In case of each resell of a
work of art through public tender or through an
intermediary agent5 5 , or by a trader, the author has
the right at from the selling price, as well as the right
to be informed regarding the location of the work.
The tendersparagraph ,
intermediary agents and traders, that participate in
trade, must communicate to the author the information
provided in (to the author of 1) of the present article,
in a period of two months from the selling date. They
will be responsible of retaining and payment the
correspondingly quote of 5 % from the selling price.
The rights provided in the
present article represents are inheritance rights and can
not be object of repealing and alienating.
Art.22
The owner or possessor of a
work is forced to allow authorexerting of 's access and
to provide it to the author, if this thing is necessary
for the rightpossessor. In this case, 's holder and on
the condition that through this will not be harmed any
legitimised interest of the owner or the owner or
possessor can claim the author a sufficient guarantee for
the security of the workthe work for an amount that ,
insurance of represents the value on market of the
original, as well as a adequate remuneration.
Art.23
The owner of the original of
a work, has no right to destroy it before offering it to
the author at the costing price of the material.
If giving back the original
is not possible, the owner will allow the author to make
a copy of the work, in an adequate manner.
In case of an architectural
structurereproductions , the author has only the right to
make photographs of the work and to ask for sending the
of the projects.
Copyright upon a literaryform
of , artistic or scientific work is born in the moment of
the work's creation, irrespective of the way or concrete
expression.
If the work is created in a
period of time in partsbe , instalments, volumes and any
other forms of continuation, the term of protection will
calculated, according to paragraph (1), for each of this
components.
Art.25
Patrimonial rights provided
in Arttransmitted by .13,16,17,18 and 21 last all the
period of the author's life, and after author's death,
they are inheritancelawfully made available to ,
according to the civil legislation, for a period of 70
years, irrespective of the date when the work was the
publicmandated by the author during his . If no
inheritors exist, the exert of this rights are
transferred to the body of joint administration
lifenumber of members from the respective , or when such
mandate does not exists, to the body of joint
administration that has the largest field of creation.
The person thatnot been ,
after repealing of copyright for the author, lawfully
makes available to the public, for the first time, a work
that has communicated to the public before, benefits of
the protection equivalent to the one of the patrimonial
rights of the author.
Duration of the protection of
this rights is of first time.25 years beginning from the
moment it was lawfully made available to the public for
the
Art. 26
Duration of the patrimonial
rights upon the works communicated to the public in a
anonymous or pseudonymous wayfrom the , is of 70 years
date of their communication to the public.
When the identity of the
author is communicated to the public before expiring of
the term provided at paragraph Art.25 (1), provisions of
paragraph (1) are applied.
Art.27
Duration of the patrimonial
rights upon the works created in joint authorship, is of
70 years from the death of the last co-author.
In case when the codeath of -authors
contributions are identifiable, duration of the
patrimonial rights for each of these, is of 70 years from
the each co-author.
Art.28
Duration of the patrimonial
rights upon the joint works is of this is 70 years from
the date of their communication to the public. In case
that not done in a period of creation of 70 years from
creation of the works, duration of patrimonial rights
expires after passing 70 years from the works.
Art.29
Duration of the patrimonial
rights upon the work of applied arts is of 25 years from
the date of their creation.
Art.30
Patrimonial rights upon the
computer programs lasts during the whole author's life,
and after his death, they are transmitted through
inheritance, according to the civil legislation, for a
period of 50 years.
Art.31
Insignificant
modificationscorrecting the , changes, adding, cuttings
or adaptations brought in view of selection or
arrangement, as well as content of a work or
collectionthe author of the work, , that are needed for
the collection's continuation of the activity in the way
intended by will not extend the protection term of this
work or collection.
Art.32
The terms established in the
present Chapter are calculated from the date of January
when 1, of the year following the death of the author or,
the case, the communication to the public.
There are permittedmade ,
without author's consent and without paying any
remuneration, the following utilisation of a work,
previously available to the publicexploiting of the work
, on the condition that they will be according to the
good practices, not to run counter to normal and not to
prejudice the author or the exploiting right's holders:
1.reproduction of a work
within the judiciary or administrative procedures, in the
sense justified by their aimed purpose;
2justifies .utilizing short
quotations from a work, in order to analyse, comment or
criticise, or for offering an example, as long as their
utilise the length of the quotation;
3recordings, .utilizing
isolated articles or short excerpts from works in
publications, radio or television shows, or in audio or
audio-visual exclusively destined for educationshort
excerpts from , as well as public educational
institutions or social protection, of isolated articles
or works, in the sense justified by the aimed purpose;
4archives of .reproduction
for informing and research, of short excerpts from works,
within the libraries, museums, film libraries, phonotecs,
public cultural or scientific institutionspermitted for
its , that function without having a lucrative goal;
total reproduction of a work is replacementrespective
library or , in case of destroying, of serious damaging,
or of losing the only copy of the permanent collection of
the archiveof short press excerpts and ; 5.reproduction,
distribution or communication to the public, in order to
inform about the actual problems, radio or television
shows;
6similar .reproduction,
distribution or communication to the public in short
fragments of conferences, lecturers, pleadings and any
other worksabout actuality; , that have been expressed
orally in public, on the condition that this utilizations
to have the only purpose of informing
7the sense .reproduction,
distribution or communication to the public of the works
within the information regarding actual events, but only
in justified by the aim of the informationdistribution or
; 8.reproduction, excluding any means that come in direct
contact with the work, communicating to the public of the
image of an architecture workpermanently located in ,
work of art, photographic work or applied work, public
placesdistribution or communication and , excepting the
cases when the image of the work is the main subject of
such a reproduction, if it is utilised in commercial
purposes;
9that both .representing and
creating a work within the activities of the education
institutions, exclusively for specific aims, and on
condition representing and creating, as well as public
access to be free of charge.
In cases provided at
paragraphs bin ),c),e),f) and h), the source and authors'
name must be mentioned, if it appears on the used work,
and case of work of painting or architecture arts, also
the place where the original is.
Art.34
It is not a violation of
authorspersonal ' copyright, in the sense of the present
Law, reproduction of a work without authors' consent, for
utilisationpublic , and the , or for a normal circle of a
family, on the condition that the work to have previously
been made available to the reproduction not to be against
normal exploiting of the work and not to prejudice the
author or the exploiting rightholder.'s
For supports on which audio
and audiothe -visual recordings can be made, as well as
for apparatus that can allow their reproduction, in
situation provided in paragraph (1), it will be paid a
remuneration established according to the provisions of
the present Law.
Art.35
Transforming of a work,
without the authors' consent and without paying a
remuneration, is allowed only in the following cases:
1.if it is a private
transformation, that is not destined and is not made
available to the public;
2original .if the result of
the transformation is a parody, or a comics, on the
condition that the result will not create confusion
regarding the work and its author;
3.if the transformation is
imposed by the aim of the utilisation allowed by the
author;
Art.36
Works presented in
exhibitions accessible to publicdistributed in , tenders,
fairs or collections can be reproduced in catalogues
issued and this respect, by the organisers of such
activities.
In cases mentioned in
paragraph utilised (1) it must be mentioned the source
and the fatherhood of the work, if they are mentioned on
the work.
Art.37
In order to test the
functioning of the products in the fabrication and
selling momentor , commercial companies that produce or
sell audio audiotelevision -visual recordings, equipment
for their reproduction or public communication, as well
as the equipment for receiving radio or
broadcastingdimensions , can reproduce and present
excerpts form works, on the condition that such
operations will be reduced at the necessary for testing.
Art.38
Authorisation for
transmitting of a work by wireless means includes also
the authorisation for transmitting that work by wireany ,
cable, or other similar waysimultaneous and , without
paying a separate remuneration, on the condition that the
transmission will be made unaltered, integrally by the
original emitting bodygranted., and not to exceed
geographical area for which the emission right was
Provisions of paragraph (1)
of the present article does not apply in case of digital
transmission, by any means, of a work.
Ceding the right of
communicating to the public by radio or television of a
workwork for , gives the right to the emitting body to
record the the needs of its own wireless emissionsof a
new , in order to realise, only once of the authorised
communication to the public. In case emission of the work
such recordedauthorisation is not , a new authorising is
needed. If in a period of 6 months from the first
emission this requested, the recording must be destroyed.
CHAPTER VII Cession of the
patrimonial authors' copyrights
Section I Common
Provisions
Art.39
Author or owner of copyright
can yield by contract to other persons only his
patrimonial rights
The cession of the
patrimonial rights of the author can be limited only to
some rights, for a certain territory and for a certain
duration.
Patrimonial rights of the
author or of the owner of copyright can be transmitted by
exclusive or non-exclusive cession.
In case of exclusive cession
the owner of copyright himself can not anymore use the
work in the waysestablished , terms and for the territory
with the transferorcession has to be on , and also can
not transfer the respective right to another person. The
exclusive character of the purpose provided in the
contract.
In case of the nonother -exclusive
cession, the owner of the copyright can use himself the
work and can transmit the non- exclusive right to persons.
The non-exclusive transferrer
can not yield his right to another person, but only with
special consent of the yielder.
The cession of one of the
patrimonial rights of the owner of copyright, has no
effect upon his other rights, unless agreed otherwise.
The consent mentioned at
paragraph the (6) is not necessary in case when the
transferor, juridical person, is transformed through one
of ways provided by the law.
Art.40
In case of cession, the right
of reproduction of a work is presumed that the right for
distributing copies of such work, was also ceded,
excepting the right to import, unless otherwise provided
in the contract.
Art.41
Cession contract of the
patrimonial rights must provide the transmitted
patrimonial rightscession, as , ways of exploiting,
duration and size of well as the payment of the owner of
the copyrightfor repealing of the . The absence of any of
this provisions, allows the interested part to ask
contract.
The cession of the
patrimonial rights regarding the whole future works of
the authorrepealing., nominated or not, is considered
absolute
Art.42
Existence and content of the
cession contract of the patrimonial rights can be proved
only with its written formcontracts . Exception are
having as object works utilised in press.
Art.43
The payment set up based on a
cession contract of patrimonial rights is established by
parts' agreement. The amount of payment is established
either proportionally with the incomes from exploiting
the work, or in fixed amount or any other way.
When payment was not
established by contract, the author can lawfully apply to
the juridical competent bodies, for establishing the
paymentexploiting, . This will be done considering the
amounts usually paid for the same category of works,
destination and duration of the as well as other
circumstances of the case.
In case of an obvious
disproportion between the payment of the work's author
and the benefits of the one that got the cession of the
patrimonial rights, the author can ask to juridical
competent bodies, reviewing contract or the proper
increasing of the payment.
The author can not renounce
in advance at exerting the right provided at paragraph (3).
Art.44
In the absence of a contrary
contractual clausethe , for the works created within an
individual labour contract, patrimonial rights belong to
author of the created workceded. In the . If such clause
exists, it will comprise the term for which the
patrimonial authors' copyright have been absence of a
specified term, it is of 3 years from the date of
delivering the work.
When expiring the term
mentioned at paragraph (1), the patrimonial rights come
back to the author.
The author of a work created
exclusively within an individual labour contract
maintains his exclusive right of using the workhis , as
part of creation.
Art.45
Unless contrary decidedany ,
the owner of the copyright upon a work published into a
periodically issue, maintains the right to use under form,
on the condition not to bring prejudice the issue where
the work was published.
Unless contrary decidedthe ,
the owner of the copyright can freely benefit of the work,
if this was not published in term of a month from
acceptance date, in case of a daily publication, or in
term of 6 months for the other publications.
Art.46
Contract of order of a future
work will have to contain both delivery term and the
works' acceptance term by the utilises.
The person that orders the
work has the right to repeal the contractcontract , if
the work does not fulfil the established conditions. In
case of repealingpreparing works , the amounts received
by the author remain at the author. If, in order to
create a work as object of an order contract, have been
executed, the author has the right to be paid back the
expenses done.
Art.47
The author can ask for
repealing the cession contract of the patrimonial right
in case the transmitter does not exploit it, or exploits
it inefficiently and by this the rightfully interests of
the author are considerably affected.
The author can not ask for
cession contract repealingof a , if the reasons of
efficient or inefficient exploiting is due to own fault,
the action third party, or force major.
Abolishing the cession
contractpatrimonial , mentioned at paragraph (1), can not
be asked before expiring of 2 years from the date of a
works' right cessionpublications, one year.. In case of
the works yielded to daily publications, this term will
be of 3 months, and for periodical
The owner of the original of
a work of art or photograph has the right to expose it to
the publicexcluded , excepting the case when the author
deliberately this right by the document of alienating the
original.
The author can not
anticipatory yield exerting the right of asking
abolishment of the cession contract mentioned in
paragraph (1).
Obtaining the ownership of a
material support of a work, does not awards by this a
right of exploiting the work.
By contract of
publishingreproducing and , the owner of the authors'
copyright, yields to the publisher in exchange of payment
the right of distributing the work.
It is not a contract of
publishing the convention through which the owner of the
authorspublisher ' copyright empowers on own expenses, a
to reproduce and eventually distribute the work.
In the situation provided in
paragraph (2), provisions of common law referring to the
enterprising contract will be applied.
Art.49
The owner of the authors'
copyright can yield to publisher the right to authorise
the works' translation and adapting.
Art.50
Cession towards the editor of
the right to authorise other persons to adapt the work or
to use it in any other waydistinct , must be object of a
contract.
Art.51
The contract of publishing
must comprise clauses regarding:
1.duration of the cession;
2.exclusive or non-exclusive
nature and territorial outlay of the cession;
3.maximum and minimum number
of the copies;
4.payment of the author,
established in the conditions of the present law;
5.number of copies reserved
free of charge for the author;
6.issuing and distributing
terms for each edition, or when the case, of each copy
circulation;
7.term of giving back the
original of the work to the author;
8.control procedure for the
number of copies produced by the publisher.
The absence of any of the
clauses provided in paragraphs arepealing.), b) and d)
gives the right to the interested part to ask for
contracts'
Art.52
The publisher that got the
right of publishing the work as a volumeto , has, towards
other similar offers at equal price, the priority right
publish the work in electronic formauthor.. The publisher
must choose in written, in 30 days the most from
receiving the written offer of the
The right mentioned in
paragraph (1) is valid for 3 years from the date of
publication of the work.
Art.53
The publisher is forced to
allow the author to improve or modify the work in case of
a new editionimprovements or , on the condition that this
changes will not change the character of the work, if in
the contract is not provided otherwise.
Art.54
The publisher will be able to
yield the publishing contract only having the authors'
consent.
Art.55
The publisher is forced to
give back the author the original of the workdocuments ,
originals of the works of art, illustrations and any
other received for publication, when not established
otherwise.
Art.56
When not contrary
agreededition., the publishing contract will stop after
expiring the duration established, or after out of print
the last agreed
There are considered out of
print the edition or copy circulation whose number of
unsold copies is less copies 5% from the total number of
and in any case if it is lower than 100 copies.
If the publisher does not
publish the work in the agreed periodthe , the author can
ask, according to the common law, for abolishment of
contract and compensation for nonthe payment -execution.
In this case, the author keeps the received payment, or
when the case, can ask for of the whole amount provided
in the contract.
If the term for publishing
the work is not provided in the contractfrom the , the
publisher is forced to publish it in a period of 1 year
the most, date of accepting it.
In case the publisher intends
to destroy the stock copies of the workcontract , after a
period of 2 years from the publication date, and if in
the is not provided another periodselling for destroying.,
the publisher is forced to first offer them to the author
at the price possibly obtained by
Art.57
In case of force major for
destroying the work, the author is entitled for a payment
that will be paid only if the work was published.
If a prepared edition is
totally destroyed due to force majorand the , before its
distribution, the publisher is entitled to prepare a new
edition, author will have the right of being paid for
only one of this editions.
If a prepared edition is
partially destroyed due to force majorpaying the , before
its distribution, the publisher is entitled to reproduce,
without author, only the number of the destroyed copies.
Section III The contract of
theatre show and musical performance
Art. 58.
Through a contract of theatre
show or musical performanceright to , the owner of the
copyright gives up, to a physical or legal person, the
publicly perform an actual or future workpayment, and the
, literature, drama, music, musical drama, choreography
or pantomime, against recipient engage himself to present
or perform it in agreed conditions.
Art. 59.
The contract for theatre show
or musical performance is concluded in written formpublic
, for a determined time or for a determined number of
performances.
The contract must include the
date of the premiere or the sole performance of the
worknon-exclusive , according to the case, the exclusive
or character of the transfer, the area, and also the
payment of the author.
Discontinuing performance
within right to 2 consecutive years, if another time
interval was not provided by contract, gives to the
author the claim contract cancelling and damage for non-
performance, according to common law.
The beneficiary of a contract
for theatre show or musical performance cannot transfer
it to a third partprior , an show organiser, without
consent of the author or his representative, except in
the case of simultaneous transfer of this activity, total
or partial.
Art. 60
The recipient is obligated to
allow the author to control the show or performance of
the work and to sustain adequately the technical
conditions for proper performance of the workmaterials, .
Also the recipient must send to the author the program,
posters and other printed public reviews of the show, if
not otherwise specified in the contract.
The recipient is obligated to
ensure public work presentation or performance in
adequate technical conditions and the observance of
author's rights.
Art. 61
The recipient is obligated to
periodically inform the owner of the copyright on the
number of shows or musical performanceson , and also
income situationno less than . In this respect, the
contract for theatre show or musical performance must
provide the information interval, but once in year.
The recipient must pay the
author, at the dates provided in contract, the due and
agreed amounts.
Art. 62
If the recipient does not
present or does not perform the work within agreed
timethe , the author can claim, according to the common
law, cancelling of the contract and damage for nonto the
-execution. In this situation, the author preserves the
received payment or, according case, can request the
whole payment provided by the contract.
By the work rental
contractoriginal or , the author commits himself to allow
the use, within determined time, of at least one copy of
his work, in duplicate formright commits himself ,
especially computer software or works fixed in sound or
audio-visual records. The recipient of the rental to pay
remuneration to the author within the period of using
that copy of the work.
The author preserves
copyright on the rented work, with the exception of
distribution rights, if not otherwise agreed.
The work rental contract is
subject to provisions of the common law of rental
contracts.
CHAPTER VIII Motion picture
works and other audio-visual works
Art. 64
The audio-visual work is the
motion picture work or the work expressed through a
process similar to motion picture that uses image or
combination of sound with image.
Art. 65
The director or the maker of
the audiowork, in -visual work is the physical person who
assumes the creation and making of the audio-visual the
capacity of main author.
The producer of an audiothis
-visual work is the physical or legal person who assumes
the responsibility of producing the work and, in capacity,
organises the production of the work and sup plies the
necessary technical and financial means.
Art. 66
According to conditions
provided in Artauthor of . 5 of the present law, the
authors of the audio-visual work are the director or
maker, the adaptationaudio-visual work and , the author
of the screen play, the author of the dialogue, the
author of the music specially created for the the
graphics author for animation works or animation
sequences the work. Within the contract , when these
represent an important part of between the producer and
the director or maker of the workof the audio-visual work,
other , the parts may agree to include, as authors
creators who substantially contributed to its creation.
Art. 67
In case of one of the authors
described in the above article refusing to accomplish his
contribution to the audiounable to do -visual work or is
itfor his contribution., he cannot oppose to the use of
it for accomplishing the audio-visual work. This author
will be entitled to remuneration
The audioproducer.-visual
work is considered finished, when the definitive version
was jointly agreed between the main author and the
It is forbidden to destroy
the original support of the definitive version of the
audio-visual work in its standard copy form.
The authors of the audiousage
of the -visual work, others than the main author, cannot
oppose to the public performance, and also any other
definitive version.
Art. 68
The right to audioan -visual
adaptation is the exclusive right of the copyright owner
of a pre-existent work to transform it or include it in
audio-visual work.
The transfer of the right
provided in paragraph (1) can be made only based on a
written contract between the copyright owner and the
producer of the audio-visual work, distinctly from the
contract of work edition.
By conclusion of the
adaptation contract, the copyright owner of a pre-existent
work transfers to a producer the exclusive right of
transformation and inclusion of the said work in an audio-visual
work.
The authorisation given by
the copyright owner of a preand - existent work must
expressly provide the terms of production, distribution
projection of the audio-visual work.
Art. 69
The moral rights on the
finished work are recognised only for the authors
provided in art. 66 of the present law.
Art. 70
By contracts concluded
between the authors of the audioassumed that -visual work
and the producer, in absence of contrary agreement, it is
thoseuse of the work in its , with the exception of the
authors of specially created music, transfer to the
producer the exclusive rights on the wholedubbing and
subtitling, , provided by art. 13 letter a), b), c), f),
g), h), i), j), k) and l), art. 16, art. 17 and art. 18,
and also the right to against rightful remuneration.
In absence of contrary
agreementtheir , the authors of the audio visual work,
and also other authors of contributions, keep all rights
to use own contributions, according to provisions of the
present law.
Art. 71
In absence of contrary
agreementincomes , the remuneration for each mode of
usage of the audio-visual work is proportional to the
brut resulting from the usage.
The producer is obligated to
remit to the authorsThe , periodically, a situation of
the cashed incomes according to each mode of usage.
authors will receive entitled remuneration either from
the producermanagement , either directly from the users,
either from the collective bodies of copyright, based on
the general contracts concluded by these bodies with the
users.
If the producer does not
finalise the audiowork -visual work within 5 years from
contract conclusion or is not distributing the audio-visual
within one year from its finalising, the co- authors can
request
cancelling of the contract,
if not otherwise agreed.
By the present law,
protection of computer software includes any expression
of a program, application program and operating system,
expressed in any language, either source code or object
code, the preliminary conceiving materials, and also the
manuals.
The ideasthose at ,
procedures, methods, mathematical concepts and principles
underpinning any element of a computer program, including
the foundation of its interfaces, are not protected.
Art. 73
The author of a computer
program is accordingly beneficiary of all rights provided
by the present lawespecially , in part I of the present
title, of the right to make and authorise:
1duplication .permanently or
temporarily duplicate a program, wholly or partially, by
any means and under any form, including the case of
determined by loading, displaying, transmission or
storage of the computer program;
2.translation, adaptation,
arranging and any other transformation of a computer
program, and also reproduction of the results of those
operations, without prejudice to the rights of the person
who transforms the computer program;
3.distribution of the
computer program, original or copies, in any form,
including renting.
Art. 74
In absence of contrary
agreementaccomplishing , the patrimonial copyrights for
computer programs, created by one or more employees when
duties or following instructions of the employer, are
owned by the employer.
Art. 75
In absence of contrary
agreement, by contract for usage of a computer program it
is assumed that:
1.the user is granted the non-exclusive
right to use the computer program;
2.the user cannot transmit to
another person the right to use the computer program;
Transferring the right to use
a computer program does not imply the transfer of its
copyright.
Art. 76
In absence of contrary
agreementowner, if , the actions provided by art. 73
letter a) and b) are not subject to authorisation by the
copyright those actions are necessary to allow the
recipient the use of the computer program in accordance
to its destinationcorrection of , including errors.
Art. 77
The authorised user of a
computer program can make a duplicate, without author
permission, for archive or safety, as long as this is
necessary to grant use of the program.
The authorised user of a copy
of a computer program can, without authorisation of the
copyright owner, observe, study or test the functioning
of this programloading into , in order to determine the
ideas and principles founding any of its elements, on the
occasion of any memory, displaying, conversion,
transmission or storage
operation of this program, operations that he is entitled
to carry on.
Provisions of art. 10 letter
e) from the present law are not applicable to computer
programs.
Art. 78
The authorisation of the
copyright owner is mandatory when reproduction of the
code or translation of this code is essential to obtain
information required by interoperability of a computer
program with other computer programs, if following
conditions are met:
1who .the actions of
reproduction and translation are performed by a person
holding the right to use a copy of the program or by a
person performs these action in the name of the holder,
being authorised to this purpose;
2article; .the information
required for interoperability are not easy and rapidly
available to the persons provided by letter a) of the
present
3.the actions provided by
letter a) of the present article are limited to the parts
of program required for interoperability.
Art. 79
The information obtained by
applying art. 78:
1.cannot be used with other
purpose than obtaining interoperability of the computer
program, independently created;
2the .cannot be communicated
to other persons, except the case when communication
proves to be necessary to the interoperability of
computer program, independently created;
3action .cannot be used for
finishing, producing or selling a computer program, of
which expression is fundamentally similar, or for any
other that harms the rights of the author.
Art. 80
The provisions of artprogram..
78 and 79 are not applied, if damage is caused to the
copyright owner or to the normal use of the computer
Art. 81
The provisions of chapter VI
of the present title are not applied to computer programs.
CHAPTER X Works of plastic arts,
architecture and photography
Art. 82
The physical or legal person
organising art exhibitions is responsible for the
integrity of the works exhibitedavoid any , taking all
measures to risk.
Art. 83
The contract for reproduction
of a work of art must contain directions allowing work
identificationsketch, a , such as a brief description, a
drawing, a photograph, and also reference to author's
signature.
The reproductions cannot be
sold without the copyright owner approval for the copy
submitted for examination.
On all copies, the name or
pseudonym of the author must be present or any other
agreed sign which allows his identification.
The instruments especially
created for work reproduction must be destroyed or made
unusablethem or , if the copyright owner does not buy not
otherwise agreed.
Art. 84
The studies and projects of
architecture and urbanisation exposed near the
architectural work siteaccording to , and also the
building made these, must carry, in a visible place, the
name of the author, if not otherwise agreed by contract.
Building of an architectural
workcopyright , wholly or partially based on another
project, cannot be carried except with the agreement of
the owner of this project.
Art. 85
The photograms of a motion
picture film are considered photographic work.
Photographs of
letterscopyright., papers, documents of any kind,
technical drawings and other similar, cannot benefit from
legal protection of
Art. 86
The right of the author of a
photographic work to use his own work must not harm the
rights of the author of the work of art reproduced in the
photographic work.
The patrimonial rights on a
photographic workfor a , being created while carrying an
individual contract or on order, are assumed to belong,
period of 3 years, to the employer or the ordering person,
if not otherwise stated in the contract.
Alienation of the negative of
a photographic work leads to transmission of the
patrimonial rights of its copyright ownerotherwise , if
not stated by contract.
Art. 87
The photograph of a
personsuccessors, , when taken on order, can be published,
reproduced by the person subject of the photo graph or
his without approval of the author, if not otherwise
agreed.
If the name author is shown
on the original photograph it must be mentioned also on
the reproduction.
CHAPTER XI Protection of
portrait, of mailing addressee and secret of information
source
Art. 88
Distribution of a work
containing a portrait requires authorisation from the
person represented in this
portraitthe . The author, the
owner or the holder of the work does not have the right
to reproduce it or to publicly communicate it without
consent of the represented person or his successors,
within 20 years after his death.
In absence of contrary
agreementhas , the authorisation is not required if the
person represented in the portrait is model by profession
or received remuneration for posing.
Authorisation is not required
for distribution of a work containing the portrait:
1.of a generally known person,
if the portrait was taken on the occasion of his public
activities.
2.of a person whose
representation is only a detail of a work presenting a
gathering, a landscape or a public event.
Art. 89
The distribution of mailing
addressed to a person re quires authorisation of the
addressee, and after his death, within 20 years, of his
successors, if the addressee did not express another wish.
Art. 90
The person represented in a
portrait and the addressee of mailing can make use of the
right provided in artlaw, in . 10 letter d) of the
present what concerns the distribution of the work
containing the portrait or the mailing, according to the
case.
Art. 91
The editor or the
producerpublish , at author's request, is obligated to
keep secret the information sources used within the work
and not to documents referring to these.
Revealing the secret is
allowed by consent of the entrusting person or by
definitive and irrevocable court verdict.
The copyright-related rights
do not affect the authors' copyright. No disposition of
this title should be
interpreted as a limitation
of the authors' copyright.
The patrimonial rights
recognised in this section can be entirely or partially
cededbe the , in keeping with the common law. These
rights can object of an exclusive or non-exclusive
transfer.
Art. 93
Under this law fixing means
recording codeswhich , images or sounds and images on any
kind of material support, even on an electronic one,
allows their receiving, reproduction or communication.
Art. 94
Copyright owners are
recognised and protected. The authors are artists or
performers, producers of sound recordings for their own
recordings and radio and television stations for their
own broadcasts.
Under this lawperform, ,
artists and performers mean actors, singers, musicians,
dancers and other persons who sing, dance, recite, play,
conduct, direct or does any other literary or artistic
activity, shows, including folk, entertainment, circus or
puppet shows.
Art. 96
The artists or performers
have the following moral rights:
1.the right to ask for the
recognition of the copyright for their own performance;
2.the right to request that
their names or pseudonyms are indicated or told at each
show or whenever their recordings are played;
3substantial .the right to
request that the quality of his/her performance are
observed and to oppose any deformation, forgery or any
other modification of their performance which would
seriously affect their reputation;
4.the right to oppose to any
use of their work if they are seriously affected by such
an use;
Art. 97
The rights provided in art.
96 are not subject to any renunciation or transfer.
(according to 2) After the
death of the performing artist or performer, the rights
stated by art. 96 are inherited for an indefinite period
of time, legal provisions.
Art. 98
The artists or performer has
the exclusive patrimonial right to authorise the
following:
1.the recording of the
performance;
2.the reproduction of the
performance;
34.presenting .the release of
the corresponding recording by sale, rent, loan or by any
other way of transmitting, onerously or free of charge;
in a public place or communicating to the public the
performance, fixed or not fixed on a material support;
5.adapting the recorded
performance;
6by .broadcasting or
transmitting the performance, fixed or not fixed on a
material support, the retransmission by wireless or wire
means, cable, satellite or by any other similar means.
Art. 99
The artists and performers
participating collectively in the same performancegroup
or , such as the members of a band, choir, orchestra,
ballet theatre group, must designate their representative
for getting authorisation provided in art. 98.
The representative is
appointed in written form, with the consent of the
majority of the members of the group.
The director, the conductor
and the soloist are exempted from the provisions of the
previous paragraphs.
Art. 100
In case of a performance by
an artist as part of an individual labour
contractprovided it is , the copyright stated in art. 98
can be transmitted, stipulated as such in the individual
labour contract.
Art. 101
In absence of contrary
agreementsupposed to , the artist or the performer
participating in carrying out an audio-visual or a sound
recording is cede to the producer the exclusive right to
use this work by fixingpublic. For the , reproduction,
broadcasting or communication to the communication to the
publicproducer., the artist or the performer are entitled
to receive 50% of the amounts cashed by the
The provisions of art. 43, 44
and 68 paragraph (1) also apply to performing artists or
performers.
Art. 102
Copyright lasts for 50 years
starting with January the first of the year following the
one of the first recording, or when absent, the first
communication to the public.
CHAPTER III Copyright for
authors of sound recordings
Art. 103
Under this lawwork, or , a
sound recording or phonogram means any sound recording of
sounds resulting from the performance of an artistic any
other sounds or the digital representation of these
sounds by any means, and the tape used for the recording.
The producer of sound
recordings is a physical or legal person who assumes the
responsibility of organising and financing the first
recording of the sounds, being or not a work in the sense
of the present law.
Art. 104
As far as the reproduction
and release of sound recordings are concerned, the
producer is entitled to write on the recording material,
including covers, boxes or any other packaging, the title
of the work and the producing date, the name of the
producer, apart from the mentions related to the author
and the performer.
Art. 105
The producer of sound
recordings has the exclusive patrimonial right to
authorise the following:
1.the reproduction of his own
sound recordings;
2transmitting .the release of
his own sound recordings by sale, rent, loan or any other
means onerously or free of charge; 3.broadcasting or by
radio or television the authorby any other similar 's own
sound recordings, the retransmission by wire and wireless
means, by satellite or means as well as by any other
means of communication to the public;
4.presenting his own sound
recordings in a public place;
5.adapting his own sound
recordings;
6.import, to Romanian
territory, legal copies of his own sound recordings.
Alsorecordings made , the
producer of sound recordings has the exclusive
patrimonial right to prevent the import of copies of his
own sound without his consent.
The rights provided in
paragraph the (1) and (2) are transferred by exclusive or
non-exclusive cession under the conditions provided for
author's copyright in art. 42 and 43.
The provisions of paragraph (1)
letter f) does not apply when the import is carried out
by a physical person, without trading purposes.
Art. 106
Copyright lasts for 50 years
starting with January the first of the year following the
one when the first recording was made.
If the sound recording is
made public during this period, the copyright expires
after 50 years since it was made public.
CHAPTER IV Common dispositions
for authors, performing artists or performers and the
producers of sound and audio-visual recordings
Art. 107
The authors of sound
recordings or audiorespective -visual recordings are
entitled together with the publishers and the producers
of the works and with the performing artists or
performersconditions of art. 34 , to a compensatory
remuneration for the private copy made under the
paragraph (2) of the present law.
The fee provided in paragraph
the (1) will be paid by the manufacturers or importers of
devices for the reproduction of recordings or by
manufacturers or importers of devices that allow their
reproductionput in . The payment will be made when the
respective devices are circulation and will account for
the value 5% of the sale price of those devices and
materials manufactured in Romania, respectively, 5% of
provided by the customs documents for the imported
devices and materials.
The amount provided in
paragraph authors, (1) is distributed by the bodies in
charge of the collective management of copyright, among
performing artists, performers, publishers and producers,
as follows:
1distributed, in .for sound
recordings, 40% of the amount is given, in negotiable
parts, to authors and publishers and the remaining 60% is
equal sharesother hand. , to performing artists and
performers, on the one hand, and to producers of sound
recordings, on the
2.for audio-visual recordings,
the fee is distributed in equal shares among authors,
artists or performers and producers.
The amounts owed in keeping
with paragraph Copyright (1) will be collected by a
single management body appointed by the Romanian Office.
The procedure for
distributing these amounts among beneficiaries will be
established through a protocol negotiated by the parties.
The collective management
bodies collecting the amounts owed in keeping with
paragraph (1) are entitled to request information from
manufacturers and importers on the situation of sales and
of the imports of materials and devices, respectively,
and to control if the information is correct.
The right provided in
paragraph (1) cannot make the object of renunciation on
behalf of the authors and artists or performers.
Art. 108
The fee provided in art. 107
is not paid if the unrecorded audio or video supports,
manufactured in Romania or imported, are subject of
wholesale to producers of sound and audio visual
recordings or to radio and television bodies for their
own broadcast.
Art. 109
The authors and publishers of
works fixed on a graphic or digital support are entitled
to a compensatory remuneration for the private copy made
in the conditions of art. 34 of the present law.
The fee provided in paragraph
fixed on a (1) will be paid by the manufacturers or
importers of devices that allow the reproduction of the
works graphic or digital support5% of the sale . The
payment will be made when these devices are put in
circulation in Romania and will represent price of the
devices made in Romaniaimported devices., respectively 5%
of the value provided by the customs documents for the
The fee provided in paragraph
and (1) is distributed through collective copyright
management bodies, in equal shares, between the author
the publisher.
The amounts owed in keeping
with paragraph (1) are collected by a single collective
management body, designated by the Romanian Copyright
Officeprotocol . The procedure of distributing these
amounts between beneficiaries will be established through
a negotiated between the parties.
Art. 110
The dispositions of artperson
. 107 and 109 do not apply to the import of materials and
devices meant for reproduction, made by a physical
without trading purposes.
Art. 111
The distribution of copies of
an artistic work or of a sound recording subsequently to
their first distribution no longer requires the
authorisation of the owner of related rights, except for
renting and for import.
Art. 112
The dispositions of
artrecordings.. 33 and 38 are applied, by analogy, to
performing artists or performers and to the producers of
sound
Section I Rights of radio
and television companies
Art. 113
The radio and television
companies have the exclusive patrimonial right to
authorise the followingauthorised , with the obligation
of the person to mention the name of the company:
a) the recording of their own
radio or television programs;
b) the reproduction of their
own radio or television programs, fixed on any kind of
support;
ctransmission, ) distribution
of their own radio or television program fixed on any
kind of support, by sale, rent, loan or any other way of
onerously or free of charge;
das well ) retransmission of
their own radio or television programs by wireless or
wire means, by cable, satellite or by any other similar
means, as by any other way of communicating them to the
public;
e) communicating its own
radio or television programs in a place accessible to the
public, against entrance fee;
f) adapting its own radio or
television programs fixed on any kind of support;
g) the import on the
territory of Romania of any legal copy of its own radio
or television program, fixed on any kind of sup port.
Alsoown radio , the radio and
television companies have the exclusive patrimonial right
to prevent the import of unauthorised copies of their and
television programs, fixed on any kind of support.
The rights provided by
paragraph author's (1) and (2) are transmitted by
exclusive or non-exclusive cession in the conditions
provided for the copyright in art. 41 and 43.
The dispositions of paragraph
(1) letter f) do not apply when the import is carried out
by a physical person without trade purpose.
Art. 114
Copyright lasts for radio or
50 years starting with January the first of the year
following the one when first broadcast or transmission of
the television program has occurred.
Art. 115
Any subsequent distribution
of a radio or television program, fixed on any kind of
support, does not require the authorisation of the
copyright owner, except for renting.
Art. 116
The dispositions of art. 33,
34 and 38 are also ap plied, by analogy, to radio and
television companies.
The radio and television
companies whose object of activity is public
communication of programs through satellite must carry
out activities observing copyright and related rights
protected by the present law.
In the sense of the present
lawresponsibility , through public communication by
satellite it is understand introducing, under the control
and of a radio or television company based in
Romaniacommunication link , of signals carrying programs
destined to public receiving, within a which leads to the
satellite and then re turns to the earth.
Art. 118
In the case of coded signals
carrying programsthe , their introduction in the
communication chain is considered public communication if
receiving decoder is made available to the public by the
respective company or with its consent.
The responsibility of public
communicationfollows:, in case of signals transmitted by
a company outside Romanian territory, is assured as
1person .if the signals are
transmitted to the satellite through a unlink station
situated on Romanian territory, the responsibility lays
with the operating the station;
2.if no satellite unlink
station is used but the public communication was
authorised by a company based on Romanian territory, the
responsibility lays with the authorising company.
Art. 119
Copyright owners can cede
their rights for transmission by satellite only through a
contract concluded individually or through a collective
management body.
The provisions of the frame
contract concluded between a collective management body
and a radio or television company for transmitting a work
also apply to the copyright owners who are not
represented by the collective management
bodiestransmission by satellite takes , if the place
simultaneously with the terrestrial transmission made by
the same broadcasterowner who is not represented can, at
. The copy right any moment, discard the effects of the
frame contract by an individual contract.
The provisions of paragraph (2)
do not apply to audio-visual works.
In the sense of the present
lawunchanged , by public communication made through
retransmission by cable it is understand a simultaneous,
and integral retransmissionpublic broadcast, by , by
cable or by a ultra-short wave system, for public
receiving, of an initial radio or television wire or
wireless.
Art. 121
The owners of copyright or of
related rights can exercise their rights for authorising
or forbidding the retransmission by cable based on
contracts through a collective management body.
If the copyright owners did
not entrust the management of their rights to a
collective management bodyrights , the body which manages
the from the same category is considered to be rightful
manager of owner rightsfor the same . If there are
several collective management bodies fieldretransmission
by cable., the copyright owner can choose one of them.
Copyright owners can claim their rights within 3 years
from the
A radio or television company
exercises its rights of re transmitting by cable its own
programs through contracts concluded with cable
distributors.
A radio or television company
is allowed to retransmit only its own programs by
cableand , without the consent of the copyright owner
without paying any feeby cable, . This also applies to
those radio or television companies whose programs are
compulsory retransmitted according to regulations in
force.
Art. 122
If the parties do not reach
an agreement for concluding a contract for retransmission
by cabledesignated , they can appeal to arbitrators
according to the provisions of the Civil Procedure Code.
Title III Management and
protection of author's copyright and other related rights
CHAPTER I Management of
authors' copyright and of other related rights
Section I General
dispositions
Art. 123
Copyright owners can exercise
the rights stipulated by the present law personallytheir
, or through the collective management body, upon request.
The copyright and related
rights who, by their nature, are corresponding to a use
of a work or service impossible to be authorised
individually areg), h), j), , especially liable to be
managed collectively, This category includes, especially,
the rights provided by art. 13, letters k) and l), art.
17, 18, 102, 107 and 109 of the present law.
Section II Bodies for the
collective management of copyright and other related
rights
Art. 124
The bodies of collective
management of copyright and other related rights defined
within this law as collective management bodiesare legal
, persons established by free associationmanagement is
entrusted . Their main object of activity is collecting
and distributing the rights whose to them by copyright
owners.
Art. 125
The collective management
bodies provided in this chapter are subject to the
regulations on nonprofile, -profit associations and can
get legal according to the law, at the recommendation of
the Romanian Copyright Office.
These bodies are created
directly by the copyright owners; authors, performing
artists or performers, producers, radio and television
companies as well as other copyright owners who are
physical or legal personsthem . They act within the
limits of the mandate entrusted to and based on the
constitution adopted in keeping with legal procedure.
The collective management
bodies can be created separately for the management of
distinct categories of rightsvarious , corresponding to
artistic fields as well as for the management of rights
belonging to distinct categories of copyright owners.
Art. 126
The recommendation provided
in artin . 125 paragraph (1) is given to the collective
is given to the collective management bodies based
Romania which:
1.are going to operate in
keeping with the regulations in force at the date when
the present law becomes effective;
2operate them; .produce
evidence regarding a collection of works belonging to
their members and of the human and material means needed
to
3.have adopted a constitution
which meets the conditions provided by the present law;
4.have the legal and economic
capacity of managing the rights throughout Romania's
territory;
5.are accessible in keeping
with the special disposition of the constitution specific
to every copyright owner.
The decision of the Romanian
Copyright Office regarding the recommendation given to a
collective management body in order to exercise its
rights is published in the Official Gazette at the
expense of the collective management body.
Art. 127
The constitution of the
collective management body must contain dispositions
related to:
1.the name, field and object
of activity, by indicating the rights it manages based on
the collection of works made up to this purpose;
2.The conditions in which the
rights are being managed, based on the principle of equal
treatment;
3.the rights and obligations
of the members in relation to the collective management
bodies;
4.the administration and
representation bodies, their competency and operation;
5.the initial assets and
envisaged economic resources;
6.the rules applicable to the
distribution of paid rights;
7.ways of establishing the
commission which copyright owners should pay to the
collective management body with a view to cover expenses;
8the .ways of checking the
economic and financial administration by the members; 9.any
other compulsory dispositions in keeping with legislation
in force.
Art. 128
If for an artistic field,
there is more than one collective management body, under
this law, the competent body is the one joined by the
copyright ownercopyright . If the owner is not a member
of any body, the case will be dealt with by the body in
the field appointed by the owner. The owners can claim
their rights within 3 years from the use of the rights.
Art. 129
The mandate of copyright
collective management is given either directly by the
copyright ownerscontracts , under a written agreement, or
by concluded with foreign bodies managing similar rights.
The disposition of title I,
chapter VII, section I do not apply to the mandate or
contracts provided by paragraph (1).
Any copyright owner can
entrust a collective management body with the exercise of
his rights based on a contractof , if the management
these rights fall within body's competency.
The collective management
bodies cannot ensure the exploitation of the original
works and of the related rights for which they have been
given a collective management mandate.
Section III Operation of
collective management bodies
Art. 130
The collective management
bodies have the following obligations:
1services .to grant to the
beneficiaries, through contract, in exchange of
remuneration, the non-exclusive permits of utilisation of
the works or of the copyright owners under the form of a
non-exclusive licence;
2have to .to elaborate tables
for their domains of activity, including the property
rights deserved by them as well as the methodologies
which be negotiated with the beneficiaries for the
payment of these copyrightsimpossible the , in case of
those works whose exploitation makes individual
authorisation by the copy right owners;
3contracts with .to conclude,
on behalf of the copyright owners or on the basis of the
assignment granted by similar foreign bodies, general the
organisers of showsdissemination of the , radio, TV and
cable retransmission bodies, whose goal is to authorise
the performance and works or the current and future
services included in their portfolio;
4bilateral .to represent the
interest of their members concerning the use of their
works outside the territory of Romania, through
conclusion of contracts with similar bodies abroad, as
well as through affiliation to international non-governmental
bodies in this field;
5.to collect the amounts due
to beneficiaries and distribute them among the copyright
owners, according to the provisions of the constitution;
6report .to inform, upon
request, the copyright or related rights owners on the
ways of using their rights and send them the annual
financial and the auditing report;
7activity; .to grant
specialised assistance to the copyright owners and
represent them within the legal procedures pertaining to
their object of
8their object .to fulfil any
other activity in keeping with the assignment received
from the copyright or related right owners, within the
limits of of activity;
9remuneration .to ask the
beneficiaries to report the information and hand- over
the documents necessary for the determination of amounts,
and taxes collected by them.
Preparation of tables and
methodologies provided by paragraph (1) letter b) is made
based of negotiations with the representatives of
employer associations of the beneficiaries.
Art. 131
The tables and methodologies
provided by art. 130, paragraph (1), letter b) are
negotiated within a commission consisting of:
a) a representative of the
main collective management body operating in a specific
domain;
b) a representative of the
main employers association of beneficiaries in a specific
domain.
The collective management
bodies as well as the employers associations of the
beneficiariesdomain, , represented in the commission, for
each are designated by the Romanian Copyright Office.
The tables and methodologies
are sent for endorsement to the Romanian Copyright
Officeapproval to , which, within 30 days, sends them for
the Government.
In the case whenthe date , as
a result of the negotiation, the commission cannot
establish the tables and methodologies, within 90 days
from of setCopyright Office calls -up, these will be
presented for mediation to the Romanian Copyright Office.
In order to mediate, the Romanian for the negotiating
partiesmethodologies, which is further send to , analyses
their points of view and takes a final decision on the
tables and the Government for approval, within 30 days
from receiving date.
The tables and
methodologiesparticipated in the , approved through a
Government decision, are mandatory for the beneficiaries
that had not negotiations.
The Romanian Copyright Office
can be informedmodify , through a new endorsement demand,
on the tables and methodologies in order to themconcerns
the , by any of the parties that had negotiated them, but
not earlier than three years from the day of approval, in
what remunerations settled as percentages.
The remunerationsthe ,
settled as a fixed amount, can be periodically modified
by the collective management bodies, at the same time as
indexing of the revenues at national levelto the . This
will become effective starting with the month that
follows after it had been reported beneficiaries.
Art. 132
The collective management of
copyright and related rights is carried out only for the
works and services previously communicated to the public.
Art. 133
The collective management
bodiesmember , within the negotiations carried on
according to art. 130, paragraph (1), letter b), in the
name of the whose copyrights they man agerespectively,
for the , can ask the beneficiaries for more than 10% as
a whole for the copyrights and 3%, related copyrightsthe
use., from the gross amount of money collected, and in
absence, from the expenses occasioned by
The collection of the amounts
owed by the beneficiaries will be carried by only one
collective management bodydesignated by , for a domain
the Romanian Copyright Office, based on criteria of
representation.
The distribution of these
amounts among the endnegotiated - users collective
management bodies will be carried on the basis of a
protocol between them.
Art. 134
The exertion of the
collective management entrusted through the assignment
contract cannot restrict in any way the property rights
of the copyright owners.
The collective management is
exercised according to the following rules:
athose ) the decision
concerning the methods and rules of collecting the
remuneration and of other amounts from the beneficiaries
and concerning the distribution among the copyright
ownersmanagement , as well as those concerning other
important aspects of the collective must be taken by the
members in accordance with the constitution;
btailed ) the copyright
owners, whose rights are managed by a collective
management body, must periodically get fair, complete and
de information on all the activities of the collective
management body;
ccollective ) in absence of
an express permission from the copyright owners whose
rights are managed, no remuneration collected by a
management body can be used for other purposes such as
cultural or social ones or to fund promotional
activitiesthan those meant , others to cover the real
costs of the respective copy right management and to
distribute remaining amounts to them after the deduction
of these costs;
dto ) the amounts collected
by a collective management body, after the deduction of
real costs of the collective management, are subject
taxation according to legal provisions in this field.
After other
deductions authorised by the
copyright ownersamong , ac cording to the provisions of
letter c), the corresponding amounts are distributed the
copyright owners proportionally to the real use of their
work.
Art. 135
The collective management
bodies are obligated to supply to the Romanian Copyright
Office information related to the exertion of their
prerogatives and to put at its disposalassembly and the ,
in the first quarter of each year, the annual report,
proved by the statutory general report of the auditing
commission;
In the case where the
collective management body no longer fulfils the
conditions stipulated by artviolates . 124 or manifestly
and repeatedly the obligations stipulated by
artcollective management . 130 and paragraph (1) of this
article, the Romanian Copyright Office can grant to the
body a term to become legalcourt of law to cancel the .
If these obligations are not observed, the Romanian
Copyright Office can ask a respective collective
management body.
Art. 136
The existence of the
collective management bodies does not prevent the
copyright and related rights owners to apply to some
intermediaries, specialised physical or legal personsthe
present law., to represent them in individual
negotiations concerning the rights recognised by
At the time when the present
law comes in effectthe , the Romanian Agency for
Copyright Protection, a specialised body subordinated to
Ministry of Culture, changes its name into the Romanian
Copyright Office and operates as a specialised body
subordinated to the Governmentlaw in , with unique
authority on the territory of Romania concerning the
evidence, monitoring and control of the enforcement of
the field of copyright and related rightsbudget. The ,
the expenses for its operation and investments being
integrally funded from the state Ministry of Finance will
carry adequate modifications to the state budget.
The Government appoints the
general director of the Romanian Copyright Office, as
well as a number of 20 arbitrators from among the
candidates with legal trainingproducers' , designated by
the collective management bodies, the creators,
performing or acting artists and associations and the
bodies grouping entities whose professional activities
are related to the use of the works as well as the radio
and TV bodies.
The arbitrators have not the
quality of employees of the Romanian Copyright Office and
have the right to remuneration for their participation in
mediation of tables and methodologies for collecting the
rights managed by the collective management
bodiesaccording with provision of , art. 130. paragraph (1)
letter b) of the present law.
A regulation, adopted by the
Government will establish the normative concerning the
structure of the personnel, the organisation and
operation of the Romanian Copyright Office as well as the
operation of the arbitrator corp.
Art. 138
The prerogatives of the
Romanian Copyright Office are the following:
acopyright ) organises and
manages the record of the repertoire of works and authors
received from the collective management bodies for and
related rights;
b) grants notifications for
setting up, as legal bodies, according to the law, of the
collective management bodies and monitors the enforcement
of the legislation by the bodies whose setting up has
been endorsed;
cmanagement ) notifies,
according to the law, the elaboration and negotiation of
tables and methodologies established by the collective
bodies with the employers associations of the
beneficiaries;
dleading ) exerts, also, upon
request and at the expense of the owners of protected
copyrights, a function of monitor and control of
activities to infringements of the copyright and related
rights legislation;
e) interferes, through
mediation, in the negotiations between the collective
management bodies and the beneficiaries, according to the
provisions of art. 134, paragraph (4);
fcase of ) concludes an
acknowledging report of law violations, according to the
Criminal Procedure Code and informs competent bodies in
offences for which the criminal procedure is launched ex
officio;
g) elaborates programs of
practical and theoretical training and education in the
field of copyright and related rights;
h) maintains relations with
similar specialised organisations in this field, when the
Romanian state is part of.
The violation of the right
acknowledged and guaranteed by the present law attracts
the civil, contravention or criminal responsibility,
according to the casethe , according to the law.
Procedural provisions are stipulated in the present law
and are completed with those of common law.
The owners of the violated
copyright can ask the legal bodies or other competent
bodiesrights, to , according to the case, to recognise
their acknowledge the violation and can call for
reparation of prejudice, according to legal provisions.
In case of violation of
acknowledged copyrightscompetent , protected by the
present law, the owners can ask the court of law or other
bodiesimminent damage or to , according to the provisions
of the law, to immediately order measures to be taken in
order to prevent some secure their repair, according to
the case.
The owners of the violated
rights can ask the court of law to order the enforcement
of any of the following measures:
1to .to remit the receipts
obtained from illicit activities in order to cover the
prejudices or, if the prejudices cannot be covered in
this way, remit the goods resulting from an illicit
activity in order to sell them until the prejudices
caused are fully covered;
2.to destroy the equipment
and the means owned by the author of the illicit deed,
meant to perpetrate the illicit deed;
3.to remove illicit copies
from the trading circuit by confiscating and destroying
the illegal copies;
4.to publish in the
newspapers the court's verdict, at the expense of the
author of the illicit deed;
The dispositions of paragraph
(4) do not apply to architectural constructions if the
destruction of the building is not required by the
circumstances of the respective case.
Art. 140
The following deeds are
considered an offence and are punished with imprisonment
from one month to 200,000 2 years or with a fine between
lei to law:3 million lei if a person, without being
authorised or without having the consent of the holder of
the rights stipulated by
1.makes public an original
work;
2.presents to the audience,
recites, performs or directly presents an original work;
3.allows public access to the
data base on computer containing protected original works;
4performer; .translates,
publishes in collections, adapts or changes an original
work in order to obtain a derived work; 5.records the
work of a
6means of .broadcasts by
radio or television any original work or re- broadcasts
it by wireless, cable, satellite or by any similar means
or other communication;
7.presents the sound
recording of a producer in a public place;
8by any .broadcasts by radio
or television the sound recordings of a producer or
rebroadcasts them by wireless means, by cable, satellite
or other means;
9other .records programs of
radio or television or retransmits them by wireless, wire,
cable, satellite or any other similar procedure or by any
means of communication to the public;
10.transmits radio and
television programs to the public, against entrance fee.
Art. 141
A person perpetrates an
offence if he or she takes possessionhe or , without any
right, of the capacity of the author of an original work
or, if she makes public an original work under a
different name than the one decided by the authorwith .
Such an offence will be punished imprisonment from 3
months to 5 years or a fine from 500,000 lei to 10
million lei.
Art. 142
The following deeds are
considered an offence which can be punished with
imprisonment from 700,000 lei 3 months to 3 years or a
fine from to 7 million lei, if a person, without the
consent of the right's owner recognised by the present
law:
1.reproduces entirely or
partially an original work;
2.distributes an original
work;
3.imports copies of an
original work in order to sell them in Romania;
4.publicly exhibits an
original work of art, of applied art, photographic or
architectural art;
5.publicly projects a motion
picture work or another audio-visual work;
6public by .emits a work by
any means using wireless propagation of signs, sounds or
images, including by satellite; 7.transmits a work to the
wire, cable, optical fiber or by any other similar method;
8by wire, .retransmits a work
by any means using wireless propagation of signs, sounds
or images, included by satellite or, retransmits a work
cable, optical fiber or by any other similar method;
9.emits or transmits a
broadcast or televised work in a place accessible to the
public;
10.reproduces the performance
of an artist;
11.broadcasts the performance
of an artist;
12.reproduces the sound
recordings of a producer;
13.broadcasts the sound
recordings of a producer, including by renting;
14.imports cassettes of a
producer in order to sell them in Romania;
15.reproduces recorded radio
or television programs;
16.broadcasts radio or
television programs, including by rent;
17.imports recorded radio and
television programs in order to sell them in Romania.
Art. 143
The following deeds are
considered offence and can be punished with imprisonment
from 500,000 lei to 3 months to 2 years or with fines
from 5 million lei, if it does not represent a more
serious offence, the deed of a person who:
1erasure or .puts at the
disposal of public by sale or by any other means, onerous
or free of charge, technical means destined to
unauthorised neutralisation of the technical devices
protecting a computer program;
2radio or .refuses to declare
to the competent bodies, the origin of the samples of
work or the origin of the supports on which a service or
a TV program is recorded, being protected by the present
law, and being in his possession when being broadcasted.
Art. 144
The criminal procedure is put
in motion in case of offences provided by artconsequence
of a . 140, 141 and 142 letters a), c), j), l), n) and o)
as claim filed by a person damaged in the sense of the
present law.
Art. 145
The documents concluded by
the Romanian Copyright Office in exerting its
prerogatives of controland f) are , according to art. 138,
letters d) submitted to conditions of art. 214 of the
Criminal Procedure Code.
Title IV Enforcement of law.
Transitory and final provisions
Art. 146
The provisions of the present
law are enforced in any of the following situations:
A. for works:
1.which have not been made
public yet and whose authors are Romanian citizens;
2.which have not been made
public yet and whose authors are legal or physical
persons with residence or headquarters in Romania;
3.which have been made public
for the first time in Romania or which have been made
public for the first time in another country and
simultaneously, but not later than 30 days, in Romania;
4.of architecture built on
the Romanian territory;
B. for the services of
performing or acting artists:
1.which take place on
Romanian territory;
2.are fixed in sound
recordings protected by the present law;
3.which have not been fixed
in sound recordings but are broad cast by radio and TV
programs protected by the present law;
C. for sound recordings:
1.whose producers are legal
or physical persons with residence or headquarters in
Romania;
2.whose recording took place
for the first time in Romania;
3.which have been made public
for the first time in Romania or which have been made
public for the first time in another country and
simultaneously, but not later than 30 days, in Romania;
D. for radio and TV programs:
a) broadcast by radio or TV
stations with headquarters in Romania;
b) broadcast by broadcasting
bodies with headquarters in Romania.
Art 147.
The foreigners who are
copyright or related rights ownerstreaties and , benefit
from the protection provided by the international
conventions, agreements in which Romania is partthat
reciprocity , and in absence, benefit from an equal
treatment as the Romanian citizens, provided exists.
Art. 148
The existence and contents of
a work can be proved by any proving means, including
their inclusion in the repertoire of a collective
management body.
The authors or the owners of
the copyright or the holders of the exclusive copyright
of the authorhave the , which the present law refers to,
right to write on the original work or on its authorised
copies the mention pertaining to the reservation of their
useconsisting of the symbol , C surrounded by a circle,
accompanied by their name, the place and the year of the
first publication.
The producers of sound
recordingsoriginal , the performing or acting artists,
which the present law refers to, have the right to write
on the work or on the copies of the authorised sound or
audioprotection of -visual recordings or on their
packaging, a mention pertaining to the their copyrightsof
the first publication., consisting of the symbol P
surrounded by a circle, accompanied by their name, the
place and the year
Until contrary proofperson
who , it is supposed that the exclusive copy rights
signalled through the symbol C and P exist and belong to
the has used them.
The provisions of paragraphs
present law.(2), (3) and (4) do not condition the
existence of the rights acknowledged and guaranteed by
the
The authors of works and the
copyrights ownersmanagement , concurrently with the
inclusion of their work in the repertoire of the
collective body, can also register their literary or
artistic name,
exclusively in order to
communicate it to the public.
Art. 149.
The legal documents concluded
under the provisions of previous legislations generate
all the effects according to themexception of , with the
the clause stipulating the cession of the exploitation
rights of all works which the author might create in the
future.
Benefiting from the
protection of the present law are also the works created
prior to this law coming into effectsound , computer
programs, recordings including motion pictures and audio
visual workscondition , as well as the programs of the
radio and TV stations, under the stipulated in paragraph
(1).
The duration of the
exploitation rights over the works created by the
deceased authorsfor , before the present law coming into
effect and whom the protection term expiredsince the , is
extended up to the limits provided by the present law.
The extension generates effects only coming into effect
of the present law.
Art. 150
The equipmentsconsequence ,
sketches, models, manuscripts and any other goods which
are directly serving to the creation of a work giving to
copyright cannot be the object of forced seizure.
The amounts owed to the
authors as a consequence of the use of their workbe ,
benefit from the same protection as the salaries and can
monitored only under the same conditions. These amounts
are subject to taxation, according to the fiscal
legislation in effect.
The civil actions and demands
arising from relationship settled by the present
lawintroduced by , as well as the corresponding way of
attack, the copyright or the related rights owners or by
the physical or legal persons representing themstamp tax.,
are exempted from the
Art. 151
The litigations pertaining to
the copyright or the related rights are in the competence
of legal bodiesthe , according to the present law and
common law.
Art. 152.
The collective management
bodies which operate at the moment of this law coming
into effect are obligated to comply with the provisions
of art. 125, within six months since the present law
comes into effect.
Art. 153
The provisions of this law
are completed with the provisions of the common law.
Art. 154
The present law comes into
effect 90 days after its publishing in "Monitorul
Oficial al Romaniei".
The Decree noprovisions . 321
of June 21, 1956, concerning the copy right, with its
subsequent modifications, as well as any other opposite
are abrogated the same day.
Until the tables and
methodologies negotiated according to the provisions of
artestablished . 131 of the present law are endorsed, the
tariffs by regulations in effect are further en forced.