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PART IGeneral provisions

CHAPTER IIntroductory provisions

AAAArrrrtttt.... 1111.... Ñ (1) The copyright in a literary, artistic, orscientific work as well as in any similar work of intellectualcreation shall be recognized and guaranteed under the termsof the present law. This right belongs to the author personand involves moral and patrimonial prerogatives.

(2) A work of intellectual creation shall be acknowledgedand protected independently of its being made publiclyknown, simply by virtue of its creation.

AAAArrrrtttt.... 2222.... Ñ Acknowledgement of the rights provided underthe present law shall not prejudice nor exclude theprotection granted under other statutory provisions.

CHAPTER IISubject matter of copyright

AAAArrrrtttt.... 3333.... Ñ (1) An author shall be the natural person orpersons having created the work.

(2) In cases expressly provided by law, juristic persons andnatural persons other than the author may benefit fromthe protection granted to the author.

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* The Law No. 8/March 14, 1996 Ñ Law on copyright and neighboringrights Ñ was published in the ÒMonitorul OficialÓ (Official Gazette ofRomania), Part I, No. 60 / March 26, 1996.

(3) The quality of subject of the copyright may betransmitted under the terms of the law.

AAAArrrrtttt.... 4444.... Ñ (1) Unless proven otherwise, the author shall bepresumed to be the person under whose name the work wasfor the first time made publicly known.

(2) When the work was made publicly known in ananonymus form or under a pen name which does notpermit the identification of the author, the copyright shallbe exercised by the natural or juristic person which makesit publicly known only with the authorÕs consent, as long asthe latter shall not disclose his or her identity.

AAAArrrrtttt.... 5555.... Ñ (1) A joint work shall be a work created byseveral co-authors in collaboration.

(2) The copyright in a joint work shall belong to its co-authors, among whom one may be the main author, underthe terms of the present law.

(3) Failing a convention to the contrary, co-authors cannotexploit the work otherwise than by common agreement.Denial of consent on the part of anyone of the co-authorsshall have to be thoroughly justified.

(4) In case that each co-authorÕs contribution is distinct,such contribution can be exploited separately, on conditionsthat it shall not prejudice the exploitation of the joint workor the rights of the other co-authors.

(5) In the case of the utilization of a work created incollaboration, the remuneration shall be due to the co-authors in the proportions they shall have agreed upon.Failing such a convention, the remuneration shall be dividedin proportion to the parts of contribution of the authors orequally, if these cannot be established.

AAAArrrrtttt.... 6666.... Ñ (1) A collective work shall be a work in which thepersonal contributions of the co-authors form a whole,without it being possible, given the nature of the work, toascribe a distinct right to anyone of the co-authors on thework created in its entirety.

(2) Unless otherwise agreed, the copyright in a collectivework shall belong to the natural or juristic person on whoseinitiative, and under whose responsibility and name thework was created.

Law No. 8/March 14, 1996

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CHAPTER IIIObject of copyright

AAAArrrrtttt.... 7777.... Ñ There shall constitute an object of the copyrightthe original works of intellectual creation in the literary,artistic, or scientific domain, regardless of the manner ofcreation, the concrete form or mode of expression, andindependently of their value and destination, such as:

a) literary and publicistic writings, conferences, sermons,pleadings, lectures, and any other written or oral works aswell as computer programs;

b) scientific works, written or oral, such ascommunications, studies, university textbooks, schooltextbooks, scientific projects and documentations;

c) musical compositions with or without lyrics;d) dramatic and dramatico-musical works, coreographic

and pantomimic works;e) cinematographic works, as well as any other

audiovisual works;f) photographic works as well as any other works

expressed by a procedure analogous to photography;g) works of plastic art, such as: works of sculpture,

painting, graphics, engraving, lithography, monumental art,scenography (scene painting), tapestry, ceramics, glas andmetal plastics as well as works of art applied to productsdesigned for practical use:

h) works of architecture, sketches, scale models, and thegraphic works forming architectural projects;

i) plastic works, maps and drawings in the field oftopography, geography, and science in general.

AAAArrrrtttt.... 8888.... Ñ Without being prejudicial to the rights of theoriginal workÕs authors, there shall also constitute an objectof the copyright derived works which were created bystarting from one or more pre-existing works, namely:

a) translations, adaptations, annotations, documentaryworks, musical arrangements, and any other conversions ofa literary, artistic, or scientific work, representing anintellectual creative work;

b) collected literary, artistic, or scientific works, such asencyclopedias and anthologies, collections and compilationsof material or data, protected or not, data bases included,

Law on copyright and neighboring rights

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which, by the selection or arrangement of the material,constitute intellectual creations.

AAAArrrrtttt.... 9999.... Ñ There shall not benefit by the legal copyrightprotection the following:

a) ideas, theories, concepts, discoveries and inventionscontained in a work, whatever might be the manner of itsadoption, writing, explaining or expression;

b) official texts of a political, legislative, administrative orjudicial nature, and their official translations;

c) official symbols of the State, public authorities,organizations, such as the coat of arms, seal, flag, emblem,escutcheon, badge, and medal;

d) means of payment;e) news and press information;f) simple facts and data.

CHAPTER IVContent of copyright

AAAArrrrtttt.... 11110000.... Ñ The author of a work shall have the followingmoral rights:

a) to decide if, how and when the work will be madeknown to the public;

b) to claim acknowledgement of the authorship of thework;

c) to decide under what name the work will be madeknown to the public;

d) to claim the observance of the workÕs integrity and tooppose any modification as well as any impairment of thework, if it is prejudicial to his or her honour or reputation;

e) to withdraw the work, indemnifying, if such be thecase, the holders of the exploitation rights, prejudiced by theexercise withdrawal right.

AAAArrrrtttt.... 11111111.... Ñ (1) The moral rights cannot form the object ofrenunciation or alienation.

(2) After the authorÕs death, the exercise of the rightsprovided under Article 10 paragraphs b) and d) shall betransmitted through inheritance, according to the civillegislation, over an unlimited period of time. If there are noheirs, these rights shall revert to the Romanian CopyrightOffice.


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AAAArrrrtttt.... 11112222.... Ñ The author of a work shall have the exclusivepatrimonial right to decide whether, how, and when his orher work shall be used or exploited, to consent to the use ofthe work by others inclusive.

AAAArrrrtttt.... 11113333.... Ñ The use or exploitation of a work gives rise todistinct and exclusive rights of the author to authorize:

a) the full or partial reproduction of his work;b) the circulation of the work;c) the import with a view to trading on RomaniaÕs territory

of copies from the work, achieved with the authorÕs consent;d) the representation on stage, recitation, or any other

public manner of performance or of direct representation ofthe work;

e) the public exhibition of plastic, applied, photographic,and architectural art works;

f) the public projection of cinematographic and of otheraudiovisual works;

g) the brodcasting of a work by any means serving to thewireless propagation of the signals, sounds or images, viasatellite inclusive;

h) the transmission of a work to the public by wire, cable,optic fibre or any other procedure;

i) the public communication through the agency of soundand audiovisual recordings;

j) the simultaneous and integral, unaltered retransmissionof a work by any of the means mentioned under paragraphsg) and h) by a broadcasting body, different from the body oforigin of the radio broadcast or telecast work;

k) the secondary circulation;l) the presentation in a public place, by any means, of a

radio broadcast or of a telecast work;m) the public access to computer data bases, in case these

data bases contain or constitute protected works.AAAArrrrtttt.... 11114444.... Ñ (1) By reproduction, within the meaning of the

present law, shall be understood the making of one or morecopies of a work, in any material form, the making of anyaudiovisual recording of a work inclusive, as well as itspermanent or temporary storage by electronic means.

(2) By circulation, in the sense of the present law, shall beunderstood the dealing out to the public of the original orcopies of a work by selling, rental, lending, or by any other


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manner of transmission for a consideration or free ofcharge.

(3) There shall not be considered circulation thedistribution to the public by the lending of a work free ofcharge, in case it is made through the agency of publiclibraries.

AAAArrrrtttt.... 11115555.... Ñ (1) The use or exploitation of a work in themodes provided under Art. 13 paragraphs d) and e) as wellas in any other similar manner shall constitute publiccommunication.

(2) Any communication of a work shall be consideredpublic if it is made in a place open to the public or in anyplace in which a number of people are gathering in excessof the normal circle of the members of a family or of itsacquaintances, regardless of whether the memberscomposing that public susceptible of receiving suchcommunications may or may not do it in the same place orin different places, or at the same time or at differentmoments.

(3) The recirculation of the copies of a work shall notrequire the copyright holderÕs authorization, except for theirimport or lending.

AAAArrrrtttt.... 11116666.... Ñ The author of a work shall have the exclusivepatrimonial right to authorize the translation, publication incollections, adaptation as well as any other transformation ofhis or her work by which a derivative work is obtained.

AAAArrrrtttt.... 11117777.... Ñ (1) The author of a literary or artistic work shallbenefit by the exclusive right to authorize the renting of theoriginal and of the copies of his or her works, including theaudiovisual works, the works included in a sound recording,in a computer program, or of a work which may be used bymeans of a computer or any other technical device, evenafter their circulation in keeping with the authorÕs consent.

(2) The right to authorize the rental of a work shallrepresent an authorÕs exclusive right to provide for use theoriginal or copies of the work for a limited period of timein exchange for a direct or indirect economic advantage.

AAAArrrrtttt.... 11118888.... Ñ (1) Public leading shall consist in makingavailable for a person, free of charge, for utilization, theoriginal or a copy of a work, for a set period of time,through the agency of an institution permitting the access of


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the public for this purpose. Public lending shall not need theauthorÕs preliminary authorization.

(2) Public lending shall entitle the holder of the copyrightto a fair remuneration.

(3) The provisions under paragraph (2) shall not apply to:a) originals or copies of written works, in public libraries;b) projects of architectural structures;c) originals or copies of art works applied to products

intended for practical use;d) originals or copies of works, for the purpose of their

public communication, or for use of which there exists acontract;

e) reference works for immediate use or for lendingbetween institutions;

f) works created by the author within the framework ofthe individual contract of employment, if they are used bythe authorÕs employer, as part of the usual activity.

(4) The provisions under paragraph (2) shall not apply inthe case of the public lending made for educational orcultural purposes, through institutions acknowledged underthe terms of the law or organized to this end by publicauthorities.

(5) The public lending of works set in sound oraudiovisual recordings shall take place only after the passageof six months since the first broadcast of the work and notearlier.

AAAArrrrtttt.... 11119999.... Ñ The right to public communication by means ofsound or audiovisual recordings shall represent the authorÕsexclusive right to authorize the communication to the publicof readings, musical or stage interpretations or of any otherforms of setting his or her work in sound or audiovisualrecordings.

AAAArrrrtttt.... 22220000.... Ñ The right to secondary circulation shallrepresent the authorÕs exclusive right to authorize thecommunication of his or her work to the public subsequentto the first circulation, by any of the means provided underArticle 13 paragraphs g), h), i), j), and l).

AAAArrrrtttt.... 22221111.... Ñ (1) In case of each resale of a work of plastic artat a public auction, or through the agency of an agent, or bya merchant, the author shall be entitled to five per cent of


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the selling price as well as of the right to be informed on theworkÕs whereabouts.

(2) The auctioneers, agents and merchants involved in thesale shall communicate to the author the informationprovided under paragraph (1) of the present article withintwo months after the selling day. They shall also beaccountable for holding back of the five per cent quota fromthe selling price as well as for the payment of that five percent quota to the author.

(3) The rights provided under the present article shallconstitute the suite right, and shall not make the object ofsome renunciation or alienation.

AAAArrrrtttt.... 22222222.... Ñ The owner or proprietor of a work is in dutybound to permit the authorÕs access to it and to put it at hisor her disposal, if this fact is necessary for the exercise of hisor her copyright, and on condition that the owner orpossessorÕs legitimate interest should not thereby beimpaired. In this case, the owner or possessor may lay claimto a sufficient guarantee for the security of the work, theinsurance of the work for an amount representing themarket value of the original as well as an adequateremuneration from the author.

AAAArrrrtttt.... 22223333.... Ñ (1) The owner of the original of a work shall nothave the right to destroy it before offering it to the authorat the cost price of the material.

(2) If the returning of the original should not be possible,the owner shall allow the author to make a copy from thework in an adequate manner.

(3) In the case of an architectural structure, the authorshall only have the right to make photographs of the workand to request the sending back of reproductions from theprojects.

CHAPTER VDuration of copyright protection

AAAArrrrtttt.... 22224444.... Ñ (1) The copyright in a literary, an artistic, or ascientific work arises from the moment of the workÕscreation, regardless the concrete form or manner ofexpression.

(2) If the work is created, in a period of time, in parts,serials, volumes, or in any other form of continuation, the


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protection term shall be calculated, according to paragraph(1), for each one of these components.

AAAArrrrtttt.... 22225555.... Ñ (1) The patrimonial rights, provided underarticles 13, 16, 17, 18, and 21 shall last throughout theauthorÕs life, and after his or her death they shall betransmitted by inheritance, according to the civil legislation,over a period of seventy years, whatever might be the dateat which the work was legally made known to the public. Ifthere are no heirs, the exercise of these rights shall devolveupon collective administration body mandated by the authorduring his lifetime or, failing a mandate, to the collectiveadministration body with the greatest number of membersfrom the respective domain of creation.

(2) The person who, after expiry of the copyrightprotection, makes legally hnown to the public for the firsttime a work unpublished before, shall benefit by aprotection equivalent to that of the author's patrimonialrights.

The duration of the protection of these rights shall be oftwenty-five years, beginning after the moment when it waslegally made known to the public for the first time.

AAAArrrrtttt.... 22226666.... Ñ (1) The term of patrimonial rights in worksmade known to the public under a pen-name or withoutindication of their author shall be of seventy years afterthe date when they were made publicly known.

(2) When the author's identity shall be made known tothe public before the expiry of the term provided underparagraph (1), the provisions under Article 25 paragraph (1)shall apply.

AAAArrrrtttt.... 22227777.... Ñ (1) The term of patrimonial rights in worksmade in collaboration shall be of seventy years after thedeath of the last co-author.

(2) In case that the contributions of the co-authors aredistinct, the term of the patrimonial rights for each one ofthem shall be of seventy years after the death of each co-author.

AAAArrrrtttt.... 22228888.... Ñ The term of the patrimonial rights on collectiveworks shall be of seventy years after the date when theworks were made publicly known. In case this is not madefor a period of seventy years after the creation of the works,


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the term of patrimonial rights shall expire seventy yearsafter the creation of the works.

AAAArrrrtttt.... 22229999.... Ñ The term of patrimonial rights in applied artworks shall be of 25 years after their creation.

AAAArrrrtttt.... 33330000.... Ñ The patrimonial rights on computer programsshall extend over the whole duration of their author's life,and after his or her death shall be transmitted byinheritance according to the civil legislation over a period offifty years.

AAAArrrrtttt.... 33331111.... Ñ Nonessential modifications, additions, cuttingsor adaptations made with a view to selection or arrangementas well as the correction of a work or collection's content,which are necessary for the continuation of the collection'sactivity in the way intended by the work's author shall notextend the protection term of the said work or collection.

AAAArrrrtttt.... 33332222.... Ñ The terms established in the present chaptershall be calculated beginning on January 1 of the year afterthe author's death or the date when the work was madepublicly known, as the case may be.

CHAPTER VILimitations of the exercise of copyright

AAAArrrrtttt.... 33333333.... Ñ (1) The following uses of a work previouslymade known to the public shall be permitted without theauthor's consent and without payment of a remuneration, oncondition that these be in agreement with good usage,without running counter to the normal exploitation of thework, and without any prejudice to the author or to theholders of the exploitation rights:

a) the reproduction of a work within the framework ofjudicial or administrative proceedings, to the extent to whichit is justified by their purpose;

b) the use of brief quotations from a work for the purposeof an examination, commentary, criticism, orexemplification, to the extent to which their use justifies theextent of the quotation;

c) the use of isolated articles or brief excerpts from worksin publications, television and radio broadcasts, or in soundor audiovisual recordings exclusively intended for teachingpurposes as well as the reproduction, for teaching purposeswithin the framework of public educational or social


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protection institutions, of isolated articles or of brief extractsfrom works, to the extent to which it is justified by thepurpose pursued;

d) the reproduction of brief excerpts from works forinformation or research within the framework of libraries,museums, film archives, sound archives, archives of culturalor scientific non-profit public institutions; the integralreproduction of a work's copy is allowed for its replacement,in case of destruction, of severe deterioration, or loss of asingle copy from the respective archive or library'spermanent collection;

e) the reproduction, circulation, or communication to thepublic for the purpose of information on current topics, ofshort excerpts from press articles, and television or radiobroadcast current reports;

f) the reproduction, circulation, or communication to thepublic of short fragments of lectures, allocutions, pleadings,and suchlike works orally expressed in public, on conditionthat these uses shall have as single purpose information oncurrent events of the day;

g) the reproduction, circulation, or communication to thepublic of works as part of information on topical events, butonly to the extent justified by the purpose of information;

h) the reproduction, with exclusion of any means comingin contact directly with the work, the circulation orcommunication to the public of the image of anarchitectural, plastic art, photographic, or applied art workpermanently located in public places, except for cases inwhich the image of the work is the principal subject ofsuch a reproduction, circulation, or communication, and ifit is used for commercial purposes;

i) the representation and execution of a work as part ofthe activities of educational institutions, exclusively to specificpurposes and on condition that both the representation orexecution and the public's access be free of charge.

(2) In the cases provided under paragraphs b), c), e), f),and h) it shall be mandatory to mention the source andname of the author, if this appears on the work used, andin the case of plastic art or architectural works the placewhere the original is to be found, too.


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AAAArrrrtttt.... 33334444.... Ñ (1) It shall not be a violation of the copyright,in the sense of the present law, the reproduction of a workwithout the author's consent for personal use or that of anormal family circle on condition that the work should havepreviously been made known to the public, and thereproduction should not infringe the normal exploitation ofthe work or be prejudicial to the author or to the owner ofthe exploitation rights.

(2) For the physical supports on which sound oraudiovisual recordings may be carried out, and for thedevices permitting their reproduction, in the situationprovided under paragraph (1), a remuneration establishedaccording to the provisions under the present law shall bepaid.

AAAArrrrtttt.... 33335555.... Ñ The modification of a work without the author'sconsent and without payment of a remuneration shall bepermitted in the following cases:

a) if the modification is made privately, being neitherintended nor made available to the public;

b) if the result of the modification is a parody or acaricature, on condition that the result should not createconfusion with regard to the original work and its author;

c) if the modification is called for by the purpose of theuse permitted by the author.

AAAArrrrtttt.... 33336666.... Ñ (1) Works shown in exhibitions accessible to thepublic, in auctions, fairs, or collections may be reproducedin catalogues published and distributed for this purpose bythe organizers of such activities.

(2) In the cases mentioned under paragraph (1) it ismandatory to indicate the source as well as the authorshipof the work, provided they are mentioned on the work used.

AAAArrrrtttt.... 33337777.... Ñ For the purpose of testing the functioning ofthe products at the manufacturing or selling moment, thetrading companies engaged in the production or sale ofsound or audiovisual recordings, equipment for theirreproduction or public communication as well as thereceiving equipment of radio and television broadcasts mayreproduce and introduce extracts from works, on conditionthat these operations be reduced to the dimensions requiredfor testing.


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AAAArrrrtttt.... 33338888.... Ñ (1) The licence for broadcasting a work bywireless means shall also include the authorization for thetransmission of that work by wire, by cable, or by any othersimilar procedures, without payment of a separateremuneration, on condition that the broadcasting shall bemade unaltered, simultaneously and integrally by theoriginal broadcasting body and that it should not exceed thegeographic zone for which the broadcasting right wasgranted.

(2) The provisions under paragraph (1) of the presentarticle shall not apply in the case of digital broadcast of awork by any means whatsoever.

(3) Transfer of the right to communication to the publicof a work by radio or television shall be entitled the right tothe broadcasting body of recording the work for its ownwireless transmissions for the purpose of making solelyonce the authorized transmission to the public. In case of anew broadcast of the work thus recorded, a newauthorization shall be required. If no such authorization berequested within six months after the first broadcast, therecording shall have to be destroyed.

CHAPTER VIITransfer of the patrimonial copyrights

Section 1Common provisions

AAAArrrrtttt.... 33339999.... Ñ (1) The author or the holder of the copyrightmay transfer by contract to other people only hispatrimonial rights.

(2) Transfer of the author's patrimonial rights may belimited to certain rights, for a certain territory, and for acertain period of time.

(3) The author's patrimonial rights or those of the holderof the copyright may be transmitted by exclusive or non-exclusive transfer.

(4) In case of an exclusive transfer, not even the holder ofthe copyright himself shall be able to use the work anymorein the manners, in the territory and for the term agreedwith the transferee nor shall he or she be any longer able totransmit the respective right to another person. The


c. 9 129

exclusive right of the transfer must be provided expressly inthe contract.

(5) In case of a non-exclusive transfer, the holder of thecopyright may use the work himself, and may transmit thenon-exclusive right to other people, too.

(6) The non-exclusive transferee may not transfer hisright to another person unless he has the granter's expressconsent.

(7) The transfer of one of the patrimonial rights of thecopyright's titular shall not have any effect on his otherrights unless differently agreed.

(8) The consent mentioned under paragraph (6) shall notbe required in case the transferee as a juristic person shallbe changed by one of the modalities provided under the law.

AAAArrrrtttt.... 44440000.... Ñ In case of the transfer of the reproductionright of a work it shall be presumed that the right to thecirculation of the copies of such a work was also assigned,except the import right, if not otherwise provided bycontract.

AAAArrrrtttt.... 44441111.... Ñ (1) The transfer contract of the patrimonialrights shall stipulate the patrimonial rights transmitted, themodalities of exploitation, the term and extension of thetransfer as well as the remuneration of the copyright'sholder. Absence of any of these provisions shall entitle theinterested party to request the cancellation of the contract.

(2) The transfer ot the patrimonial rights with regard tothe totality of the author's future works, named or un-named, shall be struck by absolute nullity.

AAAArrrrtttt.... 44442222.... Ñ The existence and content of the transfercontract of the patrimonial rights may be proved only by itswritten form, except contracts having as object works usedin press.

AAAArrrrtttt.... 44443333.... Ñ (1) The remuneration due on the grounds of atransfer contract of patrimonial right shall be established byagreement between the parties. The amount of theremuneration shall be calculated either in proportion to thesums collected from the exploitation of the work, or as a setsum, or in any other way.

(2) When the remuneration has not been established bycontract, the author may request the competentjurisdictional bodies, according to the law, to establish the


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remuneration. This shall be done taking into account theamount of money usually paid for the same class of work,the destination and term of exploitation as well as othercircumstances specific to the case.

(3) In case of an obvious disproportion between theremuneration of the author of the work and the profits ofthe person, juristic or natural, having obtained the transferof the patrimonial rights, the author may request thecompetent jurisdictional bodies to revise the contract or toincrease the remuneration adequately.

(4) The author may not beforehand renounce the exerciseof the right provided under paragraph (3).

AAAArrrrtttt.... 44444444.... Ñ (1) Failing a contract clause to the contrary, forworks created within the framework of individualemployment contract, the patrimonial rights shall belong tothe author of the work created. If such a clause exists, thisshall have to include the term for which the patrimonialcopyrights shall have been transferred. In absence of aprecise statement of the term, this shall be of three yearsafter the date when the work is handed in.

(2) On expiry of the term mentioned under paragraph (1)the patrimonial rights shall revert to the author.

(3) The author of a work created within the framework ofan individual employment contract shall preserve to himselfthe exclusive right of use of the work as part of the wholeof his or her creation.

AAAArrrrtttt.... 44445555.... Ñ (1) Failing a convention to the contrary, theholder of a copyright in a work appearing in a periodicalpublication shall preserve the right to use it in any formwhatsoever on condition of causing no prejudice to thepublication in which the work was issued.

(2) Failing a convention to the contrary, the holder of acopyright may dispose freely of the work, if it should nothave been published within a month after its acceptance, inthe case of a daily paper, or within six months, in the caseof other publications.

AAAArrrrtttt.... 44446666.... Ñ (1) The order contract of a future work mustinclude both the term of handing in of the work by theauthor as well as the term of acceptance of the work by theusers.


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(2) The person ordering the work shall have the right toterminate the contract, if the work should not meet theconditions established. In case of cancellation of the contract,the sums collected by the author shall not be refundable. If,in view of the creation of a work having been the object ofan order contract and preparatory works shall have beencarried out, the author shall be entitled to the return of theexpenses incurred.

AAAArrrrtttt.... 44447777.... Ñ (1) The author may request the cancellation ofa cession contract of the patrimonial right in case that thetransferee fails to exploit it or exploits it to an insufficientextent, and if, thereby the author's justified interests areconsiderably affected.

(2) The author may not solicit the cancellation of thecontract, if the motives of non-exploitation or of insufficientexploitation shall be due to his own fault, to a third party'sdeed, to a fortuitous case or to a ffffoooorrrrcccceeee mmmmaaaajjjjeeeeuuuurrrreeee case.

(3) The cancellation of a transfer contract mentionedunder paragraph (1) may not be requested before the expiryof two years after the transfer of the patrimonial right on awork. In the case of works ceded for daily publications, thisterm shall be of three months, and in the case of periodicalpublications, of one year.

(4) The owner of the original of a work of plastic orphotographic art shall have the right to exhibit it publicly,even though it might not have been made known to thepublic, except the case in which the author shall haveexpressly excluded this right from the alienation act of theoriginal.

(5) The author may not renounce beforehand the exerciseof his or her right to solicit the cancellation of the transfercontract mentioned under paragraph (1).

(6) Gaining the ownership on the material support of thework shall not thereby impart a right of exploitation on thework itself.

Section 2Publishing contract

AAAArrrrtttt.... 44448888.... Ñ (1) The publishing contract is an instrument bywhich the holder of the copyright makes over to the


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publisher, in exchange for a remuneration, the right toreproduce and circulate the work.

(2) The convention by which the titular of a work'scopyright empowers a publisher at his or her expense toreproduce and possibly to circulate the work shall notconstitute a publishing contract.

(3) In the situation provided under paragraph (2) theprovisions of common law with reference to the enterprisecontract shall apply.

AAAArrrrtttt.... 44449999.... Ñ The holder of the copyright can make over tothe publisher the right of authorizing the translation andadaptation of the work, too.

AAAArrrrtttt.... 55550000.... Ñ The transfer to the publisher of the right toauthorize other people to adapt the work or to use it in anyother way shall have to make the object of a distinctcontract.

AAAArrrrtttt.... 55551111.... Ñ (1) The publishing contract must include clauseswith regard to:

a) the term of the transfer;b) the exclusive or non-exclusive nature and the territorial

extension of the transfer;c) the minimum and maximum number of copies;d) the author's remuneration, established under the terms

of the present law;e) the number of copies reserved to the author free of

charge;f) the term for the publication and circulation of the

copies of each edition or of each printing, as the case maybe;

g) the term of handing over of the work's original by theauthor;

h) the control procedure of the number of copiesproduced by the publisher.

(2) Absence of any of the clauses stipulated underparagraphs a), b), and d) shall entitle the interested party torequest the cancellation of the contract.

AAAArrrrtttt.... 55552222.... Ñ (1) The publisher who shall have acquired thecopyright of a work in form of a volume shall have, againstother similar offerers at equal price, the prior publishingright of the work in electronic form. The publisher must


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make a written option within not more than thirty daysafter the author's written option was received.

(2) The right mentioned under paragraph (1) shall bevalid for a period of three years after the date of the work'spublication.

AAAArrrrtttt.... 55553333.... Ñ The publisher shall be under an obligation toallow the author to make improvements or othermodifications of the work in case of a new edition, oncondition that these improvements or modifications shouldnot essentially increase the publisher's costs, or change thecharacter of the work, if it is not otherwise stipulated in thecontract.

AAAArrrrtttt.... 55554444.... Ñ The publisher shall have the right to makeover the publishing contract only with the author's consent.

AAAArrrrtttt.... 55555555.... Ñ The publisher shall be under an obligation toreturn to the author the original of the work, the originalsof art works, illustrations, and any other documents receivedfor publication, if not otherwise agreed.

AAAArrrrtttt.... 55556666.... Ñ (1) Failing a convention to the contrary, thepublishing contract shall cease after expiry of the termestablished, or after exhaustion of the last edition agreed.

(2) An edition or printing shall be considered exhaustedif the number of unsold copies is smaller than five per centof the total number of copies, and at any rate if it is smallerthan one hundred copies.

(3) Should the publisher not have published the workwithin the term agreed, the author may request, accordingto common law, the cancellation of the contract anddamages for non-execution. In this case, the author shallkeep to himself the remuneration received, or may ask forthe payment of the integral remuneration provided in thecontract, as the case may be.

(4) If the term for the publication of the work is notstipulated in the contract, the publisher shall be under anobligation to publish it within a term of not more than oneyear after the date of its acceptance.

(5) In case that the publisher should intend to destroy thecopies left over in stock after a period of two years from thepublishing date, and if no other period should be stipulatedin the contract, the publisher shall be under an obligation to


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offer them first to the author at the price obtainable byselling them for destruction.

AAAArrrrtttt.... 55557777.... Ñ (1) In case of the work's destruction owing toffffoooorrrrcccceeee mmmmaaaajjjjeeeeuuuurrrreeee, the author shall be entitled to aremuneration, which shall be paid out to him or her only ifthe work had been published.

(2) If a prepared edition should be totally destroyed owingto ffffoooorrrrcccceeee mmmmaaaajjjjeeeeuuuurrrreeee prior to its circulation, the editor shall beentitled to prepare a new edition, and the author shall havethe remuneration right only to one of these editions.

(3) If a prepared edition should be partially destroyed,owing to ffffoooorrrrcccceeee mmmmaaaajjjjeeeeuuuurrrreeee before being circulated, thepublisher shall be entitled to reproduce without payment ofa remuneration to the author only as many copies as weredestroyed.

Section 3Theatrical or musical performance contract

AAAArrrrtttt.... 55558888.... Ñ By the theatrical or musical performanceexecution contract the holder of the copyright shall makeover to a natural or juristic person the right to perform orexecute in public a present or future literary, dramatic,musical, dramatico-musical, coreographic work or apantomime in exchange for a remuneration, and thetransferee shall be under an obligation to execute or toperform it under the conditions agreed.

AAAArrrrtttt.... 55559999.... Ñ (1) The theatrical or musical performancecontract shall be concluded in writing for a determinedperiod of time and for a set number of communications tothe public.

(2) The contract shall stipulate the term in which thefirst performance or only communication of the work shalltake place, as the case may be, the exclusive or non-exclusivecharacter of the transfer, the area or territory covered, andthe authors' remuneration.

(3) The interruption of the performances for twoconsecutive years, if no other term should have beenprovided in the contract, shall entitle the author to requestcancellation of the contract and damages for non-execution,according to common law.


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(4) The beneficiary of a theatrical or musical performancecontract may not make it over to a third party, performanceorganizer, without the author, respectively his or herrepresentativeÕs consent, except the case of the concomitant,total or partial, transfer of this activity.

AAAArrrrtttt.... 66660000.... Ñ (1) The transferee shall be under an obligation topermit the author to control the performance or execution of thework and to sustain adequately the achievement of the technicalconditions for the interpretation of the work. Likewise, thetransferee must send to the author the programme, posters, andother printed materials, reviews published on the performance,if not otherwise provided in the contract.

(2) The transferee shall be under an obligation to ensurethe public execution or performance of the work underadequate technical conditions as well as the observance ofthe author's rights.

AAAArrrrtttt.... 66661111.... Ñ (1) The transferee shall be under an obligationperiodically to communicate to the holder of the copyrihtthe number of performances or musical executions, as wellas the situation of the takings. To this end, the theatrical ormusical performance contract must also stipulate the periodsof communication but not less than once a year.

(2) The transferee must pay the author, at the termsstipulated in the contract, the sums of money to the amountagreed upon.

AAAArrrrtttt.... 66662222.... Ñ If the transferee fails to perform or execute thework within the set term, the author may solicit, accordingto common law, cancellation of the contract and damages fornon-performance. In this situation, the author shall keep tohimself the remuneration received or may solicit payment ofthe full remuneration provided in the contract.

Section 4Rental contract

AAAArrrrtttt.... 66663333.... Ñ (1) By the rental contract of a work, the authorconveys the use for a fixed period of time of at least onecopy of his or her work, in the original or a copy, especiallycomputer programs or works set in sound or audiovisualrecordings. The transferee of the rental right contracts anengagement to pay a remuneration to the author for theperiod of use of that copy of the work.


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(2) The author shall keep the copyright on the workrented, except the right of circulation, if not otherwiseagreed.

(3) The rental contract of a work shall be subject to theprovisions of the common law with regard to the locationcontract.

PART IISpecial provisions

CHAPTER VIIICinematographic works and other audiovisual works

AAAArrrrtttt.... 66664444.... Ñ The autdiovisual work shall be a cinema-tographic work, or a work expressed by a procedure similarto cinematography, which makes use of moving pictures ora combination of sound with pictures.

AAAArrrrtttt.... 66665555.... Ñ (1) The director or the producer of anaudiovisual work shall be the natural person assuming theguidance of the creation and performing of the audiovisualwork in his quality as main author.

(2) The producer of an audiovisual work shall be thenatural or juristic person assuming the responsibility of theproduction of the work and in this quality organizes theachievement of the work and provides the necessarytechnical and financial means.

AAAArrrrtttt.... 66666666.... Ñ Authors of the audiovisual work in theconditions provided under Article 5 of the present lawshall be the director or producer, the author of theadaptation, the author of the screenplay, the author of thedialogue, the author of the musical score specially createdfor the audiovisual work, and the author of the graphicsfor the animated works or animated sequences, when theserepresent an important part of the work. In the contractbetween the producer and the director, the parts may agreeto be included as authors of the audiovisual work othercreators, too, having substantially contributed to itscreation.

AAAArrrrtttt.... 66667777.... Ñ (1) In case that one of the authors providedunder the previous article shall refuse to finish off his or hercontribution to the audiovisual work, or shall be in a


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situation of impossibility to do so, this author may notoppose its use in view of finalizing the audiovisual work.This author shall have the right to be remunerated for hiscontribution so far.

(2) The audiovisual work shall be considered finished,when the final version shall have been established bycommon agreement between the main author and theproducer.

(3) The destruction of the original support of the finalversion of the audiovisual work in form of the standardcopy shall be prohibited.

(4) The authors of the audiovisual work, others than themain author, may not oppose its being made known to thepublic as well as the exploitation in any way of its finalversion.

AAAArrrrtttt.... 66668888.... Ñ (1) The right to an audiovisual adaptation shallbe an exclusive right of the holder of the copyright in apreexisting work to transform or to include it in anaudiovisual work.

(2) The transfer of the right provided under paragraph (1)may be made only on the basis of a written contractbetween the holder of the copyright and the producer of theaudiovisual work, distinct from the publishing contract ofthe work.

(3) By conclusion of the adaptation contract, the holder ofa copyright in a pre-existing work transfers to a producer theexclusive right of transformation and of inclusion of therespective work in an audiovisual work.

(4) The transfer granted by the holder of the copyright inthe pre-existing work should stipulate expressly theconditions of the production, circulation, and projection ofthe audiovisual work.

AAAArrrrtttt.... 66669999.... Ñ The moral rights on a finished work shall beacknowledged only to authors established as stipulatedunder Article 66 of the present law.

AAAArrrrtttt.... 77770000.... Ñ (1) By contracts concluded between the authorsof an audiovisual work and the producer, failing anagreement to the contrary, it shall be presumed that these,except the authros of the musical score specially created,cede to the producer the exclusive rights with regard to theexploitation of t he work as a whole, provided under Article


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13 paragraphs a), b), c), f), g), h), i), j), k), and l), article 16,article 17, and Article 18 as well as the right to authorize thedubbing and sub-titling, in exchange for a fair remuneration.

(2) Failing a convention to the contrary, the authors of anaudiovisual work as well as other authors of somecontributions to it shall preserve all rights on the separateexploitation of their own contributions to it, under the termsof the present law.

AAAArrrrtttt.... 77771111.... Ñ (1) Failing a convention to the contrary, theremuneration for each mode of exploitation of theaudiovisual work shall be proportional to the gross earningsresulted from the exploitation.

(2) The producer shall be under an obligation periodicallyto hand over to the authors an account of the takings aftereach mode of exploitation. The authors shall receive theirdue remunerations either through the producer, or directlyfrom the users, or through the bodies of collectiveadministration of the copyrights, on the basis of the generalcontracts concluded by these with the users.

(3) Should the producer fail to finalize the audiovisualwork within a period of five years after the conclusion of thecontract or should the producer fail to circulate theaudiovisual work within a year after it was finalized, the co-authors may request the cancellation of the contract, if nototherwise agreed.

CHAPTER IXComputer programs

AAAArrrrtttt.... 77772222.... Ñ (1) Under the present law, the protection ofcomputer programs shall include any expression of aprogram, application programs and operation systemsexpressed in any kind of language, either in source-code, orobject-code, the preparatory conceptive material as well asthe handbooks.

(2) The operating methods, procedures, and ideas, themathematical concepts, and the principles underlying anyelement in a computer program, those underlying itsinterfaces inclusive, shall not be protected.

AAAArrrrtttt.... 77773333.... Ñ The author of a computer program shallcorrespondingly benefit by the rights provided under the


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present law, in Part I of the present Title, particularly by theexclusive right to realize and to authorize:

a) the temporary or permanent reproduction of aprogram, integrally or partially, by any means, and underany form, the case in which the reproduction should bedetermined by the charging, displaying, transmission, orstocking the program on the computer;

b) the translation, adaptation, arranging and any othertransformations operated on a computer program as well asthe reproduction of the result of these operations withoutbeing detrimental to the rights of the person who transformsthe computer program;

c) the circulation of the original or of copies of acomputer program in any form, by rental inclusive.

AAAArrrrtttt.... 77774444.... Ñ Failing a convention to the contrary, thepatrimonial copyrights on computer programs created byone or several employees engaged in the exercise of servicepowers and duties, or carrying out the instructions of theperson employing them shall belong to the latter.

AAAArrrrtttt.... 77775555.... Ñ (1) Failing a convention to the contrary, by acontract for the use of a computer program, it shall bepresumed that:

a) the user is granted the non-exlcusive right of using thecomputer program;

b) the user may not transmit to another person the rightto use the computer program.

(2) The transfer of the right to use a computer programshall not imply the transfer of the copyright on it, too.

AAAArrrrtttt.... 77776666.... Ñ Failing a convention to the contrary, thereshall not be submitted to an authorization of the copyright'sholder the deeds provided under Article 73 paragraphs a)and b), if these are necessary to permit the acquirer to usethe computer program in a way corresponding to itsdestination, for the correction of errors inclusive.

AAAArrrrtttt.... 77777777.... Ñ (1) The authorized user of a computer programmay, without the author's authorization, make an archivecopy or a safety copy, to the extent in which this is necessaryfor ensuring the use of the program.

(2) The authorized user of a computer program copy may,without the authorization of the computer right's holder,observe, study, or test the operation of this program, for the


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purpose of determining the principles and ideas underlyingany of its elements on the occasion of carrying out anyoperation of loading into the memory, displaying,conversion, transmission or stocking of the program,operations which the authorized user is entitled to carry out.

(3) The provisions under Article 10 paragraph e) of thepresent law shall not apply to computer programs.

AAAArrrrtttt.... 77778888.... Ñ The authorization of the copyright's holdershall not be mandatory when the reproduction of the codeor translation of the form of this code should beindispensable for obtaining information required for theinteroperability of a computer program with other computerprograms, if the following conditions should have beenfulfilled:

a) the translation and reproduction acts are carried out bya person holding the right of use of a copy of the program,or by a person carrying out these actions in the name of theprevious one, being duly authorized to this end;

b) the necessary information for interoperability shallnot be easily and rapidly accessible to persons providedunder paragraph a) of the present article;

c) the acts provided under paragraph a) of the presentarticle are limited to parts of the program required for theinteroperability.

AAAArrrrtttt.... 77779999.... Ñ Information obtained by application of Article 78:a) may not be used for other purposes than the

realization of the interoperability of the independentlycreated computer program;

b) may not be communicated to other people, except thecase when the communication should prove necessary forthe interoperability of the independently created computerprogram;

c) may not be used for the finalizing, production, ortrading of a computer program whose expression is basicallysimilar or by any other act that might damage the author'srights.

AAAArrrrtttt.... 88880000.... Ñ The provisions under articles 78 and 79 shallnot apply if a prejudice is caused to the holder of thecopyright or to the normal exploitation of the computerprogram.


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AAAArrrrtttt.... 88881111.... Ñ The provisions under Chapter VI of the presentTitle shall not apply to computer programs.

CHAPTER XWorks of plastic art, architecture, and photography

AAAArrrrtttt.... 88882222.... Ñ The natural or juristic person organizing artexhibitions shall be accountable for the integrity of theworks exhibited by taking the necessary measures for theremoval of any risk.

AAAArrrrtttt.... 88883333.... Ñ (1) The reproduction contract of an art workshould contain indications permitting the identification ofthe work, such as a summary description, a sketch, adrawing, a photograph as well as references to the author'ssignature.

(2) Reproductions shall not be put up for sale without thecopyright holder's approval of the copy that was submittedto his or her examination.

(3) The author's name or pseudonym or any other signpermitting the identification of the work should appear onall of its copies.

(4) The original models and other elements having servedto the maker of the reproductions should be returned totheir holder with any title, if not otherwise agreed.

(5) Instruments specially created for the reproduction ofthe work must be destroyed or rendered useless, if theholder of the copyright on the work should not acquirethem, and if not otherwise agreed.

AAAArrrrtttt.... 88884444.... Ñ (1) Architectural and urbanistic studies andprojects exhibited close to the site of the architectural workas well as the construction achieved from them must bearwritten in a visible place the name of the author, if nototherwise agreed by contract.

(2) The construction of an architectural work totally orpartially realized after another project shall be made onlywith the agreement of the copyright's holder on that project.

AAAArrrrtttt.... 88885555.... Ñ (1) The photograms of cinematographic filmsshall be considered photographic works.

(2) There shall not benefit by the legal protection of thecopyright: photographs of letters, documents and acts ofany kind, technical drawing, and other similar materials.


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AAAArrrrtttt.... 88886666.... Ñ (1) The right of the author of a photographicwork to exploit his or her own work should not beprejudicial to the rights of the author of the art workreproduced in the photographic work.

(2) The patrimonial rights on a photographic work createdin the execution of an individual labour contract or onorder shall be presumed to belong for a period of threeyears to the employer or the person having ordered it, if nototherwise provided under the contract.

(3) Alienation of the negative of a photographic workshall have as an effect the transmission of the patrimonialrights of the holder of the copyright in it, if not otherwiseprovided under the contract.

AAAArrrrtttt.... 88887777.... Ñ (1) A person's photograph, when made on order,may be published or reproduced by the personphotographed or that person's successors without theauthor's consent, if not otherwise agreed.

(2) If the name of the author appears on the originalphotograph, it must be mentioned on the reproductions,too.

CHAPTER XIProtection of the portrait, of the mail addresse and of

the confidentiality of the information source

AAAArrrrtttt.... 88888888.... Ñ (1) The circulation of a work containing aportrait shall require the authorization of the personrepresented in that portrait. Its author, owner, or proprietorshall not have the right to reproduce it or to communicateit publicly without the represented personÕs consent, or theconsent of that personÕs successors, for a period of twentyyears after the respective personÕs death.

(2) Failing an agreement to the contrary, the authorizationshall not be required if the person represented in theportrait should be a professional model or have received aremuneration for the sitting.

(3) The authorization shall not be necessary for thecirculation of a work containing the portrait:

a) of a person generally known, if the portrait was takenon the occasion of that personÕs public activities;


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b) of a person whose representation constitutes only adetail of a work representing an assembly, a landscape, or apublic function.

AAAArrrrtttt.... 88889999.... Ñ The circulation of a correspondence addressedto a person shall require the authorization of the addressee,and after the addresseeÕs death, for a period of twenty years,of the addresseeÕs successors, if the addressee should nothave expressed a different wish.

AAAArrrrtttt.... 99990000.... Ñ The person represented in a portrait and theperson to whom the correspondence is addressed mayexercise the right provided under Article 10 paragraph d)under the present law with regard to the circulation of thework containing the portrait or correspondence, as the casemay be.

AAAArrrrtttt.... 99991111.... Ñ (1) At the authorÕs request, the publisher orproducer shall be under an obligation to observe theconfidentiality of the information sources used in the worksand to refrain from publishing documents referring to it.

(2) The divulgation of the confidentiality shall bepermitted by the consent of the person who has entrustedit, or on the basis of a final and irrevocable judgment.

TITLE IINNNNeeeeiiiigggghhhhbbbboooorrrriiiinnnngggg rrrriiiigggghhhhttttssss

CHAPTER ICommon provisions

AAAArrrrtttt.... 99992222.... Ñ (1) The neighboring rights shall not impair thecopyrights. No provision of the present title shall beinterpreted in the sense of a limitation of the exercise of thecopyright.

(2) Patrimonial rights acknowledged in the presentchapter may be transmitted, as a whole or in part, accordingto common law. These rights may form the object of anexclusive or non-exclusive transfer.

AAAArrrrtttt.... 99993333.... Ñ In the sense of the present law, fixing shall beconsidered to be the embodiment of codes, sounds, images,or of sounds and images, or of their numerical


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representations, on any kind of material carrier, evenelectronic, permitting their perception, reproduction, orcommunication in any way whatsoever.

AAAArrrrtttt.... 99994444.... Ñ There shall be acknowledged and protected asholders of neighboring rights the interpreting or executingartists, for their own interpretations or executions, theproducers of sound recordings, for their own recordings,and the television and radio broadcasting bodies, for theirown broadcasts.

CHAPTER IIThe rights of interpreting and performing artistes

AAAArrrrtttt.... 99995555.... Ñ In the sense of the present law, by interpretingor performing artistes shall be understood: actors, singers,musicians, dancers, and other people presenting, singing,dancing, reciting, uttering with rhetorical effect, acting,interpreting, directing, conducting, or executing in any otherway a literary or artistic work, a performance of any kind,folklore performances inclusive, variety, circus, or puppets.

AAAArrrrtttt.... 99996666.... Ñ The interpreting or executing artiste shall havethe following moral rights:

a) the right to claim the acknowledgment of the paternityof his or her own interpretation, respectively execution;

b) the right to claim that his or her name or pseudonymshould be shown or communicated at each performanceand at each of its recordings;

c) the right to claim the observance of the quality of hisor her renderings and to oppose any distortion, falsification,or other substantial modification of his or her interpretationor execution or any infringement of his or her rights thatmight gravely impair his or her honour or reputation;

d) the right to object to any utilization of his or herperformance if by this utilization serious injuries shouldbe caused to his or her personality.

AAAArrrrtttt.... 99997777.... Ñ (1) The rights provided under Article 96 maynot form the object of some renunciation or alienation.

(2) After the interpreting or executing artisteÕs death, theexercise of the rights provided under Article 96 shall betransmitted by inheritance, according to the civil legislation,for an unlimited period of time.


c. 10 145

AAAArrrrtttt.... 99998888.... Ñ The interpreting or performing artiste shallhave the exclusive patrimonial right to authorize:

a) the fixing of his or her rendering;b) the reproduction of the fixed rendering;c) the circulation of the fixed rendering by selling,

renting, lending, or by any other mode of transmission fora consideration or for free;

d) the presentation in a public place or the publiccommunication of the rendering fixed or not fixed on amaterial carrier;

e) the adaptation of the fixed rendering;f) the emission or transmission by television or radio

broadcasting of his or her rendering, fixed or not fixed ona material carrier, the retransmission by wireless means, bywire, by cable, by satellite, or by any other similarprocedure.

AAAArrrrtttt.... 99999999.... Ñ (1) Interpreting or executing artistesparticipating actively in the same rendering, such asmembers of a musical group, of a choir, of an orchestra, ofa ccccoooorrrrppppssss ddddeeee bbbbaaaalllllllleeeetttt, or of a theatrical company shall have todesignate a representative from among themselves forgranting the authorization provided under Article 98.

(2) The representative shall be designated in writing, withthe agreement of a majority of the groupÕs members.

(3) The director, the conductor, and the soloists shall beexcepted from the provisions of the previous paragraphs.

AAAArrrrtttt.... 111100000000.... Ñ In case of a rendering effected by theinterpreting or executing artiste within the framework of anindividual contract of employment the patrimonial rightprovided under Article 98 may be transmitted to theemployer on condition that the transmission of the right beexpressly stipulated in the individual contract ofemployment.

AAAArrrrtttt.... 111100001111.... Ñ (1) Failing a convention to the contrary, theinterpreting or executing artiste having participated in therealization of an audiovisual work or of a sound recordingshall be presumed to cede to their producer the exclusiveexploitation right of his or her rendering by fixing,reproduction, public communication and circulation. For thepublic communication, the interpreting or executing artisteÕsdue shall be of fifty per cent of the producerÕs takings.


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(2) The provisions under articles 43, 44, and 68 paragraph(1) shall apply to interpreting or executing artistes, too.

AAAArrrrtttt.... 111100002222.... Ñ The length of time of the patrimonial rights ofinterpreting or executing artistes shall be of fifty years,beginning after the date of the 1st of January of the yearfollowing upon that in which the first fixing took place, or,failing which, the first communication to the public.

CHAPTER IIIThe rights of the producers of sound recordings

AAAArrrrtttt.... 111100003333.... Ñ (1) A sound recording or phonogram, in thesense of the present law, shall be considered to be anyexclusively sonorous fixing of the sounds coming from theinterpretation or execution of a work or of other sounds orof the numerical representations of these sounds, whatevermight be the method and the material carrier used for thisfixing. An audiovisual fixing or the sound part of it or itsnumerical representation shall not be considered a soundrecording.

(2) The producer of sound recordings shall be the naturalor juristic person assuming the responsibility of organizingand financing the realization of the first fixing of thesounds, whether this constitutes a work in the sense of thepresent law or not.

AAAArrrrtttt.... 111100004444.... Ñ In the case of the reproduction and circulationof sound recordings, the producer shall be entitled toinscribe on their material carrier, the covers, boxes, andother material packing supports, in addition to the mentionswith regard to the author and interpreting or performingartiste, the titles of the works and the manufacturing date,the name and logotype of the producer.

AAAArrrrtttt.... 111100005555.... Ñ (1) The producer of sound recordings shallhave the exclusive patrimonial right to authorize:

a) the reproduction of his or her own sound recordings;b) the circulation of his or her own sound recordings by

selling, renting, lending or in any other way of transmissionfor a consideration or for free;

c) the emission or transmission by television or radiobroadcasting of his or her own sound recordings, theretransmission by wireless means, by wire, by cable, by


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satellite, or by any other similar procedure or means ofcommunication to the public;

d) the introduction in a public place of his or her ownsound recordings;

e) the adaptation of his or her own sound recordings;f) the import into RomaniaÕs territory of legally realized

copies of his or her own sound recordings.(2) Likewise, the producer of sound recordings shall have

the exclusive patrimonial right of preventing the import ofcopies from his or her own sound recordings realizedwithout his or her authorization.

(3) The rights provided under paragraphs (1) and (2) shallbe transmitted by exclusive or non-exclusive transfer, underthe terms provided for the copyright under articles 42and 43.

(4) The provisions under paragraph (1) sub-paragraph f)shall not apply when the import is made by a natural personwithout commercial purposes.

AAAArrrrtttt.... 111100006666.... Ñ (1) The duration of the patrimonial rights ofthe producers of sound recordings shall be of fifty years,beginning after the date of the 1st of January the followingyears of that in which the first fixing shall have taken place.

(2) In case that the sound recording shall be made knownto the public during this period, the duration of thepatrimonial rights shall expire after the passage of fiftyyears after the date when it was publicly made known.

CHAPTER IVProvisions common to authors, interpreting

or performing artistes, and to producers of sound and of audiovisual recordings

AAAArrrrtttt.... 111100007777.... Ñ (1) The authors of sound or audiovisual worksrecorded on any kind of material carriers shall have theright, together with the publishers and producers of therespective works and with the interpreting and performingartistes whose performances and executions are fixed onthese material carriers to a compensatory remuneration forthe private copy carried out under the terms set out underArticle 34 paragraph (2) under the present law.


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(2) The remuneration provided under paragraph (1) shallbe paid by the manufacturers or importers of materialcarriers usable to the reproduction of the works, and bythe manufacturers or importers of devices permitting theirreproduction. The remuneration shall be paid at themoment when these material carriers and devices shall beplaced into circulation in the national territory and shallrepresent five per cent of the selling price of the materialcarriers and devices made in the home Country, respectivelyfive per cent of the price inscribed in the documents of theCustoms bodies for imported material carriers and devices.

(3) The remuneration provided under paragraph (1) shallbe distributed through the agency of the collectiveadministration bodies between the authors, interpreting orexecuting artistes, publishers, and producers, as follows:

a) in the case of sound works recorded on materialcarriers, forty per cent of the remuneration shall be due, innegociable parts, to the authors and publishers of therecorded works, and the remaining sixty per cent shall bedue, in equal parts, to the interpreting or executing artistes,on the one hand, and the producers of sound recordings, onthe other hand;

b) in the case of audiovisual works recorded on materialcarriers, the remuneration shall be divided in equal partsbetween the authors, interpreting or performing artistes,and producers.

(4) The collecting of the sums due on the grounds ofparagraph (1) shall be made by a single collectiveadministration body for a field designated by the RomanianCopyright Office. The distribution procedure of these sumsof money among the beneficiaries shall be established by aprotocol negotiated among them.

(5) The collective administration bodies collecting thesums due on the grounds of paragraph (1) shall have theright to request from the manufacturers and importersinformation regarding the situation of the sales and,respectively, imports of material carriers and devices and tocheck their exactness.

(6) The right provided under paragraph (1) cannot formthe object of a renunciation on behalf of the authors and ofthe interpreting or executing artistes.


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AAAArrrrtttt.... 111100008888.... Ñ The remuneration provided under Article 107shall not be paid in case the non-recorded video or audiomaterial carriers manufactured in the Country or importedare traded wholesale by the producers of audiovisual andsound recordings, or by television and radio broadcastingbodies for their own broadcasts.

AAAArrrrtttt.... 111100009999.... Ñ (1) The authors and publishers of works fixedon a graphic or analogous material carriers shall be entitledto a compensatory remuneration for the private copyeffected under the terms of Article 34 of the present law.

(2) The remuneration provided under paragraph (1) shallbe paid by the manufacturers or importers of devicespermitting the reproduction of works fixed on a graphic oranalogous material carriers. The remuneration shall be paidat the moment when these devices shall be put intocirculation in the national territory, and shall represent fiveper cent of the selling price of the devices manufactured inthe country, respectively five per cent of the value inscribedin customs documents for imported devices.

(3) The remuneration provided under paragraph (1) shallbe distributed through the agency of the collectiveadministration bodies equally between the author and thepublisher.

(4) The collecting of sums due on the grounds ofparagraph (1) shall be made by a single collectiveadministration body for each domain, designated by theRomanian Copyright Office. The distribution procedure ofthese sums of money among the beneficiaries shall beestablished by a protocol negociated among them.

AAAArrrrtttt.... 111111110000.... Ñ The provisions under articles 107 and 109shall not apply to the import of devices and material carriersfor reproduction, effected by a person, without commercialpurpose.

AAAArrrrtttt.... 111111111111.... Ñ The circulation of the copies of an artisticperformance or of a sound recording, subsequent to theirfirst circulation, shall no longer require the neighboringrights titularÕs authorization, except for renting and forimport.

AAAArrrrtttt.... 111111112222.... Ñ The provisions under articles 33, 34, and 38shall apply, similarly, to executing and interpreting artistesand to producers of sound recordings.


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CHAPTER VTelevision and radio broadcasting bodies

Section 1The rights of television and radio broadcasting bodies

AAAArrrrtttt.... 111111113333.... Ñ (1) Television and radio broadcasting bodiesshall have the exclusive patrimonial right to authorize,under the authorized personÕs obligation to mention thename of the bodies, the following:

a) the fixing of their own radio or television programs;b) the reproduction of their own radio or television

programs fixed on any kind of material carrier;c) the circulation of their own radio or television

programs fixed on any kind of material carrier by selling,renting, lending, or by any other mode of transmission fora consideration or free of charge;

d) the retransmission of their own radio or televisionprograms by wireless means, by wire, by cable, by satellite,or by any other similar procedure as well as in any othermode of communication to the public;

e) the communication of their own radio or televisionprograms in a place accessible to the public against paymentof an entrance-fee;

f) the adaptation of their own radio or televisionprograms fixed on any type of material carrier;

g) the import into RomaniaÕs territory of legally realizedcopies from their own radio or television programs fixed onany kind of material carrier.

(2) Likewise, radio and television bodies shall havethe exclusive patrimonial right to prevent the importof copies realized without their authorization, fromtheir own radio or television programs fixed on anytype of material carrier.

(3) The rights provided under paragraphs (1) and (2) shallbe transmitted by exclusive or non-exclusive transfer underthe terms provided for the copyright under articles 41and 43.

(4) The provisions of paragraphs (1) sub-paragraph f) shallnot apply when the import is made by a natural personwithout commercial purposes.


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AAAArrrrtttt.... 111111114444.... Ñ The duration of the rights provided under thepresent chapter shall be of fifty years beginning on the 1stof January of the year following upon that in which the firstbroadcast or transmission of the television or radiobroadcasting bodyÕs program had taken place.

AAAArrrrtttt.... 111111115555.... Ñ The circulation of a radio or televisionprogram fixed on any kind of material carrier subsequent tothe first circulations shall not require the neighboring rightsholderÕs authorization, except for renting.

AAAArrrrtttt.... 111111116666.... Ñ The provisions under articles 33, 34, and 38shall apply similarly to television and radio broadcastingbodies as well.

Section 2Public communication by satellite

AAAArrrrtttt.... 111111117777.... Ñ (1) Television and radio broadcasting bodieshaving as an object of activity the public communication ofprograms by satellite shall have to develop their activityunder observance of the copyright and of the neighboringrights protected by the present law.

(2) In the sense of the present law, through publiccommunication via satellite shall be understood theintroduction, under the control and responsibility of atelevision and radio broadcasting body situated in RomaniaÕsterritory, of program bearing signals intended to be receivedby the public in an uninterrupted communication linkleading to the satellite and returning to Earth.

AAAArrrrtttt.... 111111118888.... Ñ (1) In case that the signals bearing programsare circulated in an encoded form, their introduction intothe communication link shall be considered publiccommunication, if the decoding device of the broadcast isput at the publicÕs disposal by the respective body or with itsconsent.

(2) The responsibility of the public communication, incase the bearing signals are transmitted by a body situatedoutside RomaniaÕs territory, shall be ensured as follows:

a) if the signals are transmitted to the satellite throughthe agency of an ascensional linking station situated inRomaniaÕs territory, the responsibility devolves upon theperson exploiting the station;


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b) if no call is made on an ascensional linking station, butthe communication to the public has been authorized by abody whose seat is in Romania, the responsibility devolvesupon the body having authorized it.

AAAArrrrtttt.... 111111119999.... Ñ (1) The holders of the copyright or of theneighboring rights may transfer their rights on publiccommunication via satellite only through a contractconcluded individually or through the agency of a collectiveadministration body.

(2) The framework-contract concluded between a collectiveadministration body and a television or radio broadcastingbody for the transmission of a class of works belonging to acertain field shall produce its effects also against the holdersof rights who are not represented by the collectiveadministration bodies, if this communication to the publicvia satellite shall take place simultaneously with theterrestrial circulation effected by the same circulating body.The holder of rights not represented shall have thepossibility at any moment to remove the generation of theframework-contractÕs effects by an individual contract.

(3) The provisions under paragraph (2) shall not apply toaudiovisual works.

Section 3Retransmission by cable

AAAArrrrtttt.... 111122220000.... Ñ In the sense of the present law, by publiccommunication realized via retransmission by cable shall beunderstood the integral, unchanged, and simultaneousretransmission by cable or by a short wave circulationsystem for the reception by the public of an initialtransmission of television or radio broadcasts circulated tothe public by wire or wireless.

AAAArrrrtttt.... 111122221111.... Ñ (1) The holders of the copyright or of theneighboring rights may exercise their rights to authorize orprohibit the retransmission by cable on the ground ofcontracts concluded through the agency of a collectiveadministration body.

(2) If some holders of rights shall not have entrusted themanagement of their rights to a collective administrationbody, the body managing the rights from the same classshall be considered ddddeeee jjjjuuuurrrreeee the manager of their rights, too.


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If in this field there be several collective administrationbodies, the holder of rights may exercise an option amongthem. The claiming of rights by these holders may be madewithin a term of three years after the date of theretransmission by cable.

(3) The exercise of the retransmission right by cable by atelevision and radio broadcasting body for its own programsshall be made by contracts concluded with cable distributors.

(4) The retransmission by cable, without the rightstitularsÕ consent and without payment of a remunerationshall be permitted only in the case of the public televisionand radio broadcasting bodiesÕ own programs with nationalcoverage as well as of those of the television and radiobroadcasting bodies whose programs are retransmitted bycable compulsorily, according to the regulations in force.

AAAArrrrtttt.... 111122222222.... Ñ If the conclusion of a contract for theretransmission by cable should fail to be agreed upon by theparties, they shall be free to appeal to arbitrators appointedaccording to the provisions of the Code of civil procedure.

TITLE IIIMMMMaaaannnnaaaaggggeeeemmmmeeeennnntttt aaaannnndddd pppprrrrooootttteeeeccccttttiiiioooonnnn ooooffff tttthhhheeee ccccooooppppyyyyrrrriiiigggghhhhtttt

aaaannnndddd ooooffff tttthhhheeee nnnneeeeiiiigggghhhhbbbboooorrrriiiinnnngggg rrrriiiigggghhhhttttssss

CHAPTER IManagement of the patrimonial

copyrights and of the neighboring rights

Section 1General provisions

AAAArrrrtttt.... 111122223333.... Ñ (1) The holders of the copyright and of theneighboring rights may exercise their rights acknowledgedby the present law personally or at their request by collectiveadministration bodies.

(2) The copyright and the neighboring rights, which, bytheir nature, correspond to a mode of exploitation of theworks or performances, making the individual authorizationimpossible, shall especially be susceptible to collective


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administration. To this class belong especially the rightsprovided under article 13 paragraphs g), h), j), and l) andarticles 17, 18, 102, 107, and 109, under the present law.

Section 2Collective copyright and neighboring righs administration bodies

AAAArrrrtttt.... 111122224444.... Ñ Within the meaning of the present law,collective copyright and neighboring rights administrationbodies, called ccccoooolllllllleeeeccccttttiiiivvvveeee aaaaddddmmmmiiiinnnniiiissssttttrrrraaaattttiiiioooonnnn bbbbooooddddiiiieeeessss in the contentsof the law, shall be juristic persons constituted by freeassociation, having as main object of activity the collectionand distribution of the rights whose administration hasbeen entrusted to them by the holders.

AAAArrrrtttt.... 111122225555.... Ñ (1) The collective administration bodiesprovided under the present chapter shall be subject to theregulations with regard to non-profit associations and mayacquire legal personality under the terms of the law, withthe advisory opinion of the Romanian Copyright Office.

(2) These bodies shall be created directly by the holdersof the copyrights or of the neighboring rights: authors,interpreting or executing artistes, producers, television andradio broadcasting bodies as well as other holders ofcopyrights or of neighboring rights, natural or juristicpersons. These bodies shall act within the limits of themandate entrusted, and on the basis of the statute adoptedby the procedure provided under the law.

(3) Collective administration bodies may be createdseparately for the administration of distinct classes of rights,corresponding to different domains of creation as well as forthe administration of rights belonging to distinct classes ofholders.

AAAArrrrtttt.... 111122226666.... Ñ (1) The advisory opinion provided underArticle 125 paragraph (1) shall be vouchsafed to the collectiveadministration bodies having their seat in Romania, which:

a) have to be constituted or function according to legalregulations at the date of coming into force of the presentlaw;

b) prove the existence of a repertory of works of theirmembers, and of the human and material means requiredfor its exploitation;


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c) have adopted a statute fulfilling the conditionsprovided under the present law;

d) have the legal and economic capacity to manage therights all over the Country's territory;

e) are accessible, according to the express provisions oftheir own statute, to any holder of the copyright or ofneighboring rights from the domain for which they are setup.

(2) The decision of the Romanian Copyright Office on thegranting of the favourable advisory opinion to a collectiveadministration body for exercising its rights shall be publishedin the Monitorul Oficial (Oficial Gazette of Romania) at theexpenses of the collective administration body.

AAAArrrrtttt.... 111122227777.... Ñ The collective management body's statute shallhave to include provisions with regard to:

a) the name, domain, and object of the activity, indicatingthe rights it shall administer on the basis of the repertory ofworks constituted to this end;

b) the conditions in which the administration of therights shall be achieved for their holders, on the basis of theequality of treatment principle;

c) the rights and obligations of their members in relationswith the collective administration body;

d) the management and representation bodies, theirpowers and duties, and functioning;

e) the provided economic resources and initial patrimony;f) the rules applicable to the distribution of the collected

rights;g) the modalities of establishing the commission owed by

the holders of rights to the collective administration body, inview of covering the necessary functioning expenses;

h) the modalities of verifying the economic and financialadministration by members;

i) any other compulsory provisions according to thelegislation in force.

AAAArrrrtttt.... 111122228888.... Ñ In case that in a domain of creation there ismore than one collective administration body, the competentbody, under the terms of the present law, shall be the oneto which the holder of the rights associated himself. In casethat the holder of the rights should not be associated to anycollective administration body, the competence shall be


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incumbent on the body in the domain, appointed by theholder of the rights. The claiming of rights by these holdersmay be made within a term of three years after theexploitation of the rights.

AAAArrrrtttt.... 111122229999.... Ñ (1) The mandate of collective management ofthe patrimonial copyrights and neighboring rights shall begiven either directly by the holders of the copyrights or ofthe neighboring rights by written contracts, or by adequatecontracts concluded with foreign bodies administeringsimilar rights.

(2) The provisions under Title I (Chapter VII, Section 1)shall not apply to the mandate contracts provided underparagraph (1).

(3) Any holder of a copyright or of neighboring rights mayentrust by contract the exercise of his or her rights to acollective administration body, the latter having to accept theexercise of these rights on a collective basis, if theadministration of the class of rights in question comeswithin the compass of its statutory activity.

(4) Collective administration bodies may not be habilitatedto ensure the exploitation of works and of neighboringrights for which they received a collective administrationmandate.

Section 3Functioning of collective administration bodies

AAAArrrrtttt.... 111133330000.... Ñ (1) Collective administration bodies shall havethe following obligations:

a) to grant to the users, by contract, in exchange of aremuneration, the non-exclusive authorizations to use theworks or performances, respectively executions of thetitulars of the rights, in from of a non-exclusive transfer.

b) to elaborate tables for their domain of activity,including the patrimonial rights due as well as themethodologies that have to be negotiated with the users inview of the payment of these rights, in the case of thoseworks whose mode of exploitation makes impossible anindividual authorization by the holders of the rights.

c) to conclude, in the name of the holder of rights or onthe basis of the mandate granted by similar bodies fromabroad, general contracts with the organizers of


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performances, television and radio broadcasting and cableretransmission bodies, having as an object the authorizationof the representation and circulation of present or futureworks or performances inscribed in their repertory.

d) to represent the interests of their members in regardto the exploitation of their works outside Romania's territoryby the conclusion of bilateral contracts with similar bodiesfrom abroad as well as by affiliation to non-governmentalinternational bodies in the domain;

e) to collect the sums of money due by the users and todistribute them among the holders of rights according to theprovisions under the statute;

f) on request, to infrom the holders of the copyrights orof the neighboring rights on the mode of use of their rightsand to apprise them of the yearly financial statement, andof the financial accounting verification statement;

g) to give specialist assistance to the holders of rights, andto represent them within the framework of legal proceduresregarding the object of their activity;

h) to fulfill any other activity conformably to the mandatereceived from the holders of the copyrights or of theneighboring rights, within the limits of their object ofactivity;

i) to request the users to communicate information andhand over documents indispensable for determining thequantum of the remuneration and of the taxes they collect.

(2) The elaboration of the tables and methodologiesprovided under paragraph (1) sub-paragraph b) shall bemade on the basis of their negotiation with therepresentatives of the users employer's associations.

AAAArrrrtttt.... 111133331111.... Ñ (1) The tables and methodologies providedunder article 130 paragraph (1) sub-paragraph b) shall benegotiated within the framework of a commission consistingof:

a) one representative each of the principal collectiveadministration bodies functioning in a domain;

b) one representative each of the principal employersassociations of users in a domain.

(2) Collective administration bodies as well as theemployers associations of the users, represented in the


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commission, for each domain, shall be appointed by theRomanian Copyright Office.

(3) The negotiated tables and methodologies shall bepresented for advice to the Romanian Copyright Office,which shall forward them for approval to the Governmentwithin thirty days.

(4) In the situation in which, following upon thenegotiations, the commission failed to establish the tablesand methodologies within ninety days after the day of itsconstitution, the tables and methodologies shall be presentedfor mediation to the Romanian Copyright Office. In view ofthe mediation, the Romanian Copyright Office shall convokethe negotiating parties, examine their points of view, anddecide on the final form of the tables and methodologies,which it shall forward to the Government for approval,within thirty days after the day of reception.

(5) The tables and methodologies approved byGovernment decision shall be compulsory for the users nothaving participated in the negotiations, too.

(6) The Romanian Copyright Office may be apprised witha new advice application of the tables and methodologies inview of their modification by any of the parties havingnegotiated them, but not earlier than three years after theirapproval with a view of the established percentageremuneration.

(7) The remuneration established in a fixed amount ofmoney may be modified periodically by the collectiveadministration bodies simultaneously with the indexation ofincomes established at national level. The new remunerationshall become effective beginning with the month followingupon its communication to the users.

AAAArrrrtttt.... 111133332222.... Ñ The collective administration of copyrightsand of neibhoring rights can be made only for works andperformances having previously been made known to thepublic.

AAAArrrrtttt.... 111133333333.... Ñ (1) The collective administration bodies, withinthe negotiations carried on according to Article 130paragraph (1) sub-paragraph b) in the name of the memberswhose rights they administer may not pretend more thanten per cent in all from the users for the copyrights, and,respectively three per cent for the neighboring rights, from


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the gross takings, failing which, from the expensesoccasioned by the utilization.

(2) The collection of the sums owed by the users shall bemade by a single collective administration body, for adomain, appointed by the Romanian Copyright Office, onthe criterion of representativity. The distribution of thesesums of money between the beneficiary collectiveadministration bodies shall be made on the basis of aprotocol negotiated among them.

AAAArrrrtttt.... 111133334444.... Ñ (1) The exercise of the collective administrationentrusted by the mandate contract may not in any wayrestrain the patrimonial rights of the holders.

(2) The collective administration shall be exercisedaccording to the following rules:

a) decisions regarding the methods and rules of collectionof the remuneration and of other sums of money from theusers and those of their distribution among the holders ofrights as well as those regarding other more importantaspects of the collective administration shall have to betaken by members according to the statute;

b) the holders whose rights are managed by a collectiveadministration body must periodically receive exact,complete and detailed information on all activities of thecollective administration body;

c) failing an express authorization from the holders whoserights are administered, no remuneration perceived by acollective administration body may be used for otherpurposes, such as cultural, or social ones, or to financepromotion activities other than those for covering the realcosts of the administration of the rights in question and todistribute to them the sums of money left over afterdeduction of these costs;

d) the sums of money collected by a collectiveadministration body, after deduction of the real costs of thecollective administration, shall be taxed according to thelegal provisions in the matter. After other deductionsauthorized by the holders of rights, in agreement with theprovisions under paragraph c), the respective sums of moneyshall be distributed among the holders in proportion to thereal use of their works.


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AAAArrrrtttt.... 111133335555.... Ñ (1) The collective administration bodies shallbe under an obligation to provide the Romanian CopyrightOffice with information linked to the exercise of their ownduties and powers and to put at its disposal in the firstquarter of each year the yearly report approved by thestatutory general assembly, and the report of the auditingcommission on the verification of the economic andfinancial administration.

(2) In case that the collective administration body nolonger fulfils the conditions provided under Article 124, ormanifestly and repeatedly infringes the obligations providedunder Article 130 and under paragraph (1) of the presentarticle, the Romanian Copyright Office may grant to thecollective administration body a term for abiding the law. Asa result of the non-observance of these obligations, theRomanian Copyright Office may request a court to suppressthe respective collective administration body.

AAAArrrrtttt.... 111133336666.... Ñ The existence of collective administrationbodies shall not prevent the holders of the copyrights and ofthe neighboring rights from having recourse to specializedagents, natural or juristic persons, to represent them atindividual negotiations regarding the rights acknowledgedunder the present law.

CHAPTER IIThe Romanian Copyright Office

AAAArrrrtttt.... 111133337777.... Ñ (1) At the date of the coming into force of thepresent law, the Romanian Agency for the CopyrightProtection, a specialized body subordinated to the Ministryof Culture, shall change its name to TTTThhhheeee RRRRoooommmmaaaannnniiiiaaaannnnCCCCooooppppyyyyrrrriiiigggghhhhtttt OOOOffffffffiiiicccceeee, functioning as a specialized bodysubordinated to the Government, with single authority inRomania's territory with regard to the situation, observation,and control of the application of the legislation in thedomain of the copyright and of neighboring rights, thefunctioning and investment expenses being wholly financedfrom the State budget. The Ministry of Finance shall makethe adequate modifications in the State budget.

(2) The Government shall appoint the director-general ofthe Romanian Copyright Office as well as a number oftwenty arbitrators from among the candidates with a legal


c. 11 161

education designated by the collective administration bodies,associations of creators, interpreting or performing artistes,and of producers and bodies grouping entities whoseprofessional activity is linked to the use of works as well astelevision and radio broadcasting bodies.

(3) The arbitrators shall not be employees of theRomanian Copyright Office; they shall be entitled to aremuneration for their participation in the mediation ofthe tables and methodologies for the collection of the rightsadministered by the collective administration bodies asprovided under Article 130 paragraph (1) sub-paragraph b)of the present law.

(4) Regulations approved by the Government shallestablish norms regarding the structure of the personnel, theorganization and functioning of the Romanian CopyrightOffice as well as the functioning of the arbitrators body.

AAAArrrrtttt.... 111133338888.... Ñ The duties and powers of the RomanianCopyright Office shall be:

a) to organize and administer the record of works and ofauthors received from the collective administration bodiesfor author's rights and neighboring rights;

b) to grant advisory opinions on the constitution asjuristic persons under the terms of the law, of collectiveadministration bodies and to follow up the application of thelegislation by the bodies whose constitution it had advised;

c) to advise, under the terms of the law, the elaborationand negotiation of the tables and methodologies establishedby the collective administration bodies with the employersassociations of the users;

d) to exercise, at the request and expense of the holdersof protected rights, functions of observation and control onthe activities that might give rise to infringements of thelegislation on the author's rights and neighboring rights;

e) to intervene, by way of mediation, in the negotiationsbetween the collective administration bodies and the users,as specified under Article 131 paragraph (4);

f) to conclude finding statements on the infringements ofthe law, under the terms provided by the Code of criminalprocedure, and to inform the competent bodies in the caseof offences for which the criminal procedure is initiated eeeexxxxooooffffffffiiiicccciiiioooo;


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g) to elaborate programs of instruction, practical andtheoretical formation in the domain of the copyright and ofneighboring rights;

h) to keep up relations with similar specialized bodiesand with international organization in the domain, in whichthe Romanian Government is part.

CHAPTER IIIProcedures and sanctions

AAAArrrrtttt.... 111133339999.... Ñ (1) Violation of acknowledged and guaranteedrights under the present law shall involve civil,contraventional, or criminal responsibility, as the case maybe, according to the law. The procedural provisions shall bethose provided under the present law, completed with thoseof the common law.

(2) Holders of violated rights may solicit the courts orother competent bodies, as the case may be, theacknowledgement of their rights, the finding of theirviolation, and lay claim to redress of the prejudice inagreement with legal rules.

(3) In case of violation of rights acknowledged andprotected under the present law, their holders may solicitthe court or any other competent bodies according to thelaw, to dispose instantly the taking of measures forpreventing the production of imminent damages or forensuring their redress, as the case may be.

(4) Likewise, the holders of violated rights may solicitthe court to dispose the application of any of the followingmeasures:

a) the remittance of the takings realized by the illicit act,or, if the prejudice may not be redressed in this way, theremittance of the goods resulted from the illicit deed, inorder to cover the prejudice incurred, with a view to theirturning to good account, up to the integral coverage of theprejudice caused;

b) the destruction of the equipment and means in theproperty of the offender, whose unique or principal purposewas to produce the illicit act;

c) the removal from the commercial circuit byconfiscation and destruction of the unlawfully effectedcopies;


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d) the publication in the mass media of the court'sdecision at the expense of the offender.

(5) The provisions of paragraph (4) sub-paragraph c) shallnot apply to architectural constructions, if the destruction ofthe building is not called for by the circumstances of therespective case.

AAAArrrrtttt.... 111144440000.... Ñ There shall be an offence to be punished withimprisonment from one month to two years, or a fine fromLei two hundred thousand to Lei three million, unless itshall constitute a more severe offence, the deed of a personwho, without having the authorization or consent, as thecase may be, of the holder of the rights acknowledged by thepresent law:

a) makes a work publicly known; b) represents scenically, recites, executes or presents a

work directly, in any other public modality; c) permits the public access to computer data bases,

containing or constituting protected works; d) translates, publishes in collected works, adapts or

transforms a work to obtain a derivated work; e) fixes on a support the performance of an interpreting

or executing artiste; f) broadcasts or transmits by television or radio

broadcasting a performance, fixed of not fixed on a materialcarrier, or retransmits it by wireless means, by wire, bycable, by satellite, or by any other similar procedure, or byany other means of communication to the public;

g) presents in a public place the sound recordings of aproducer;

h) broadcasts or transmits by television or radiobroadcasting the sound recordings of a producer, orretransmits them by wireless means, by wire, by cable, bysatellite, or by any other similar procedure, or by any othermeans of communication to the public;

i) fixes television or radio broadcasting programs orretransmits them by wireless means, by wire, by cable, bysatellite, or by any other similar procedure, or by any othermeans of communication to the public;

j) communicates, in a place accessible to the public withpayment of an entrance fee, television or radio broadcastingprograms.


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AAAArrrrtttt.... 111144441111.... Ñ There shall constitute an offence and bepunished with imprisonment from three months to fiveyears, or with fine from Lei 500,000 to Lei 10 million thedeed of a person assuming without right the quality ofauthor of a work, or the deed of a person making publiclyknown a work under another name than the one decidedupon by the author, unless the deed constitutes a moresevere offence.

AAAArrrrtttt.... 111144442222.... Ñ There shall constitute an offence and bepunished with imprisonment from three months to threeyears, or with a fine from Lei 700,000 to Lei 7 million,unless the deed constitutes a more severe offence, the deedof a person who, without having the consent of the holderof the rights acknowledged by the present law shall:

a) reproduce a work iiiinnnn ttttoooottttoooo or in part; b) circulate a work; c) import for trading purposes in Romania's territory

copies from a work; d) exhibit publicly a work of plastic art, of applied art, of

photographic or architectural art; e) project publicly a cinematographic work or another

audiovisual work; f) broadcast a work by any means serving the wireless

propagation of signals, sounds, or images, via satelliteinclusive;

g) transmit a work to the public by wire, by cable, byoptic fibre, or by any other similar procedure;

h) retransmit a work by any means serving the wirelesspropagation of signals, sounds, or images, via satelliteinclusive, or retransmit a work by wire, by cable, by opticfibre, or by any other similar procedure;

i) broadcast or transmit in a place accessible to the publica work transmitted by television or radio broadcasting;

j) reproduce the performance of an interpreting orperforming artiste;

k) circulate the performance of an interpreting ofperforming artiste;

l) reproduce the sound recordings of a producer; m) circulate the sound recordings of a producer, by

renting inclusive;


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n) import for trading purposes into Romania the soundrecordings of a producer;

o) reproduce radio or television programs fixed on anykind of material carrier;

p) circulate, by renting inclusive, radio or televisionprograms fixed on any kind of material carrier;

r) import for trading purpose into Romania radio ortelevision programs fixed on any kind of material carrier.

AAAArrrrtttt.... 111144443333.... Ñ It shall be an offence to be punished withimprisonment from three months to two years, or a finefrom Lei 500,000 to Lei five million, unless it shall constitutea more severe offence, the deed of a person who shall:

a) put at the public's disposal by selling or in any otherway of transmission for a consideration or for free technicalmeans designed for the unauthorized erasing or neutralizingof the technical devices protecting a computer program;

b) refuse to declare to the competent bodies the origin ofa work's copies, or the origin of the material carriers onwhich a performance, or a television or radio program isrecorded, which are protected on the grounds of the presentlaw, and shall be in that person's possession in view ofbeing circulated.

AAAArrrrtttt.... 111144444444.... Ñ The criminal action shall be set in motion in thecase of the offences provided under articles 140, 141, and 142paragraphs a), c), j), l), n), and o), at the preliminary complaintof the damaged person in the sense of the present law.

AAAArrrrtttt.... 111144445555.... Ñ The acts concluded by the RomanianCopyright Office in the exercise of its control powers,according to Article 138 paragraphs d) and f), shall follow theconditions provided under Article 214 of the Code ofcriminal procedure.

TITLE IVAAAApppppppplllliiiiccccaaaattttiiiioooonnnn ooooffff tttthhhheeee llllaaaawwww....

TTTTrrrraaaannnnssssiiiittttoooorrrryyyy aaaannnndddd ffffiiiinnnnaaaallll pppprrrroooovvvviiiissssiiiioooonnnnssssAAAArrrrtttt.... 111144446666.... Ñ The provisions of the present law shall apply

in any of the following situations: A. to works:


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a) which were not yet made known to the public, andwhose authors are Romanian citizens;

b) which were not yet made known to the public andwhose authors are natural or juristic persons whose domicileor seat is in Romania;

c) which were made known to the public for the first timein Romania, or which were made known to the public forthe first time in another country and simultaneously, butnot later than thirty days, in Romania;

d) of architecture built in Romania's territory; B. to performances of interpreting or performing artistes: a) which are taking place in Romania's territory; b) which are fixed in sound recordings protected under

the present law; c) which were not fixed in sound recordings, but are

transmitted by television or radio broadcastings protectedunder the present law;

C. to sound recordings: a) whose producers are natural or juristic persons having

their domicile or seat in Romania; b) whose first fixing on a material carrier had taken place

for the first time in Romania; c) made publicly known for the first time in Romania, or

made known to the public for the first time in anothercountry and simultaneously, but not later than thirty days,in Romania;

D. to radio and television programs: a) broadcast by television and radio broadcasting bodies

having their seat in Romania; b) transmitted by transmitting bodies having their seat in

Romania. AAAArrrrtttt.... 111144447777.... Ñ Foreigners, holders of the copyright or of the

neighboring rights shall benefit by the protection providedby international conventions, treaties, and agreements towhich Romania is party, failing which, they shall benefit bya treatment equal to that of Romanian citizens, on conditionthat they, in their turn, should benefit by the nationaltreatment in the respective countries.

AAAArrrrtttt.... 111144448888.... Ñ (1) The existence and content of a work maybe proved by any means of evidence, by its inclusion in therepertory of a collective administration body inclusive.


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(2) The authors and other holders of rights or holders ofauthors' exclusive rights, to which reference is made inthe present law, shall have the right to inscribe on theoriginals or authorized copies of the works the reservationmention of their exploitation, consisting in the symbol Csurrounded by a circle, accompanied by their name, theplace and year when first published.

(3) Producers of sound recordings, interpreting orperforming artistes, and other holders of exclusive rights ofthe producers or of the interpreting or performing artistesto whom reference is made in the present law shall have theright to inscribe on the originals or authorized copies of thesound or audiovisual recordings or on the cover in whichthey are contained a mention of protection of their rights,consisting of the symbol P surrounded by a circle,accompanied by their name, place and date when firstpublished.

(4) Until otherwise proved, it shall be presumed that theexclusive rights signalled by the symbols C and P exist andbelong to the people having used them.

(5) The provisions of paragraphs (2), (3), and (4) shall notcondition the existence of the rights acknowledged andguaranteed under the present law.

(6) The authors of works and the holders of rights,simultaneously with the inclusion of the work in therepertory of the collective administration body may registertheir literary or artistic name, too, exclusively with a view toits being made publicly known.

AAAArrrrtttt.... 111144449999.... Ñ (1) Legal deeds concluded under the rule ofthe previous legislation shall produce all their effectsaccording to it, except clauses providing the transfer of theexploitation rights of all future works the author may stillcreate.

(2) Works created prior to the coming into force of thepresent law shall benefit by its protection, too, computerprograms, sound recordings, cinematographic or audiovisualworks as well as programs of television and radiobroadcasting bodies inclusive, under the terms provided inparagraph (1).

(3) The duration of exploitation rights on works createdby authors deceased before the coming into force of the


168

present law and for which the protection terms have expiredshall be extended up to the protection term provided in thepresent law. The extension shall produce effects only afterthe coming into force of the present law.

AAAArrrrtttt.... 111155550000.... Ñ (1) The equipment, sketches, dummies ormodels, manuscripts or any other goods that serve directlyfor the achievement of a work giving rise to a copyright maynot form the object of levying distraint by forcedprosecution.

(2) The sums of money due to authors as a result of theuse of their works shall benefit by the same protection asthe wages, and may be prosecuted only under the sameterms. These sums of money shall be subject of taxationaccording to the fiscal legislation in the matter.

(3) Civil applications and actions arisen from relationsregulated under the present law as well as the ways ofappeal related to them, introduced by holders of copyrightor neighboring rights or by natural or juristic personsrepresenting them shall be exempt from stamp tax.

AAAArrrrtttt.... 111155551111.... Ñ Litigations with regard to the copyright andneighboring rights shall come under the competence of thecourts according the present law and to common law.

AAAArrrrtttt.... 111155552222.... Ñ Collective administration bodies functioning atthe date of coming into force of the present law shallcompulsorily submit to the provisions under Article 125within six months after the coming into force of the presentlaw.

AAAArrrrtttt.... 111155553333.... Ñ The provisions of the present law shall becompleted by the provisions of the common law.

AAAArrrrtttt.... 111155554444.... Ñ (1) The present law shall come into forcewithin ninety days after the date of its publication in the�Monitorul OficialÒ (Official Gazette of Romania).

(2) On the same date there shall be abolished theStatutory Decree No 321 of June 21, 1956 on the copyright,with its subsequent modifications as well as any otherprovisions to the contrary.

(3) Up to the approval of the tables and methodologiesnegociated in keeping with the provisions under Article 131of the present law, there shall be applied the tariffsestablished by the statutory instruments in force.


169

222

S U M A R

LLLLEEEEGGGGEEEE pppprrrriiiivvvviiiinnnndddd ddddrrrreeeeppppttttuuuullll ddddeeee aaaauuuuttttoooorrrr ººººiiii ddddrrrreeeeppppttttuuuurrrriiiilllleeee ccccoooonnnneeeexxxxeeee ............................. 5

TITLUL IDreptul de autor.............................................................................................. 5

PARTEA IDispoziþii generale .......................................................................................... 5

CAPITOLUL IDispoziþii introductive ................................................................................... 5

CAPITOLUL IISubiectul dreptului de autor........................................................................ 5

CAPITOLUL IIIObiectul dreptului de autor ......................................................................... 7

CAPITOLUL IVConþinutul dreptului de autor ..................................................................... 8

CAPITOLUL VDurata protecþiei dreptului de autor.......................................................... 12

CAPITOLUL VILimitele exercitãrii dreptului de autor...................................................... 14

CAPITOLUL VIICesiunea drepturilor patrimoniale de autor ............................................ 17

Secþiunea 1Dispoziþii comune ........................................................................................... 17

Secþiunea a 2-aContractul de editare ..................................................................................... 20

Secþiunea a 3-aContractul de reprezentare teatralã sau de execuþie muzicalã ........... 22

Secþiunea a 4-aContractul de închiriere ................................................................................ 24

PARTEA A II-ADispoziþii speciale ........................................................................................... 24

CAPITOLUL VIIIOperele cinematografice ºi alte opere audiovizuale............................... 24

CAPITOLUL IXProgramele pentru calculator ...................................................................... 27

CAPITOLUL XOperele de artã plasticã, de arhitecturã ºi fotografice .......................... 29

CAPITOLUL XIProtecþia portretului, a destinatarului corespondenþei ºi a secretuluisursei de informare ........................................................................................ 30

171

TITLUL IIDrepturile conexe dreptului de autor........................................................ 31

CAPITOLUL IDispoziþii comune ........................................................................................... 31

CAPITOLUL IIDrepturile artiºtilor interpreþi sau executanþi ......................................... 32

CAPITOLUL IIIDrepturile producãtorilor de înregistrãri sonore.................................... 34

CAPITOLUL IVDispoziþii comune autorilor, artiºtilor interpreþi sau executanþi ºiproducãtorilor de înregistrãri sonore ºi audiovizuale ........................... 35

CAPITOLUL VOrganismele de radiodifuziune ºi de televiziune ................................... 37

Secþiunea 1Drepturile organismelor de radiodifuziune ºi de televiziune ............. 37

Secþiunea a 2-aComunicarea publicã prin satelit................................................................ 39

Secþiunea a 3-aRetransmiterea prin cablu............................................................................ 40

TITLUL IIIGestiunea ºi apãrarea dreptului de autor ºi a drepturilor conexe..... 41

CAPITOLUL IGestiunea drepturilor patrimoniale de autor ºi a drepturilor conexe... 41

Secþiunea 1Dispoziþii generale .......................................................................................... 41

Secþiunea a 2-aOrganismele de gestiune colectivã a dreptului de autor ºi a drepturilorconexe ................................................................................................................ 41

Secþiunea a 3-aFuncþionarea organismelor de gestiune colectivã................................... 44

CAPITOLUL IIOficiul Român pentru Drepturile de Autor.............................................. 48

CAPITOLUL IIIProceduri ºi sancþiuni.................................................................................... 49

TITLUL IVAplicarea legii. Dispoziþii tranzitorii ºi finale.......................................... 53

172

S O M M A I R E

LLLLOOOOIIII ssssuuuurrrr lllleeee ddddrrrrooooiiiitttt ddddÕÕÕÕaaaauuuutttteeeeuuuurrrr eeeetttt lllleeeessss ddddrrrrooooiiiittttssss vvvvooooiiiissssiiiinnnnssss.......................................... 59

TITRE IerLe droit dÕauteur ............................................................................................. 59

PARTIE IreDispositions g�n�rales.................................................................................... 59

CHAPITRE IerDispositions introductives............................................................................. 59

CHAPITRE IISujet du droit dÕauteur.................................................................................. 59

CHAPITRE IIIObjet du droit dÕauteur ................................................................................. 61

CHAPITRE IVContenu du droit dÕauteur ........................................................................... 62

CHAPITRE VDur�e de la protection du droit dÕauteur ................................................. 67

CHAPITRE VILimites de lÕexercice du droit dÕauteur ..................................................... 68

CHAPITRE VIICession des droits patrimoniaux de lÕauteur ........................................... 72

Section 1re

Dispositions communes................................................................................. 72

Section 2Contrat dÕ�dition ............................................................................................. 75

Section 3Contrat de repr�sentation th�âtrale ou dÕex�cution musicale............. 77

Section 4Contrat de location ......................................................................................... 79

PARTIE IIDispositions sp�ciales..................................................................................... 79

CHAPITRE VIIIOeuvres cin�matographiques et autres oeuvres audiovisuelles .......... 79

CHAPITRE IXLogiciels............................................................................................................. 82

CHAPITRE XOeuvres des arts plastiques, dÕarchitecture et photographiques......... 84

CHAPITRE XIProtection du portrait, du destinataire de la correspondance et dusecret de la source dÕinformation ............................................................... 86

173

TITRE IILes droits voisins du droit dÕauteur........................................................... 87

CHAPITRE IerDispositions communes................................................................................. 87

CHAPITRE IIDroits des artistes-interpr�tes ou ex�cutants............................................ 87

CHAPITRE IIIDroits des producteurs dÕenregistrements sonores ................................ 89

CHAPITRE IVDispositions communes aux auteurs, aux artistes-interpr�tes ou ex�cutantset aux producteurs dÕenregistrements sonores et audiovisuels........... 91

CHAPITRE VOrganismes de radiodiffusion et de t�l�vision........................................ 93

Section 1re

Droits des organismes de radiodiffusion et de t�l�vision .................... 93

Section 2Communication publique par satellite ...................................................... 94

Section 3Retransmission par câble.............................................................................. 96

TITRE IIILa gestion et la protection du droit dÕauteur et des droits voisins.... 97

CHAPITRE IerGestion des droits patrimoniaux dÕauteur et des droits voisins ......... 97

Section 1re

Dispositions g�n�rales.................................................................................... 97

Section 2Organismes de gestion collective du droit dÕauteur et des droits voisins .... 97

Section 3Fonctionnement des organismes de gestion collective.......................... 100

CHAPITRE IILÕOffice roumain pour les droits dÕauteur ............................................... 104

CHAPITRE IIIProc�dures et sanctions................................................................................. 106

TITRE IVLÕapplication de la loi. Dispositions transitoires et finales .................. 110

174

C O N T E N T S

LLLLAAAAWWWW oooonnnn ccccooooppppyyyyrrrriiiigggghhhhtttt aaaannnndddd nnnneeeeiiiigggghhhhbbbboooorrrriiiinnnngggg rrrriiiigggghhhhttttssss .............................................. 117

TITLE I Copyright........................................................................................................... 117

PART I General provisions.......................................................................................... 117

CHAPTER IIntroductory provisions ................................................................................. 117

CHAPTER II Subject matter of copyright.......................................................................... 117

CHAPTER III Object of copyright ......................................................................................... 119

CHAPTER IV Content of copyright ...................................................................................... 120

CHAPTER V Duration of copyright protection ................................................................ 124

CHAPTER VI Limitations of the exercise of copyright ................................................... 126

CHAPTER VII Transfer of the patrimonial copyrights ..................................................... 129

Section 1 Common provisions ....................................................................................... 129

Section 2 Publishing contract......................................................................................... 132

Section 3 Theatrical or musical performance contract............................................ 135

Section 4 Rental contract................................................................................................. 136

PART II Special provisions ........................................................................................... 137

CHAPTER VIII Cinematographic works and other audiovisual works .......................... 137

CHAPTER IX Computer programs ....................................................................................... 139

CHAPTER X Works of plastic art, architecture, and photography ............................. 142

CHAPTER XI Protection of the portrait, of the mail addresee and of the confidentiality of the information source............................ 143

175

TITLE II Neighboring rights.......................................................................................... 144

CHAPTER I Common provisions ....................................................................................... 144

CHAPTER II The rights of interpreting and performing artistes................................ 145

CHAPTER III The rights of the producers of sound recordings................................... 147

CHAPTER IV Provisions common to authors, interpreting or performing artistes,and to producers of sound and of audiovisual recordings .................. 148

CHAPTER V Television and radio broadcasting bodies ................................................ 151

Section 1 The rights of television and radio broadcasting bodies ........................ 151

Section 2 Public communication by satellite ............................................................. 152

Section 3 Retransmission by cable................................................................................ 153

TITLE III Management and protection of the copyright and of the neighboring rights ..................................................................... 154

CHAPTER I Management of the patrimonial copyrights and of the neighboring rights ..................................................................... 154

Section 1 General provisions.......................................................................................... 154

Section 2 Collective copyright and neighboring rights administration bodies ... 155

Section 3 Functioning of collective administration bodies..................................... 157

CHAPTER II The Romanian Copyright Office ................................................................. 161

CHAPTER III Procedures and sanctions ............................................................................. 163

TITLE IV Application of the law. Transitory and final provisions ....................... 166

EEEEddddiiiittttoooorrrr:::: RRRReeeeggggiiiiaaaa AAAAuuuuttttoooonnnnoooommmmãããã ��MMMMoooonnnniiiittttoooorrrruuuullll OOOOffffiiiicccciiiiaaaallllÒÒÒÒ,,,, BBBBuuuuccccuuuurrrreeeeººººttttiiiiColi tipo: 11; Format: 16/61x86; Hârtie: bibliofil 70x100

Coperta: carton Kunstdruck 70x100/140Bun de tipar: 11 septembrie 1996; Apãrut: 1996

Imprimeria: �Monitorul OficialÒ, Bucureºti, str. Jiului nr. 163, sectorul 1

law on copyright and neighboring rights · law on copyright and neighboring rights 119 which, by...

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