Law No. 126 Of 28 June 1923 On The Literary And Artistic Property

Original Language Title:  LEGE nr. 126 din 28 iunie 1923 asupra proprietăţii literare şi artistice

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Law No. 126 of 28 June 1923 upon the ISSUING intellectual and artistic property MINISTRY of CULTS published in the OFFICIAL GAZETTE nr. 68 of 28 June 1923 Chapter 1 General article 1 Dispoziţiuni ownership, i.e. literary and artistic intellectual property creatiunilor, is respected and guaranteed in Romania without carrying out any formalities or records and without making any deposit, both Romanians and foreign nationals equally.
Industrial property remains apart from the dispoziţiunile of this Act. It is to be governed by the law and guaranteed her special.

Article 2 the authors of literary or scientific writings, music composers, painters, sculptors, designers, architects, gravorii, finally all creators of intellectual works, in any form and composition would manifest themselves, will enjoy throughout his life, as a property of their exclusive right to publish, represent or execute, authorize translations, adaptations and reproductions in any manner exploit themselves or to sell their works, in whole or in part, to give them or pass them on to others through testament.

Article 3 In the event of transfer or sale, the authors or their heirs retain the right to control the work published translations, reproductions or adaptarilor made after her, having to withdraw authorization for the sale or the date of the summons, judicial, with the right Editor to apply justice, where the Publisher or modify breeding pig opera ceded, a grievously misrepresent its , a public or reproduce from or contrary to contract condiţiunilor in a manner injurious to the reputation of the author, and may ask for and damages.
The moral right of control cannot assign. He cannot form the subject matter of any transaction. Any clause to the contrary are null and void.

Article 4 after the death of the author, his heirs in the degree provided for in this law, and their transferees, will enjoy for 30 years the same rights of who the author was.
Dispoziţiunile art. 650 and following of the civil code, relating to successions, are applicable in this matter with the following exceptions: 1. The surviving spouse shall enjoy the same rights as legitimate children;
2. The line upward and downward, can't come in succession than only the father and mother of the author's children and grandchildren, sons;
3. for the sideline, have no right of succession than only the author's brothers and sisters.
Assigns and heirs will enjoy the same rights as authors ' heirs, but under the condition of reciprocity, for the duration of those rights cannot exceed the duration fixed by Romanian law.
However, if they expire soon in their country, they will cease at the same time and in Romania.

Article 5 where after the death of the author, his heirs or assigns them editing their works for three years, the Ministry of the Arts Faculty has to do this, the benefits of losing it after removing expenses equally between heirs or reinsurers aside and the Ministry of arts.

Article 6 after passing the 30-year-old author's death, which from his work falls into the public domain, anyone being free of a reproduce and exploit. When there are no heirs, legatees or creditors, assignees, the author, his work falls into the public domain immediately after death.
After the death of the author, no heirs nor publishers cannot do the work without modification for it to be brought to the attention of the public apparently.
Ministry of Arts will be able to ask the courts to order the destruction of the copies reproduced without compliance with the above obligations, in addition to the fine specified in article 13. 48. The right provided for in article control 3 it will have in this case only the Romanian Academy. This right is perpetual. Anyone can bring to the attention of the Academy such cases.

Article 7 Right of ownership of the authors is movable, cesibil, free of charge or for consideration, and transmissible by testamentary or intestate, in whole or in part, throughout the duration of his or a certain time dispoziţiunile of the civil code over succession, being applicable even with the restriction set out in article 11. 4 of this law. The absence of rules of the civil code are also applicable to property right of authors.

Article 8 in respect of the works were not published unto them, in the author's lifetime, it may, by will, to forbid them to be published for some time although there may be more than 30 years after his death, which from may indicate the person or institution responsible for the execution of his will.
Dispoziţiunile art. 4 the rights of heirs and transferees shall also apply in this case. They will not be able to begin, however, until after the expiration of the time within which the opera was banned from being published.
Dispoziţiunile art. 3 and 6, paragraphs 1 and 2. (II) are applicable in this case.

Article 9 as long as the work of an author lies in manuscript, in the form of notes, sketch, blueprints, plastic works, etc. the unexposed, it is insesisabila, so neither author nor those creditors you heirs, cannot get through an action entitled seizure, prosecution or the right to publish, translate, represent, reproduce, perform and exhibit in public.

Article 10 also lenders won't be able to author in its lifetime to acquire the right to print or reproduce a new editiune of a work already published. This right belongs exclusively to the author only.
After his death, however, the ownership rights of the works already published, left in its wake, enters the massa, the portion of the track of lenders along with other values in the sequence, guaranteeing juveniles an wife be half of this value, which thus becomes imperceptible.

Article 11 with regard to dramatic works, musical and choreographic works, the right of publication is independent of any right of presentation or execution. Each of these two rights may form the subject of a separate contract of transfer each special law generally.

Article 12 The artistic matters: painting, sculpture, drawing, engraving, lithography, medals, geographic maps, topographical, architectural works, etc., the reproduction right is also independent of the ownership of the work sold or ordered. He remains the artist if not snapped and it expressly. These two rights: ownership of the original work and its reproduction by means of manual, mechanical or chemical means, forming distinct rights, one absolutely does not imply assignment and assignment. In the case of silence of the contract right of reproduction is presumed to be reserved to the author.

Article 13 the assignee or an editor of scientific works, letters, musical or artistic work, putting opera on sale, cannot on any grounds whatsoever to change the title of the work any change or supplement the content or form, without the author's or his consent in law.

Article 14 the assignee or the Publisher, publication, the work of an author is required of a print of the contract in accordance with condiţiunilor. He cannot surrender another editor without his consent of the author, unless this assignment contained in whole sale e Fund of a trade publishing houses.
If the transferee or the Publisher of works was not stipulated a deadline, don't publish it in for 3 years and teaching which from the contract date of the manuscript, the author has the right to demand termination of the contract and damages for moral and material damage caused by this delay.

Article 15 the right of property of the author of a musical compozitiuni includes by default and the right to make or authorize the making of arrangements, processing, transcripţiuni, etc., after the original opera.

Article 16 When the author of a work of art they permit the reproduction by the intercession of a special arts from that of the original Port Replicator, enjoy this new artistic product of all property rights provided for in this law.

Article 17 a literary or scientific is considered to be published from the time she was printed and offered for sale.
In terms of musical and dramatic works, coreografice, from the time they were printed and released to the public, and if you are in manuscript, from the day of their first reprezentatiuni or public executiuni with the author or his consent in law.
Also artistic works since their exposure in public places or their reproduction through the means referred to in article 1. 12 and 16.

Chapter 2 literary works article 18 Right of ownership upon the works of literary criticism, literature and science, (poetry, short stories, critical studies, law, sociology, philosophy, etc.), includes the exclusive right of publication, reproduction, sale and exploitation of the work and the right to authorize its translation into any other language.

Article 19 Constitutes a touch of literary property rights: 1. The publication by any means of reproduction of the work as indicated in art. 18 without his consent of the author, and translating;
2. Publication of papers in manuscript in the author's wishes, against;
3. Retiparirea a work or new editions which the author or the Publisher publish it against condiţiunilor the contract between them and before the exhaustion of the first edition.
These dispoziţiuni shall not apply in the case of an assignment editor total;
4. Placing on the market, without the consent of the author, and news of a greater number of copies than that stated in the contract;

5. The publication of a collection of letters, literary correspondent, or without the consent of the authors, writers or in law.
6. The reproduction of all or part of a literary works including cinematographic films or intercession by any other means of mechanical reproduction optics or Phonetics.

Article 20, on the contrary, does not constitute an impairment of property right: 1. Citatiunile of certain isolated passages verbatim from an already published in the records of account or critical and polemical studies are made upon this work;
2. Indication of the contents and a summary of writings, of a speech or conferences held in public;
3. Reproduction of unsigned articles in newspapers and magazines and telegrams in generally referred to in art. 46 and 47;
4. Reproduction in books: anthologies, crestomatii, publications for scholars, reading books, dictionaries, grammars, compositions, etc., of isolated passages, poems and small pieces of literary or scientific, or summarized, with author name and title appearances work from has made strides to reproduce or summarize;
5. Recitation in public of poems or literary pieces, at the official celebrations, performances or public readings, consisting of companies of popular culture or charity purposes, with or without payment.

Chapter 3, dramatic and musical Works Article 21 the right of ownership of a musical and dramatic works, choreographic works (Ballet, pantomime, etc.), includes the right to exploit by printing, putting them up for sale, as well as representation or its execution in public.

Article 22 constitutes an impairment of this right of ownership: 1. editing, representation or performance in public of a musical or dramatic works, choreographic works, without authorization of the author;
2. Printing or representation in public, on a partly separate acts or scenes after dramatic works, or printing or performance in public of the arrangements, transcripţiuni or excerpts on musical or choreographic works;
3. unauthorized Reproduction of musical works on plates of gramophones, reels and any other pieces intended for mechanical reproduction instruments sounds;
4. Reproduction in full or in summary of a work's dramatic or musical works or the libretto of a choreographic inducing cinema films or by any other means and mechanical means of reproduction.

On the contrary, article 23 is not a touch of artistic property rights: 1. The attendance of isolated passages of stage or small excerpts taken from the dramatic or musical works, made in reports, or dramatic or musical critics and publicizing collections specifically designed for schools, in small chunks or dramatic or musical compositions already published, with the obligation to indicate the author's name and title of the work have been extracted from who;
2. Reproduction in isolation of the scenes, musical roles or partitiunilor, for use exclusively for artists or executanţilor blood or instrumental, but there are no replicas who intended to be released commercially;
3. Representation or execution in public acts, pieces of music or choreographic scenes at school celebrations or official representatives, organized by popular companies, choral or instrumental, or charitable purposes, with or without payment.

Chapter 4 Article 24 artistic works ownership over artistic works of Arts: painting, drawing, lithography, engraving, medals, sculpture, geography and topographic maps, land or marine, architectural works, etc., includes the exclusive right for the author to publish, sell or exhibit artwork, to authorize its reproduction by any process chemically or mechanically, and transfer or putting on the market of such reproductions.

Article 25 a port replicator works of art through the intercession of a process, particularly that of the original, when the reproduction is made with the author's autorizaţiunea, will enjoy and he in turn her property rights and derivatives over his new artistic creatiuni.

Article 26 Constitutes a touch of artistic property rights: 1. Any unauthorized reproduction of his artistic work by any means would achieve it;
2. the placing on the market of works of painting, sculpture or other artistic productiuni, fraudulently signed with the name of any reputable artist, imitandu-signature or mark, specifically adopted by him, in order to defraud the buyer.

Article 27, on the contrary, does not constitute an impairment of artistic property rights: 1. The reproduction of paintings, sculptures and other art object in public museums and pinacotecele or of the State, as well as statuelor and monuments placed in gardens, squares or public roads, unless authors and artists-have expressly reserved and exclusive reproduction right over these public works of art;
2. Reproductions of works already published or exhibited, as well as groups or portions of those works made for the purpose of explicarii a text works critique or analysis, of a history or dictionary of Arts in teaching or publicaţiuni books for scholars, when these latter works constitute the main part of the publication, and the accessory part reproductions, with bond author name and incorrect indication of the work that is done after reproduction;
3. Reproduction through newspapers, magazines, yearbooks, almanacs, calendars or artistic works exhibited in public, in the records of account or criticism of art are made in these periodicals, with an obligation for the breeder to show the author's name artist;
4. Reproductions by any technical means of national serbarilor, official or popular, cortegii, etc.

Article 28 When it comes to portraits, busts or statues, made after the particular commands, in this case, no artist or painter or sculptor, engraver, and draftsman, not even the owner of the painting did not bust or statuiei the right to reproduce it or expose in public without autorizaţiunea the represented person or what they ordered.

Chapter 5 anonymous Works, pseudonymous and posthumous Article 29 ownership of literary or artistic works anonymous or pseudonymous, belongs to the person who contracted with the editor and authorized publication, or the editor who printed the work.
When it comes to artistic works, property belongs to expunatorului or reproducatorului.
This right is laid down in article 21. 2 and 4, ready provided for in those articles.
If the author really is made known, that right defaulting on him, except in the case of a total or partial disposals made the Publisher, in that situation it must comply with the deadlines laid down in the contract. In this case, if the author requires anonymity or pseudonym used may be replaced by its name.

Article 30 When it comes to posthumous works, their owner or lawful means that they will be found and given to first light, enjoy the same right as the exclusive property of their author, in generally provided for in art. 2 and 4 of this law.

Chapter 6 translations and reproductions Article 31 a literary Translator, Port Replicator or by whatever means of a work of art, when these translations or replicas are made with the authorization of the authors, enjoy the same rights of ownership over them as the author of the original work.

Article 32 the authors but may make this right what grant their translators or reproducatorilor works. The contract concluded between them will specify if authorization is given to an individual or to several, whether it is for a single date or editiune for more languages and in particular those who authorize translations. When it comes to the reproduction of works of fine art shall specify by mechanical or chemical means and the material from which the author agree to make reproduction.

Article 33 for work who appear in multiple volumes or in multiple parts, copyright date authorization must state whether all or only the opera concerns a single volume or part.

Article 34 the translations of classical works, as well as modern ones in the public domain, are the property of those who have them translated. However, this right cannot constitute an obstacle for others to make other translations after the same work.

Chapter 7 rights of employees Article 35 collaborators of a literary or artistic work they have equal rights over the common work that is indivisible, except contrary Convention.
If the work is composed of music and words (the libretto), it is not considered as indivisible. Musical composer or author of the libretto are entitled to exploit their work jointly or separately, each in its own way, after productiunii nature, through publications, translations or executiuni. I do not have the right, however, in the case of misunderstanding to choose another contributor to that side.

Article 36 When a work is made up of several authors, without the collaboration of everyone to constitute a separate part, so it can be published or authorization is required, the portion of all.
Likewise, and when ownership of such works is transmitted by inheritance equally or more heirs are in the competition part of the employees with some of the other heirs.
In case of disagreement between them, the Tribunal will decide, with the help of lights will be need special experts for each structure, as of general interest criterion.

Article 37

When it comes to an encyclopedia, a dictionary, or another paper of this kind, which is made up of different authors, on the basis of their scientific activities, literary, artistic, philosophical, etc., and whose names appear in the forefront of the work, but may not be able to determine that part of the work of each, the property belongs to them jointly and equally.
Regulations contained in the preceding article are applicable to them and to them.

Article 38 if the articles or thing each from employees of such works is signed or is notoriously known as being authored by specific authors each of whom enjoys an exclusive property right provided for in this Act on the part of the articles signed or special work belonging to them personally.
He has the right to publish this part separately.

Article 39 Was a literary, dramatic, musical or artistic work, which voeşte not to participate in the exploitation, may request that his name not appear on paper and to refuse to partake, operating costs, and giving up the benefits of what eventually would produce work that. In any case, the refusal or may not prevent the publication or exploitation of the work.
Waivers are not, they should be expressly manifested.

Article 40 the right property, in the case of collaboration takes on an equal basis on behalf of all contributors all the time of their lives. The heirs, assigns or legatarii each collaborator shall enjoy this right until the passage of 30 years from the presence of death, the surviving collaborator.
In the absence of heirs or assignees of one contributor, the pass for the benefit of other employees or their successors.

Article 41 in the case of a work assignment, collaboration cannot be granted only a single editor. Excepţiune shall be made only if required by art. 35, relative to the musical works, accompanied by words (the libretto), when the contributor or contributors you can comfort the libretto or, in case of misunderstanding, to dispose of their work from different publishers.

Chapter 8 Acts and official publicaţiuni; oral productiuni Article 42 cannot form an exclusive right of literary property: official documents and publicaţiunile (except those declared secret), draft laws, laws adopted by Parliaments, decrees, ministerial or deciziunile circularile or other authorities, and the jurisprudentele of courts; also oral pleadings and conclusions by or any other documents submitted to the tribunals and Courts; parliamentary and political speeches, conferences and any other oral productiuni falling into the public domain once they have been published in the Official Gazette or were pronounced in public.
Newspapers, magazines and other periodical publicaţiuni have absolute freedom to reproduce and publish them in full or in summary.

Article 43 For their art, but, in brochures or volume the following rules must be observed and conditions: 1. For camping or jurisprudentelor laws, it is obligatory that they publish to be doctor or Licentiate in law or in economics, trade, financial, sociological, etc., and have at least 3 years of practice or internship as magistrate, Attorney, teacher or official in a Ministry or other public institution;
2. for the purposes of parliamentary speeches, art, political, legal, or other gatherings in public works, needs authorization in writing has been obtained of their authors.

Article 44 archives of the Romanian Academy, Royal Society of geography and any other company or similar instituţiuni: literary, scientific or artistic work, recognized as a moral person, also the State, counties or municipalities, have an exclusive right of ownership and therefore of exploitation and reproduction of works and published through caring, leadership and at their expense.
This right, however, is not more than 20 years, which starts to run from the year of publication.
After this time the opera falls into the public domain, with reserve. 6, para. II of this law.
Dispoziţiunile art. 20 and 27 are applicable in the cases covered by this article.

Chapter 9 Newspapers, journals, periodicals, magazines and Newspapers Article 45 and any other regular publicaţiuni are the exclusive property of individuals or companies who publish them.
Their title also constitute a property right which is guaranteed to him who created it or the first time used.
A newspaper or magazine cease to form an exclusive right of ownership, within the meaning of the preceding paragraph, if the 10 consecutive years have elapsed from the day when the newspaper or magazine has ceased to appear.
This limitation can be interrupted by reaparitiunea even irregular newspaper or magazine within these 10 years.

Article 46 Articles or literary character notes, artistic or scientific, legal, what is published in newspapers, magazines or other periodicals, are the property of those who have written them, if they are signed by their authors. They cannot reproduce without their authorization. If they are not signed, they can reproduce in the summary or in its entirety, without the need for any autorizaţiune, but with an obligation to cite the place and where are reproduced.

Article 47 Articles and polemicele political or public interest, even when the acts are signed, Misc, informaţiunile, or the corresponding word, not constituesc a property right within the meaning of this Act.
They can reproduce without authorization, with the obligation to indicate the newspaper or magazine from which were reproduced.

Chapter 10 Offences, offence, punishment Article 48 any property rights in literary and artistic output constitutes insider trading counterfeit punished by article. 339 and following of the penal code. Edictate penalties in article. 341 of the penal code changes as well as follows: introducatorului contrafacatorului Punishment or will be fined 2,000-10,000 lei dela, dela fine for sales and 1,000-5,000 lei. In particularly serious cases, the Tribunal will be able to pronounce the punishment by imprisonment up to one month.

Article 49 in addition to counterfeiting offences, any ironing dispoziţiunilor edictate this law is a contraventiune and is punishable by a fine of 100 to 2,000 lei lei.
Fines in the event of the insolvency of the convict in jail is transformed.
The duration of the prison shall be determined, by reckoning as 50 lei fine one day in prison; the duration of the prison will not be possible in such cases more than six months.

Article 50 in the event of recidivism, the Tribunal shall be entitled to double the fines both when it comes to counterfeiting offences and when it comes to contraventiuni.

Article 51 are also guilty for the crimes of counterfeiting and punished according to art. 341 and 342 of the penal code: 1. Those who, in order to mislead and defraud purchasers, publishes a paper of a reputable author, on his own name, times a borrower's name, or publish a paper of his on the name of a reputable author, as well as those who with proper science put it up for sale, a reproduce or represent; so those who commit the acts mentioned in article 3. 26, para. II of this law.
When the opera is losing public domain, author or Romanian Academy representatives, in accordance with art. 6, para. , Are entitled to bring legal action for damages under article. 998 of the civil code, the author of these cons counterfeits.
2. Introducatorii in the land of any infringing works abroad, and putting them up for sale, with good science over the provenance of the delictoase of this work.

Article 52 Offences of counterfeiting, as prescribed by this law contraventiunile will judge on the first court, county courts, with the right of appeal to the Court, within 15 days from the way of pronouncement is pronounced contradictor or 15 days when communication is rendered from the presence in absence, and without opposition from any court.
The civil part has the right to appeal at the same time limit, but only in terms of the amount of damages awarded.

Article 53 pronouncing the conviction, the Court, after the request of the injured party, will declare the seized all replicas or copies made or intended to be offered for sale, ordonand at the same time the destruction of printing stamps, drawings, stones, or a plastic Modul compozitiunilor that have served to counterfeiting.
The same measures will be taken by the tribunal in the case set out in art. 26 para. And art. 51 para. I of this law.

Article 54 in the case of representation of illicit dramatic, musical, choreographic, etc., the Court can require the confiscation of manuscripts, libretelor, partitiunile, musical notes or roles shared by artists.
In the case of flagrante delicto or representation of the execution of such works, or the Attorney or representative which makes investigation, will confiscate all the money coming from receipts made to serve for compensation.

Article 55 the author, his heirs or assigns shall have the right to ask the Court, even before conviction, ruling he ordered about injunction pursuant to art. 66 bis from civil procedure, interim protective measures, watching or sechestrand objects to enumarate art. 53 and get at the same time the necessary measures to prevent continuing or restarting the fact delictos.

The Tribunal is obliged to rule immediately on these requests, having to make an admission by depositing a security on the part of those who claim such measures.

Article 56 From warranted, the Court may have recourse to experts specialized lights, to enlighten themselves on matters in relation to the damage caused by authors, or those in law, on the occasion of perpetrating the offence of counterfeiting or contraventiunilor.

Article 57 the court competent to judge the author is that of the domicile of the injured, the heir or of the transferee. When several authors, are heirs or reinsurers with residences, then the competent court is the one in Bucharest.

Article 58 the criminal proceedings, as well as civil action for damages, resulting from the offence of counterfeiting or in contraventiunea committed, shall be barred after the passage of three years from the day of publication, reproduction, representation, execution or sale of counterfeit or contraventiunii the study. The penalty shall be barred by the passage of five years from the presence of her pronouncing definitively. Managerial decision will be definitive condamnatoare remaining published in two newspapers in the most popular spesele of the person sentenced, on.

Chapter 11 Dispoziţiuni final Article 59 this Act will come into force throughout the country and the publication date of promulgation, which from them through the Official Gazette.

Article 60 When the work of a portion of a copyright has been editor of the author himself or by his heirs, before the promulgation of this Act, the assignee will not benefit than term of 10 years after the author's death, in accordance with art. 2 of the law on the press, whereas the Convention 1862 dela parties between author and Publisher, or of heirs and editor, had based the number of years required by the old law.
This Bill extending the right of heirs to 30 years for the rest of time what may remain until the completion of this apprenticeship, the right of exploitation of the work reverts to the heirs, except for a new Convention what would arise between heirs and publishers for the remaining time until the completion of the 30-year-old.

Article 61, for works already in the public domain, this law has no retroactive effect, the rights of heirs and transferees being permanently extinguished by the expiry of 10 years from the presence of the author's death, referred to by the law, which from 1862.
This law does not change the legal relations already established by virtue of the ancient laws.

Article 62-Wife author under a matrimonial regime, would be married, is dispensata of any autorizaţiune or legal marriage for all what you will do in the exercise of his rights of literary and artistic property.

Article 63 of the Press Law of April 1, 1862, in its part concerning the "literary and artistic property" (art. 1-11), as well as all laws in force on the literary property until today in the desrobite territories, are repealed. Law of 24 March 1904, amended by the law of 19 Decemvrie 1922, remain in force and shall apply throughout the country.

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