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Law No. 8 Of 14 March 1996 On Copyright And Related Rights

Original Language Title:  LEGE nr. 8 din 14 martie 1996 privind dreptul de autor şi drepturile conexe

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LEGE no. 8 8 of 14 March 1996 (* updated *) on copyright and related rights ((updated on 8 November 2015 *)
ISSUER PARLIAMENT




---------- The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Title I Copyright in the + Part I General provisions + Chapter I Introductory provisions + Article 1 (1) The copyright on a literary, artistic or scientific work, as well as on other works of intellectual creation is recognized and guaranteed under the conditions of this law. This right is related to the person of the author and carries moral and patrimonial attributes. ------------- Alin. ((1) of art. 1 1 has been amended by section 1 1 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) The work of intellectual creation is recognized and protected, independently of bringing to public knowledge, through the simple fact of its realization, even in uncompleted form. ------------ Alin. ((2) of art. 1 1 has been amended by section 1 1 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 2 The recognition of the rights provided for in this Law does not prejudice and exclude the protection granted by other legal provisions. + Chapter II Subject of copyright + Article 3 (1) It is the author of the natural person or individuals who created the work. (2) In the cases expressly provided by law, the protection granted to the author and natural persons other than the author may be granted. --------------- Alin. ((2) of art. 3 3 has been amended by section 1 1 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) The quality of the copyright may be transmitted under the law. + Article 4 (1) It is presumed to be an author, until proven otherwise, the person under whose name the work was first brought to public knowledge. (2) When the work was brought to public knowledge in anonymous form or under a pseudonym that does not allow the identification of the author, the copyright shall be exercised by the natural or legal person who makes it public having the consent of the author, as long as it does not reveal its identity. --------------- Alin. ((2) of art. 4 4 has been amended by section 1 1 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 5 (1) It is the joint work of the work created by several co-authors, in collaboration. (2) The copyright to the joint work belongs to its co-authors, among which one may be the main author, under the conditions of this law. (3) In the absence of a contrary convention, the co-authors may use the work only in agreement. The refusal of consent from any of the co-authors must be duly justified. ------------- Alin. ((3) of art. 5 5 has been amended by section 2 2 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. ((. Where the contribution of each co-author is distinct, it may be used separately, provided that the use of the joint work or the rights of the other co-authors is not prejudiced. ------------- Alin. ((4) of art. 5 5 has been amended by section 2 2 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (5) In the case of the use of the work created in collaboration, the remuneration is due to the co-authors in the proportions they have agreed In the absence of a convention, the remuneration shall be divided in proportion to the contribution parts of the authors or equally if they cannot be established. + Article 6 (1) It is the collective work of the work in which the personal contributions of the co-authors form a whole, without being possible, given the nature of the work, to attribute a distinct right to any of the co-authors on the ensemble of the created (2) In the absence of a contrary convention, the copyright to the collective work belongs to the natural or legal person on the initiative, under the responsibility and under whose name it was created. + Chapter III Subject of copyright + Article 7 It constitutes the object of copyright original works of intellectual creation in the literary, artistic or scientific field, whatever the way of creation, way or form of expression and independent of their value and destination, such as: ------------ The introductory part of art. 7 7 has been amended by section 4.2 1 1 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. a) literary and publishing writings, conferences, sermons, pleas, lectures and any other written or oral works, as well as computer programs; b) scientific, written or oral works, such as: communications, studies, university courses, school textbooks, scientific projects and documentation; c) musical compositions with or without text; d) dramatic, dramatic-musical works, choreographic works and pantomimes; e) cinematographic works, as well as any other audiovisual works; f) photographic works, as well as any other works expressed by a process analogous to photography; g) works of graphic or plastic art, such as: works of sculpture, painting, engraving, lithography, monumental art, scenography, tapestry, ceramics, plastic glass and metal, drawings, design, as well as other works of art applied to the products intended for practical use; ------------- Lit. g) art. 7 7 has been amended by section 4.2 3 3 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. h) architectural works, including drawings, layouts and graphic works that form the architectural projects; i) plastic works, maps and drawings in the field of topography, geography and science in general. j) repealed; ------------ Lit. j) art. 7 7 has been repealed by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 8 Without prejudice to the rights of the authors of the original work, it is also the object of copyright derived works that were created starting from one or more pre-existing works, namely: a) translations, adaptations, annotations, documentary works, musical arrangements and any other transformations of a literary, artistic or scientific work that represents an intellectual work of creation; b) collections of literary, artistic or scientific works, such as: encyclopedias and anthologies, collections or compilations of materials or data, protected or not, including databases, which, by choosing or disposing of the material, constitute intellectual creations. + Article 9 The following may not benefit from the legal protection of copyright: a) ideas, theories, concepts, scientific discoveries, processes, methods of operation or mathematical concepts as such and inventions, contained in an opera, whatever the way of taking over, writing, explaining or expressing; ------------- Lit. a) of art. 9 9 has been amended by section 4.2 5 5 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. b) official texts of a political, legislative, administrative, judicial nature and their official translations; c) official symbols of the state, public authorities and organizations, such as: coat of arms, seal, flag, emblem, blazon, badge, badge and medal; d) means of payment; e) news and press information; f) simple facts and data. + Chapter IV Content of copyright + Article 10 The author of a work has the following moral a) the right to decide whether, in what way and when the work will be brought to public knowledge; b) the right to claim the recognition of the quality of the work; c) the right to decide under which name the work will be brought to public knowledge; d) the right to claim respect for the integrity of the work and to object to any modification, as well as to any touching of the work, if it damages his honor or reputation; e) the right to retract the work, compensating, if applicable, the holders of the rights of use, prejudiced by the exercise of the retraction. ------------- Lit. e) of art. 10 10 has been amended by section 4.2 6 6 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 11 (1) Moral rights may not be the subject of any waiver or alienation. (2) After the death of the author, the exercise of the rights 10 lit. a), b) and d) shall be transmitted by inheritance, according to civil legislation, for unlimited duration. If there are no heirs, the exercise of these rights lies with the collective management body that administered the rights of the author or, as the case may be, to the body with the largest number of members, in the respective field ------------- Alin. ((2) of art. 11 11 has been amended by section 7 7 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 12 The author of a work has the exclusive patrimonial right to decide whether, in what way and when his work will be used, including to consent to the use of the work by others. ------------- Article 12 has been amended by section 4.2. 8 8 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 13 The use of a work gives rise to patrimonial, distinct and exclusive rights, of the author to authorize or prohibit: a) reproduction of the work ------------ Lit. a) of art. 13 13 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. b) distribution of work; c) import for sale on the domestic market of children made, with the consent of the author, after the work; d) renting the work; e) the work loan; f) public, direct or indirect communication of the work, by any means, including by making the work available to the public, so that it can be accessed at any place and at any time chosen, individually, by the public; g) broadcasting of the work; h) cable retransmission of the work; i) realization of derivative works. ------------- Article 13 has been amended by section 1. 9 9 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 14 By reproduction, for the purposes of this law, it is understood the realization, integral or partial, of one or more copies of a work, directly or indirectly, temporarily or permanently, by any means and in any form, including the realization of any sound or audiovisual recordings of a work, as well as permanent or temporary storage of it with electronic means. ------------- Article 14 has been amended by section 4.2. 2 2 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 14 ^ 1 (1) By distribution, for the purposes of this law, it is understood the sale or any other mode of transmission, for onerous or free of charge, of the original or the children of a work, as well as their public offering. (2) The right of distribution shall be exhausted with the first sale or with the first transfer of ownership of the original or copies of a work, on the internal market, by the rightholder or with its consent. ------------- Article 14 ^ 1 has been introduced by item 1. 11 11 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 14 ^ 2 By import, for the purposes of this law, it is understood to introduce on the domestic market, with the purpose of marketing, the original or legal children made of a work fixed on any kind of support. ------------- Article 14 ^ 2 has been introduced by section 2. 11 11 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 14 ^ 3 By renting, for the purposes of this law, it is understood to make available for use, for a limited time and for an economic or commercial advantage directly or indirectly, of a work. ------------- Article 14 ^ 3 has been introduced by the 11 11 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 14 ^ 4 (1) By borrowing, for the purposes of this law, it is understood to make available for use, for a limited time and without an economic or commercial advantage directly or indirectly, of a work through an institution that allows access the public for that purpose. ((2) The loan made through libraries does not require the authorization of the author and entitles it to a fair remuneration. This right cannot be the subject of a waiver. (3) The fair remuneration provided in par. ((2) is not due if the loan is made through the libraries of educational institutions and through public libraries with free access. ------------ Alin. ((3) of art. 14 ^ 4 was amended by section 4.2. 3 3 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ((4) The loan of works fixed in sound or audiovisual recordings cannot take place until 6 months after the first distribution of the work. (5) The right of loan shall not be exhausted with the first sale or the first transfer of ownership of the original or copies of a work, on the market, carried out or consented to by the rightholder. ------------ Alin. ((5) of art. 14 ^ 4 was amended by section 4.2. 4 4 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ------------- Art. 14 ^ 4 [initially with para. ((1)-(4)) has been introduced by section 11 11 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 14 ^ 5 The provisions of this rental and loan law do not apply to: a) constructions resulting from architectural projects; b) the originals or copies of the works of design or applied art, used for the realization of consumer products; ------------- Lit. b) of art. 14 ^ 5 was amended by section 4.2. 5 5 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. c) the originals or copies of the works, made for the purpose of public communication or for whose use there is a contract; ------------- Lit. c) of art. 14 ^ 5 was amended by section 4.2. 5 5 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. d) the reference works for immediate consultation or for the loan between the institutions; e) works created by the author in the framework of the individual employment contract, if they are used by the one who hired the author, within the usual activity. ------------ Article 14 ^ 5 has been amended by section 4.2. 7 7 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 15 (1) Public communication shall be deemed to publish any communication of a work, carried out directly or by any technical means, made in a place open to the public or in any place where a number of persons who exceeds the normal circle of members gather a family and its knowledge, including stage representation, recitation or any other public way of execution or direct presentation of the work, the public exposure of works of fine art, applied art, photographic and architecture, public screening of cinematographic works and other audiovisual works, including of digital works of art, presentation in a public place, through sound or audiovisual recordings, as well as presentation in a public place, by means of any means, of a radio work. It shall also be considered to be public any communication of a work, by wired or wireless means, made by making available to the public, including the internet or other computer networks, so that any of its members of the public may have access to it from any place or at any time chosen individually. ------------- Alin. ((1) of art. 15 15 has been amended by section 6 6 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ((. The right to authorise or prohibit public communication or the making available to the public of works shall not be deemed to be exhausted by any act of public communication or making available to the public. ------------- Article 15 has been amended by section 6.6. 12 12 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 15 ^ 1 For the purposes of this law, broadcasting is understood: a) the issuance of a work by a television broadcasting body, by any means which serves to propagate without thread the signs, sounds or images, or their representation, including its public communication by satellite, in the purpose of the public reception; b) the transmission of a work or its representation, by wire, by cable, by optical fiber or by any other similar process, except for computer networks, for the purpose of its reception by the public. ------------- Article 15 ^ 1 has been amended by section 1. 7 7 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 15 ^ 2 By relaying by cable, for the purposes of this law, it is understood the simultaneous retransmission, unaltered and integral, by an operator, by the means provided in art. 15 15 ^ 1 lit. b) or through a broadcast system by means of an ultrasound, for the reception by the public, of an initial transmission, with or without wire, including satellite, broadcasting or television broadcasting services, intended for the reception of to public. ------------- Article 15 ^ 2 has been amended by section 2. 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 16 Through the realization of derivative works, for the purposes of this law, it is understood the translation, publication in collections, adaptation, as well as any other transformation of a pre-existing work, if it constitutes intellectual creation. ------------- Article 16 has been amended by section 4. 14 14 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 17 Repealed. ------------- Article 17 has been repealed by point (a) 15 15 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 18 Repealed. ------------- Article 18 has been repealed by point (a) 15 15 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 19 Repealed. ------------- Article 19 has been repealed by point (a) 15 15 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 20 Repealed. ------------- Article 20 was repealed by point (a). 15 15 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 21 (1) The author of an original works of graphic or plastic art or of a photographic work benefits from a resale right, representing the right to collect a share of the net sales price obtained at any resale of the work, subsequent to the first estrangements by the author, as well as the right to be informed of the whereabouts of his work. ------------ Alin. ((1) of art. 21 21 has been amended by section 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (2) The right referred to in paragraph (1) applies to all acts of resale of an original work of graphic or plastic art or of a photographic work involving, as sellers, buyers or intermediaries, salons, art galleries, as well as any merchant of art. works of art. (3) For the purposes of this law, copies of original works of art or photographic, which were made in a limited number by their author himself or with his approval, are considered original works of art. ------------ Alin. ((3) of art. 21 21 has been amended by section 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ((4) Amount due under par. (1) is calculated according to the following quotas, without being able to exceed 12,500 euros or the value in lei: a) from 300 to 3.000 euro-5%; b) from 3.000.01 to 50,000 euro-4%; c) from 50.000.01 to 200,000 euros-3%; d) from 200.000.01 to 350,000 euros-1%; e) from 350.000.01 to 500,000 euro-0,5%; f) over 500,000 euros-0.25%. ------------ Alin. ((4) of art. 21 21 has been amended by section 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (5) The seller must communicate to the author the information provided in par. (1), within two months from the date of sale, responding to the withholding of percentages or allowances from the sale price, without the addition of other taxes, and to the payment to the author of the amount due according to the provisions of par. ((4). ------------ Alin. ((5) of art. 21 21 has been amended by section 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (6) The beneficiaries of the resale right or their representatives may request, for 3 years from the date of resale, the persons referred to in par. (2) information necessary to ensure payment of amounts due according to the provisions of par. ((4). (7) The resale right may not be subject to any waiver or alienation. ------------- Article 21 has been amended by point 16 16 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 22 The owner or owner of a work is obliged to allow access to the author of the work and to make it available to him, if this is necessary for the exercise of his or her copyright and provided that it is without prejudice to a legitimate interest of the owner or owner. In this case, the owner or owner can claim the author of the work a sufficient guarantee for the security of the work, its insurance to an amount representing the market value of the original, as well as an appropriate remuneration. ------------ Article 22 has been amended by section 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 23 (1) The owner of the original of a work does not have the right to destroy it before giving it to the author at the cost price of the material. (2) If it is not possible to return the original, the owner will allow the author to make a copy of the work, in an appropriate manner. (3) In the case of an architectural structure, the author has only the right to take photographs of the work and to request the owner to send the reproduction of the projects ------------ Article 23 has been amended by section 6.6. 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Chapter V Duration of copyright protection + Article 24 (1) The copyright on a literary, artistic or scientific work is born from the moment of the creation of the work, whatever the way or the concrete form of expression. (2) If the work is created, in a period of time, in parts, series, volumes and in any other forms of creative development, the term of protection will be calculated, according to par. (1), for each of these components. ------------ Alin. ((2) of art. 24 24 has been amended by section 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 25 (1) The patrimonial rights provided in art. 13 and 21 last all the time of the author's life, and after his death are transmitted by inheritance, according to civil legislation, for a period of 70 years, whatever the date on which the work was brought to public knowledge legally. If there are no heirs, the exercise of these rights lies with the collective management body mandated during life by the author or, in the absence of a mandate, to the collective management body with the largest number of members, in the field of respectively of creation. ------------- Alin. ((1) of art. 25 25 has been amended by section 17 17 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) The person who, after the termination of the protection of the copyright, brings to public knowledge, legally, for the first time, an unpublished work before benefits from the protection equivalent to that of the patrimonial rights of the author. The duration of the protection of these rights is 25 years, starting from the moment it was first brought to public knowledge legally. ------------ Alin. ((2) of art. 25 25 has been amended by section 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 26 (1) The duration of the patrimonial rights on the works brought to public knowledge lawfully, under a pseudonym or without the indication of the author, is 70 years from the date of bringing them to public knowledge. ------------ Alin. ((1) of art. 26 26 has been amended by section 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (2) If the identity of the author is brought to public knowledge before the expiry of the term provided in par. (1) or the pseudonym adopted by the author leaves no doubt on the identity of the author, the provisions of art. 25 25 para. ((1). ------------- Article 26 has been amended by section 6.6. 18 18 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 27 (1) The duration of the patrimonial rights on works carried out in collaboration is 70 years since the death of the last co-author. (2) If the contributions of the co-authors are distinct, the duration of the patrimonial rights for each of them is 70 years after the death of each co-author. (3) The term of protection of a musical composition with text ceases 70 years after the death of the last survivor between the lyricist and the composer, whether or not they were designated as co-authors, provided that the contribution made the respective musical compositions with text have been specifically created for this. ------------- Alin. ((3) of art. 27 27 has been introduced by section 1 1 of art. unique from LAW no. 53 53 of 24 March 2015 , published in MONITORUL OFFICIAL no. 198 198 of 25 March 2015. + Article 28 The duration of the patrimonial rights on collective works is 70 years from the date of bringing the works to public knowledge. If it is not carried out for 70 years after the creation of the works, the duration of the patrimonial rights expires after the passage of 70 years since the creation of the works. + Article 29 Repealed. ------------- Article 29 has been repealed by point (a). 19 19 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 30 The patrimonial rights to computer programs last all the time of the author's life, and after his death are transmitted by inheritance, according to civil legislation, for a period of 70 years. ------------- Article 30 has been amended by section 6.6. 20 20 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 31 Non-essential changes, additions, cuts or adaptations brought to selection or arrangement, as well as the correction of the contents of a work or collection, which are necessary for the continuation of the collection's activity in the way it intended author of the work, will not extend the term of protection of this work or collection. + Article 32 The time limits set out in this Chapter shall be calculated as from 1 January of the year following the death of the author or bringing the work to public knowledge, as appropriate. + Chapter VI Limits on the exercise of copyright + Article 33 (1) They are allowed, without the consent of the author and without payment of any remuneration, the following uses of a work previously brought to public knowledge, provided that they are in accordance with the usual good ones, do not contravene the normal exploitation of the work and not to harm the author or the rightholders of the rights of use: a) reproduction of a work in judicial, parliamentary or administrative proceedings or for public safety purposes; b) the use of short quotations from an opera, for the purpose of analysis, commentary or criticism or as exemplification, in so far as their use justifies the extent of the quotation; c) the use of isolated or short articles drawn from works in publications, in radio or television broadcasts, or in audible or audiovisual recordings, intended solely for education, as well as reproduction for education, within the framework of educational or social protection institutions, of isolated or short articles extracted from works, to the extent justified by the aim pursued; d) reproduction for information and research of short extracts from works, within libraries, museums, filmotecs, phonoteces, archives of cultural or scientific public institutions, operating without profit; reproduction the full copy of a work is permitted, in order to replace it, in the event of destruction, serious deterioration or loss of the unique copy of the permanent collection of the library or archive; e) specific reproductions made by libraries accessible to the public, educational institutions or museums or by archives, which are not carried out in order to obtain a commercial or economic advantage, directly or indirectly; ------------- Letter e) a par. ((1) of art. 33 33 has been amended by section 4.2 8 8 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. f) reproduction, with the exclusion of any means that come in direct contact with the work, distribution or communication to the public of the image of a work of architecture, fine art, photographic or applied art, permanently located in public places, in outside cases where the image of the work is the main subject of such reproduction, distribution or communication and whether it is used for commercial purposes; g) representation and execution of a work in the activities of educational institutions, exclusively for specific purposes and provided that both representation or execution and public access are without payment; h) the use of works during religious celebrations or official ceremonies organized by a public authority; i) the use, for advertising purposes, of the images of the works presented in exhibitions with public or sales access, fairs, public auction of works of art, as a means of promoting the event, excluding any use commercial. (2) Under the conditions provided in par. (1), the reproduction, distribution, broadcasting or communication to the public shall be permitted, without a direct or indirect, commercial or economic advantage: a) of short extracts from press articles and radio or television reports, for the purpose of informing on current issues, except for those for which such use is expressly reserved; b) short fragments of conferences, speeches, pleas and other works of the same kind, which have been expressed orally in public, provided that these uses have as sole purpose the information on actuality; c) short excerpts of the works, within the information on current events, but only to the extent justified by the purpose of the information; d) of works, in the case of use exclusively for illustration in education or for scientific research; e) of works, for the benefit of persons with disabilities, who are directly related to that disability and within the limit required by that disability. ------------- Letter e) a par. ((2) of art. 33 33 has been amended by section 4.2 9 9 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) They are exempted from the right of reproduction, under the conditions provided in par. ((1), provisional acts of reproduction which are transient or ancillary and constitute an integral and essential part of a technical process and whose sole purpose is to allow transmission, within a network between third parties, by an intermediary, or the lawful use of a work or other protected object and which do not have an economic significance in its own right. -------------- Alin. ((3) of art. 33 33 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (4) In all cases provided in par. ((1) lit. b), c), e), f), i) and in par. (2) the source and the name of the author must be mentioned, unless this proves impossible; in the case of plastic, photographic or architectural works of art, the place where the original is found must also be mentioned. ------------- Article 33 has been amended by section 6.6. 21 21 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 34 (1) It does not constitute a violation of copyright, for the purposes of this law, the reproduction of a work without the consent of the author, for personal use or for the normal circle of a family, provided that the work was previously brought to the attention of public, and its reproduction does not contravene the normal use of the work and does not harm the author or the rights-holder of use. (2) For the supports on which sound or audiovisual recordings can be made or on which reproductions of graphically expressed works can be carried out, as well as for devices designed for the realization of children, in the situation provided in par. (1), a compensatory remuneration established by negotiation will be paid, according to the provisions of this law. ------------- Article 34 has been amended by section 4. 10 10 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 35 The transformation of a work, without the consent of the author and without payment of remuneration, is allowed in the following cases a) if it is a private transformation, which is not intended and is not made available to the public; b) whether the result of the transformation is a parody or a caricature, provided that the result does not create confusion regarding the original work and its author; c) if the conversion is imposed by the purpose of the use d) if the result of the transformation is a summary presentation of the works for didactic purposes, with the mention of the author. -------------- Letter d) of art. 35 35 was introduced by section 4.2. 11 11 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 36 Repealed. ------------- Article 36 has been repealed by point (a) 23 23 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 37 ((1) In order to test the operation of the products at the time of manufacture or sale, the companies producing or selling sound or audiovisual recordings, equipment for the reproduction or public communication thereof, as well as equipment for the reception of radio and television broadcasts, they may also reproduce the presence of extracts from the works, provided that these operations are reduced to the dimensions necessary for testing. ((2) For the supervision of the use of its own repertoire by third parties, collective management bodies may monitor by any means the activity of users, without the need for their authorization and without payment, and may request for this purpose and information of public interest, held, according to the law, by competent public institutions. -------------- Alin. ((2) of art. 37 37 has been amended by section 12 12 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. -------------- Article 37 has been amended by section 6.6. 13 13 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 38 (1) The divestment of the right of broadcasting of a work to a broadcasting or television body entitles it to record the work for the needs of its own broadcasts, in order to achieve, only once, the authorized broadcasting. In the case of a new broadcasting of the work thus recorded, a new authorization is required from the authors, in exchange for a remuneration that cannot be the subject of a waiver. If this authorisation is not requested within 6 months of the first broadcast, the registration must be destroyed. ((2) In the case of temporary recordings of works carried out by their own means by broadcasting or television organisations for their own broadcasts, the preservation of such records in the official archives shall be permitted where presents a special documentary value. -------------- Article 38 has been amended by section 6.6. 13 13 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Chapter VII The divestment of copyright + Section I Common provisions + Article 39 (1) The author or the copyright holder may contractually cede to other persons only his patrimonial rights. (2) The assignment of the author's patrimonial rights may be limited to certain rights, for a certain territory and for a certain duration. (3) The patrimonial rights of the author or of the copyright holder may be transmitted through exclusive or non-exclusive assignment. (4) In the case of exclusive assignment, the copyright holder himself may no longer use the work in the modalities, the term and the territory agreed with the transferee, nor can he transmit that right to another person. The exclusive nature of the assignment must be expressly provided for in the contract. (5) In the case of non-exclusive assignment, the copyright holder may use the work himself and transmit the non-exclusive right to other persons. (6) The non-exclusive transferee may not cede the right or a person other than with the express consent of the transferor. (7) The assignment of one of the patrimonial rights of the copyright holder has no effect on his other rights, unless otherwise agreed. (8) Consent referred to in par. (6) is not necessary if the transferee, the legal person, is transformed by one of the modalities provided by law. + Article 40 In the case of the assignment of the right to reproduction of a work it is presumed that the right to the distribution of the children of such a work has also been divested, with the exception of the right to import, unless otherwise provided by the contract. ------------- Article 40 has been amended by section 6.6. 25 25 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 41 (1) The contract for the assignment of property rights must provide for the patrimonial rights transmitted and to mention, for each of these, the modalities of use, duration and extent of the assignment, as well as the remuneration of the holder the copyright. The absence of any of these provisions entitles the party concerned to request the termination of the contract. ------------ Alin. ((1) of art. 41 41 has been amended by section 14 14 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (2) The sale of patrimonial rights regarding the totality of future works of the author, nominated or unnominated, is hit by absolute nullity. + Article 42 The existence and content of the contract for the assignment of patrimonial rights can be proved only by its written form. The contracts are the object of works used in the press. + Article 43 (1) The remuneration due under a contract for the sale of property rights shall be determined by the agreement of the parties. The amount of remuneration shall be calculated either in proportion to the proceeds from the use of the work, either in a fixed amount or in any other ------------- Alin. ((1) of art. 43 43 has been amended by section 27 27 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) When the remuneration has not been established by contract, the author may ask the competent judicial bodies, according to the law, to establish the remuneration. This will be made in view of the amounts usually paid for the same category of works, destination and duration of use, as well as other circumstances of the case. ------------- Alin. ((2) of art. 43 43 has been amended by section 27 27 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (3) In the case of an obvious disproportion between the remuneration of the author of the work and the benefits of the person who obtained the assignment of the patrimonial rights, the author may request the competent judicial bodies to review the contract remuneration. (4) The author cannot give up in advance the exercise of the right provided in par. ((3). + Article 44 (1) In the absence of a contractual clause contrary, for the works created in the performance of the duties specified in the individual employment contract, the patrimonial rights belong to the author of the created work. In this case, the author may authorize the use of the work by third parties, only with the consent of the employer and its reward for contributing to the costs of creation. The use of the work by the employer, within the object of activity, does not require the authorization of the employee. (2) If the clause provided in par. (1) exists, it is to include the term for which the patrimonial rights of the author were ceded. In the absence of specifying the term, it is three years from the date of handover of the work (3) After the expiry of the deadlines provided in par. (2), in the absence of a contrary clause, the employer is entitled to claim the author the payment of a reasonable share of the income obtained from the use of his work, in order to compensate the costs incurred by the employer for the creation of the work by employed, in the framework of his duties. (4) On the expiry of the term mentioned in paragraph (2) the patrimonial rights of the author. ((5) The author of a work created under an individual employment contract retains the exclusive right of use of the work as part of the whole of his creation. ------------- Article 44 has been amended by section 44. 28 28 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 45 (1) In the absence of a contrary convention, the holder of the copyright on a work published in a periodical publication retains the right to use it in any form, provided that it does not damage the publication in which the work appeared. (2) In the absence of a contrary convention, the copyright holder may freely dispose of the work, if it has not been published within one month from the date of acceptance, in the case of a daily newspaper, or within 6 months, in the case of other publications. + Article 46 (1) In the case of the order contract for future works, in the absence of a contrary clause, the patrimonial rights belong to the author. (2) The contract for the order of a future work must include both the term of surrender and the term of acceptance of the work. (3) The person ordering the work has the right to denounce the contract if the work does not meet the conditions In case of denunciation of the contract, the amounts collected by the author remain to him. If, in order to create a work that was the subject of a contract of order, preparatory works have been carried out, the author is entitled to the refund of the expenses incurred. ------------- Alin. ((3) of art. 46 46 has been amended by section 15 15 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ------------- Article 46 has been amended by section 6.6. 29 29 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 47 ((1) The author may request the abolition of the contract of assignment of the patrimonial right if the transferee does not use it or use it to an insufficient extent and if, by that, the justified interests of the author are affected considerably. ------------- Alin. ((1) of art. 47 47 has been amended by section 30 30 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) The author cannot request the abolition of the assignment contract, if the reasons for non-use or insufficient use are due to his own culpe, the deed of a third party, a fortuitous case or force majeure. ------------- Alin. ((2) of art. 47 47 has been amended by section 30 30 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (3) The abolition of the assignment contract, referred to in par. ((1), may not be requested before the expiry of two years from the date of assignment of the patrimonial right to a work. In the case of works ceded for daily publications, this term will be three months, and in the case of regular, one-year publications. ------------- Alin. ((3) of art. 47 47 has been amended by section 30 30 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (4) The owner of the original of a fine art or photographic work has the right to expose it publicly, even if it has not been brought to public knowledge, unless the author expressly excluded this right by the act of alienation of the original. (5) The author may not give up in advance the exercise of his right to request the abolition of the assignment contract referred to in par. ((1). (6) The acquisition of property on the material support of the work does not by itself confer a right of use on the work. ------------- Alin. ((6) of art. 47 47 has been amended by section 30 30 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Section II The editing contract + Article 48 (1) Through the editing contract, the copyright holder gives the publisher, in exchange for remuneration, the right to reproduce and distribute the work. ------------- Alin. ((1) of art. 48 48 has been amended by section 31 31 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) It does not constitute a contract to edit the convention by which the copyright holder empowers him, at his own expense, on an editor, to reproduce and possibly distribute the work. ------------- Alin. ((2) of art. 48 48 has been amended by section 31 31 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (3) In the situation referred to in par. (2) The provisions of common law relating to the contract of the contract shall apply. + Article 49 The copyright holder may give in to the publisher and the right to authorize the translation and adaptation of the work + Article 50 The assignment to the publisher of the right to authorize other persons to adapt the work or to use it in any other way must be subject to an express contractual provision. ------------- Article 50 has been amended by section 6.6. 32 32 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 51 (. The editing contract shall include clauses on: a) duration of the assignment; b) the exclusive or non-exclusive nature and territorial extent of the assignment; c) the maximum and minimum number of specimens; d) the remuneration of the author, established under the present law; e) number of copies reserved to the author free of charge; f) the term for the appearance and dissemination of copies of each edition or, where applicable, of each circulation; g) the term of teaching the original of the work by the author; h) the procedure for controlling the number of copies produced by the publisher. (2) The absence of any of the clauses referred to in lett. a), b) and d) entitle the interested party to request the cancellation of the contract. + Article 52 (1) The publisher who acquired the right to publish the work in the form of a volume has, compared to other similar bidders, at equal price, the priority right of publication of the work in electronic form. The publisher must opt in writing, no later than 30 days after receipt of the author's written offer. (2) The right referred to in paragraph ((1) is valid for 3 years from the date of publication of the work. + Article 53 The publisher is obliged to allow the author to make improvements or other changes to the work in the case of a new edition, provided that these improvements or changes do not essentially increase the costs of the publisher and not change the character of the work, if in the contract is not provided otherwise. + Article 54 The publisher will only be able to give the editing contract with the author + Article 55 The publisher is obliged to return to the author the original of the work, the originals of the works of art, the illustrations and any other documents received for publication, unless otherwise agreed. + Article 56 (1) In the absence of a contrary clause, the editing contract will cease after the expiry of the established duration or after the exhaustion of the last agreed edition ------------- Alin. ((1) of art. 56 56 has been amended by section 33 33 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) The edition or circulation of which the number of unsold copies is less than 5% of the total number of copies shall be deemed to be exhausted and, in any case, if it is less than 100 copies. (3) If the publisher does not publish the work within the agreed period, the author may request, according to the common law, the abolition of the contract and damages for In this case, the author shall keep the remuneration received or, where appropriate, request payment of the full remuneration provided for in the contract. (4) If the term for publication of the work is not provided for in the contract, the publisher shall be obliged to publish it no later than one year after the date of its acceptance. (5) If the publisher intends to destroy the copies of the work, left in stock after a period of 2 years from the date of publication, and if no other period is provided in the contract, it is obliged to provide them first to the author. -------------- Alin. ((5) of art. 56 56 has been amended by section 16 16 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 57 (1) In the case of destruction of the work due to force majeure, the author is entitled to a remuneration which will be paid to him only if the work has been published. (2) If a prepared edition is totally destroyed, due to force majeure, before being put into circulation, the publisher is entitled to prepare a new edition, and the author will have the right of remuneration only for one of these editions. -------------- Alin. ((2) of art. 57 57 has been amended by section 17 17 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) If a prepared edition is partially destroyed, due to force majeure, before being put into circulation, the publisher is entitled to reproduce, without payment of the remuneration to the author, only so many copies have been destroyed. -------------- Alin. ((3) of art. 57 57 has been amended by section 17 17 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Section III Contract for theatrical representation or musical execution + Article 58 (1) By the contract of theatrical representation or musical execution the copyright holder cedes to a natural or legal person the right to represent or to execute in public a current or future work, literary, dramatic, musical, dramatic-musical, choreographic or a pantomime, in exchange for a remuneration, and the transferee undertakes to represent or execute her under the agreed conditions. -------------- Alin. ((1) of art. 58 58 has been amended by section 17 17 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (2) General contracts of theatrical representation or musical execution may be concluded and through collective management bodies, under the conditions provided in art. 130 130 para. ((1) lit. c). ------------- Article 58 has been amended by section 6.6. 34 34 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 59 (1) The contract of theatrical representation or musical execution shall be concluded in writing, for a determined duration or for a determined number of public communications. ------------- Alin. ((1) of art. 59 59 has been amended by section 35 35 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. ((2) The contract must provide for the term in which the first or only representation or execution of the work will take place, as the case may be, the exclusive or non-exclusive nature of the assignment, the territory, as well as the ------------- Alin. ((2) of art. 59 59 has been amended by section 35 35 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (3) Discontinuation of representations or executions for 2 consecutive years, if no other term has been provided by contract, entitles the author to request the termination of the contract and damages for non-performance, according to the common law. ------------- Alin. ((3) of art. 59 59 has been amended by section 17 17 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ((4) The beneficiary of a contract of theatrical representation or musical execution cannot give in to a third party, an organizer of performances, without the written consent of the author or his representative, apart from the case of the concurrent, total or partial, of this activity. ------------- Alin. ((4) of art. 59 59 has been amended by section 17 17 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 60 (1) The transferee is obliged to allow the author to control the representation or execution of the work and to adequately support the realization of technical conditions for the interpretation of the work The transferee must also send the author the program, posters and other printed materials, public reviews about the show, unless otherwise provided in the contract. (2) The transferee shall be obliged to ensure the public representation or execution of the work in appropriate technical conditions, as well as the respect of the rights + Article 61 (1) The transferee is obliged to periodically communicate to the holder of the copyright the number of performances or musical executions, as well as the situation of the receipts. For this purpose, the contract for theatrical representation or musical execution must also provide for periods of communication, but not less than once a year. (2) The transferee must pay the author, at the terms stipulated in the contract, the amounts in the agreed amount. + Article 62 If the transferee does not represent or execute the work within the prescribed period, the author may request, according to common law, the abolition of the contract and damages for non-execution In this case, the author shall keep the remuneration received or, where appropriate, request payment of the full remuneration provided for in the contract. + Section IV The lease agreement + Article 63 (1) By the lease of a work, the author undertakes to allow the use, in determined time, at least of a copy of his work, in original or in copy, in particular computer programs or works fixed in records sound or audiovisual. The beneficiary of the rental right undertakes to pay a remuneration to the author while using that copy of the work. (2) The contract for the rental of a work is subject to the provisions of common law on the lease contract. (3) The author retains the copyright on the rented work, except for the right of distribution, unless otherwise agreed. ------------- Article 63 has been amended by section 6.6. 36 36 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Part II Special provisions + Chapter VIII Cinematographic works and other audiovisual works + Article 64 The audiovisual work is the cinematographic work, the work expressed through a process similar to cinema or any other work consisting of a succession of moving images, accompanied or not by sounds. ------------- Article 64 has been amended by section 4. 37 37 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 65 (1) The director or, as the case may be, the producer of the audiovisual work is the individual who, in the contract with the producer, assumes the management of the creation and realization of the audiovisual work, as the main author ------------- Alin. ((1) of art. 65 65 has been amended by section 17 17 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (2) The producer of an audiovisual work is the natural or legal person who assumes the responsibility of the production and, in this capacity, organizes the realization of the work and provides the necessary technical and financial means. (3) For the realization of an audiovisual work, the written form of the contract between the producer and the main author is mandatory -------------- Alin. ((3) of art. 65 65 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 66 They are authors of the audiovisual work, under the conditions provided in art. 5, the director or the filmmaker, the author of the adaptation, the author of the script, the author of the dialogue, the author of the music specially created for the audiovisual work and the graphic author for the animation works or animation sequences, when the latter represents an important part of the work. In the contract between the producer and the director or the producer of the work the parties may agree to be included as authors of the audiovisual work and other creators who have contributed substantially to its creation. -------------- Article 66 has been amended by section 6.6. 18 18 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 67 (1) If one of the authors referred to in art. 66 refuses to finalize his contribution to the audiovisual work or is unable to do so, he will not be able to oppose its use in order to finalize the audiovisual work. This author will be entitled to remuneration for his contribution. ------------- Alin. ((1) of art. 67 67 has been amended by section 38 38 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) The audiovisual work is considered finite, when the definitive version has been agreed between the main author and the producer. (3) It is forbidden to destroy the original support of the definitive version of the audiovisual work in the form of standard copies. (4) The authors of the audiovisual work, other than the main author, cannot oppose bringing to public knowledge, as well as the specific use of the definitive version of the work, in whole or in part. ------------- Alin. ((4) of art. 67 67 has been amended by section 38 38 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 68 (1) The right to audiovisual adaptation is the exclusive right of the copyright holder to a pre-existing work to transform it or to include it in an audiovisual work. (2) The assignment of the right provided in par. ((1) may be made only on the basis of a written contract between the copyright holder and the producer of the audiovisual work, distinct from the contract for the editing of the work. (3) By concluding the adaptation contract, the holder of the copyright on a pre-existing work shall transfer to a producer the exclusive right of transformation and inclusion of that work in an audiovisual work. ((4) The authorization granted by the holder of the copyright on the preexisting work must expressly provide for the conditions of production, dissemination and projection of the audiovisual work. + Article 69 Moral rights to finished work are recognized only to authors established according to art. 66 66 of this law. + Article 70 (1) The contracts concluded between the authors of the audiovisual work and the producer, in the absence of a contrary clause, are presumed that they, with the exception of the authors of the specially created music, give the producer the exclusive rights regarding the use of the its assembly, provided for in art. 13, as well as the right to authorize duplication and subtitles, in exchange for a fair remuneration. -------------- Alin. ((1) of art. 70 70 has been amended by section 19 19 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (2) In the absence of a contrary clause, the authors of the audiovisual work, as well as other authors of contributions thereto, retain all rights of separate use of their own contributions, as well as the right to authorize and/or prohibit uses outside the specific one of the work, in whole or in part, such as the use of fragments of the cinematographic work for advertising, other than for the promotion of the work, under the conditions of ------------- Article 70 has been amended by point 39 39 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 71 (1) In the absence of a contrary clause, the remuneration for each mode of use of the audiovisual work is proportional to the gross proceeds resulting from the use of the work. (2) The producer is obliged to submit to the authors, periodically, the situation of the collected receipts after each mode of use. The authors receive the remuneration due either through the manufacturer, either directly from the users or through the collective management bodies of the copyright, based on the general contracts concluded by them with the users. For the rental right, the authors receive the remuneration according to art. 111 111 ^ 1. (3) If the producer does not complete the audiovisual work in five years after the conclusion of the contract or does not broadcast the audiovisual work within a year after its completion, the co-authors may request the termination of the contract, unless otherwise agreed. ------------- Article 71 has been amended by section 6.6. 40 40 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Chapter IX Computer programs + Article 72 (1) By this law, the protection of computer programs includes any expression of a program, application programs and operating systems, expressed in any kind of language, whether in code-source or code-object, preparatory material, as well as textbooks. (2) Ideas, processes, methods of operation, mathematical concepts and principles underlying any element in a computer program, including those underlying its interfaces, are not protected. + Article 73 (1) The copyright holder of a computer program shall duly benefit from the rights provided by this Law, in Part I of this Title, in particular by the exclusive right to carry out and authorize: ------------- The introductory part of art. 73 73 has been amended by section 4.2 41 41 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. a) the permanent or temporary reproduction of a program, in whole or in part, by any means and in any form, including where reproduction is determined by the installation, storage, running or execution, display or transmission in network; ------------- Lit. a) of art. 73 73 has been amended by section 4.2 41 41 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. b) the translation, adaptation, arrangement and any other transformations to a computer program, as well as the reproduction of the result of these operations, without prejudice to the rights of the person who transforms the computer program; c) the distribution and rental of the original or of the children, in any form, of a computer program. ------------- Letter c) a par. ((1) of art. 73 73 has been amended by section 4.2 18 18 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (2) The first sale of the copy of a computer program on the internal market by the holder of the rights or the one made with its consent exhausts the exclusive right of authorization of the distribution of this copy to the internal market. ------------- Alin. ((2) of art. 73 73 has been amended by section 19 19 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 74 In the absence of a contrary clause, the patrimonial copyright on computer programs, created by one or more employees in the exercise of their duties or by the instructions of the employee, belong to the latter. ------------- Article 74 has been amended by section 4. 42 42 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 75 (1) In the absence of a contrary clause, a contract for the use of a computer program shall be presumed to: ------------- The introductory part of para. ((1) of art. 75 75 has been amended by section 4.2 43 43 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. a) the user is granted the non-exclusive right to use the computer program; b) the user cannot transmit to another person the right to use the computer program. (2) The assignment of the right to use a computer program does not involve the transfer of copyright to it. + Article 76 In the absence of a contrary clause, the acts provided for in art. 73 lit. a) and b), if they are necessary to allow the legitimate acquirer to use the computer program in a manner corresponding to its destination, including for the correction of errors. ------------- Article 76 has been amended by section 6.6. 44 44 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 77 (1) The authorized user of a computer program may, without authorization of the copyright holder, make an archive or safety copy, in so far as it is necessary to ensure the use of the program. ------------- Alin. ((1) of art. 77 77 has been amended by section 45 45 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) The authorized user of the copy of a computer program may, without authorization of the copyright holder, analyze, study or test the operation of this program in order to determine the ideas and principles underlying the basis of any element thereof, on the occasion of any installation, display, rolling or execution, transmission or storage of the programme, operations which it is entitled to carry out. ------------- Alin. ((2) of art. 77 77 has been amended by section 45 45 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (3) Provisions art. 10 lit. e) of this law does not apply to computer programs. + Article 78 Authorization of the copyright holder is not mandatory when reproduction of the code or translation of the form of this code is indispensable for obtaining the information necessary for the interoperability of a computer program with other computer programs, if the following conditions are met: ------------- The introductory part of art. 78 78 has been amended by section 4.2 46 46 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. a) the acts of reproduction and translation are fulfilled by a person who holds the right to use a copy of the program or a person who performs these actions on behalf of the teeth, being empowered for this purpose; b) the information necessary for interoperability is not easily and quickly accessible to the persons referred to a) of this Article; c) the documents provided in a) of this Article shall be limited to the parts of the programme necessary for interoperability. + Article 79 Information obtained by applying art. 78 78: a) may not be used for purposes other than to achieve the interoperability of the computer program, created independently; ------------ Letter a) of art. 79 79 has been amended by section 4.2 20 20 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. b) may not be communicated to other persons, unless the communication proves necessary for the interoperability of the computer program, created independently; c) may not be used for the completion, production or marketing of a computer program, the expression of which is fundamentally similar, or for any other act affecting the rights of the copyright holder. ------------- Lit. c) of art. 79 79 has been amended by section 4.2 47 47 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 80 Art. 78 78 and 79 shall not apply, if damage is caused to the rightholder of the copyright or the normal use of the computer program. ------------- Article 80 has been amended by section 6.6. 48 48 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 81 Provisions head. VI of this Title shall not apply to computer programs. + Chapter X Works of fine art, architecture and photography + Article 82 The natural or legal person organizing art exhibitions is responsible for the integrity of the works on display, taking all measures to remove any risk. + Article 83 (1) The contract for the reproduction of a work of art must contain indications that allow the identification of the work, such as a summary description, a sketch, a drawing, a photo, as well as references to the author's signature. ((2) Reproductions will not be able to be put up for sale without the copyright holder having approved the copy submitted to him for examination. (3) On all specimens must appear the name or pseudonym of the author or any other agreed sign allowing its identification. (4) The original models and other elements that have served to the one who made the reproductions must be returned to the holder with any title thereof, unless otherwise agreed. (5) The instruments specially created for the reproduction of the work must be destroyed or made unusable, if the holder of the copyright on the work does not acquire them and unless otherwise agreed. + Article 84 (1) Studies and projects of architecture and urbanism displayed near the construction site of the architectural work, as well as the construction carried out after them must bear writing the name of the author, in visible place, if by contract it was not agreed otherwise. ------------- Alin. ((1) of art. 84 84 has been amended by section 20 20 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (2) The construction of a work of architecture, carried out totally or partially after another project, can only be done with the consent of the copyright holder on that project. + Article 85 (1) They are considered photographic works and the photograms of film films. (2) The photographs of letters, documents, documents of any kind, technical drawings and the like may not benefit from the legal protection of copyright. + Article 86 (1) The right of the author of a photographic work to use his own work must not prejudice the rights of the author of the artwork reproduced in the photographic work. ------------- Alin. ((1) of art. 86 86 has been amended by section 49 49 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) The patrimonial rights to the photographic work, which was created in the performance of an individual employment contract or to order, are presumed to belong, for a period of 3 years, to the employee or to the person who made the order, if by contract was not provided otherwise. (3) The alienation of the negative of a photographic work has the effect of transmitting the patrimonial rights of the copyright holder on it, if the contract was not otherwise provided. + Article 87 (1) The photo of a person, when executed on order, may be published, reproduced by the person photographed or by his successors, without the consent of the author, unless otherwise agreed. (2) If the name of the author appears on the original copy of the photo, he must also be mentioned on the reproductions. ------------- Alin. ((2) of art. 87 87 has been amended by section 20 20 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Chapter XI Protection of the portrait, the recipient of the correspondence and the secrecy of the information source + Article 88 (1) The use of a work containing a portrait requires the consent of the person represented in this portrait, under the conditions provided by art. 73, 74 and 79 of the Civil Code. Also, the author, its owner or its owner does not have the right to reproduce or use it without the consent of the successors of the person represented, for 20 years after its death, in compliance with the provisions of art. 79 of the Civil Code. (2) In the absence of a contrary clause, consent is not necessary if the person represented in the portrait is a model profession or received a remuneration to pose for that portrait. Also, the existence of consent is presumed under the conditions of art. 76 of the Civil Code. ------------- Article 88 has been amended by section 6.6. 1 1 of art. 21, Section 3, Cap. III of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 89 The use of a correspondence addressed to a person requires the consent of the recipient, and after his death, for 20 years, of his successors, if the recipient did not want otherwise. In all cases, the provisions of art. 71 71 para. ((1) and (2), art. 72, 74 and 79 of the Civil Code. ------------- Article 89 has been amended by section 6.6. 2 2 of art. 21, Section 3, Cap. III of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 90 The person represented in a portrait and the receiving person of a correspondence may exercise the right provided for in art. 10 lit. d), with regard to the use of the work containing the portrait or correspondence, as the case may be. ------------- Article 90 has been amended by section 6.6. 52 52 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 91 (1) The publisher or producer, at the request of the author, is obliged to keep the secret of the sources of information used in the works and not to publish the documents relating thereto ((2) Disclosure of secrecy shall be permitted with the consent of the person who has entrusted him or on the basis of a judicial, final and irrevocable decision. + Title II Rights related to copyright Rights related to copyright and sui-generis rights ------------- The name of Title II has been amended by point 53 53 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Chapter I Common provisions + Article 92 (1) Rights related to copyright are without prejudice to the rights of the authors. No provision of this Title shall be construed as a limitation of the exercise of copyright. (2) The patrimonial rights recognized in this title may be assigned, in whole or in part, under the conditions provided in art. 39-43, which is applied by analogy. These rights may be the subject of an exclusive or non-exclusive assignment. ------------- Alin. ((2) of art. 92 92 has been amended by section 54 54 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 93 Repealed. ------------- Article 93 was repealed by point (a). 55 55 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 94 They are recognized and protected, as rightholders related to copyright, performers, for their own interpretations or executions, producers of sound recordings and producers of audiovisual recordings, for their own records, and broadcasting and television organisations, for their own programmes and programme services. ------------- Article 94 has been amended by section 4. 56 56 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Chapter II Rights of performers or performers + Article 95 For the purposes of this law, by performers it is understood: actors, singers, musicians, dancers and other people who present, sing, dance, recite, rant, play, interpret, direct, direct or execute in any event. another way a literary or artistic work, a performance of any kind, including folkloric, variety, circus or puppet. + Article 96 The performer has the following moral rights: a) the right to claim recognition of the paternity of their own interpretation or execution; b) the right to claim that the name or pseudonym or to be indicated or communicated to each show and to each use of its registration; c) the right to claim respect for the quality of its performance and to oppose any deformation, falsification or other substantial modification of the interpretation or its execution or any violation of its rights, which would seriously harm the honour or its reputation; d) repealed; ------------- Lit. d) of art. 96 96 has been repealed by section 6.6. 57 57 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 97 (1) The rights provided in art. 96 may not be subject to any waiver or estrangement. (2) After the death of the artist interpreter or executor, the exercise of the rights 96 is transmitted by inheritance, according to civil legislation, for unlimited duration. If there are no heirs, the exercise of these rights lies with the collective management body that administered the rights of the artist interpreter or executor, or, as the case may be, to the body with the largest number of members, ------------- Alin. ((2) of art. 97 97 has been amended by section 58 58 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 98 (1) The interpreter or executor has the exclusive patrimonial right to authorize or prohibit the following: a) fixing the interpretation or its execution; b) reproduction of the fixed interpretation or execution; ------------- Lit. b) a par. ((1) of art. 98 98 has been amended by section 4.2 21 21 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. c) distribution of the interpretation or execution; d) the rental of the interpretation or execution; e) the loan of the interpretation or execution; f) import for sale on the internal market of interpretation or execution; g) the broadcasting and public communication of the interpretation or its execution, unless the interpretation or execution has already been fixed or broadcast; ------------- Lit. g) a par. ((1) of art. 98 98 has been amended by section 4.2 21 21 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. g ^ 1) in the situation specified in lett. g) are entitled only to equitable remuneration; ------------- Lit. g ^ 1) a par. ((1) of art. 98 98 was introduced by section 4.2. 22 22 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. h) making available to the public the interpretation or its execution fixed, so that it can be accessed, at any place and at any time chosen, individually, by the public; i) cable retransmission of the interpretation or execution fixed. (2) For the purposes of this Law, the incorporation of sounds, images or sounds and images or their digital representation on support that allows the perception, reproduction or public communication of them, with the help of a device. ------------- Alin. ((2) of art. 98 98 has been amended by section 23 23 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) The fair remuneration provided in par. ((1) lit. g) is established and collected according to the procedure provided in art. 131 131, 131 ^ 1, 131 ^ 2 and 133. ------------- Alin. ((3) of art. 98 98 has been amended by section 22 22 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (4) The definitions provided in art. 14, 14 ^ 1, 14 ^ 2, 14 ^ 3, 14 ^ 4, art. 15 15 para. ((1), art. 15 ^ 1 and 15 ^ 2 shall also apply accordingly to the rights referred to in paragraph 1. ((1). ------------- Alin. ((4) of art. 98 98 has been introduced by section 23 23 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. ------------- Article 98 has been amended by section 6.6. 59 59 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 99 (1) For the purposes of this law, the execution or interpretation of a work is collective, if the individual interpretations or executions form a whole, without being possible, given the nature of the interpretation or execution, to assign a right distinct to any of the participating artists on the ensemble of interpretation or execution. (2) In order to exercise the exclusive rights regarding the authorization provided for in art. 98, performers who participate, collectively, in the same interpretation or execution, such as the members of a musical group, of a choir, of an orchestra, of a corps of ballet or of a theatrical band, must mandate, in written, among them, a representative, with the consent of most members. (3) They are exempted from the provisions of par. (2) the director, conductor and soloists. ------------- Article 99 has been amended by section 6.6. 60 60 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 100 In the case of an interpretation or execution carried out by an artist, within the framework of an individual employment contract, the patrimonial rights provided in art. 98, which are transmitted to the employer, must be expressly provided for in the individual employment contract. ------------- Article 100 has been amended by section 61 61 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 101 In the absence of a contrary clause, the interpreter or performer, who participated in the performance of an audiovisual work, an audiovisual recording or a sound recording, is presumed to give in to its producer, in exchange for a equitable remuneration, the exclusive right to use its performance thus fixed, by reproduction, distribution, import, hire and loan. ------------- Article 101 has been amended by section 1. 62 62 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 102 (1) The duration of protection of the patrimonial rights of performers is 50 years from the date of interpretation or execution, with the following exceptions: a) if the fixation of the execution, other than on a phonogram, is subject to legal publication or legal communication to the public within this period, the rights shall cease 50 years after the first publication or from the first communication to the public, depending on which of these data is the first; b) if the fixation of execution on a phonogram is subject to legal publication or legal communication to the public within this period, the rights shall cease 70 years after the first such publication or from the first such publication. communication to the public, depending on which of these data is the first. ------------- Alin. ((1) of art. 102 102 has been amended by section 2 2 of art. unique from LAW no. 53 53 of 24 March 2015 , published in MONITORUL OFFICIAL no. 198 198 of 25 March 2015. (2) Duration provided in par. ((1) shall be calculated with effect from 1 January of the year following the entitlement generator. ------------- Article 102 has been amended by section 4.2. 24 24 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 102 ^ 1 (1) Where, 50 years after the legal publication of the phonogram or, in the absence of such publication, 50 years after its legal communication to the public, the phonogram producer does not provide copies of the phonogram for sale in a sufficient quantity or does not make the phonogram available to the public, by cable or without cable, in such a way that members of the public have individual access from the place and time chosen, the performer or performer can terminate the contract by which he assignee to a phonogram producer the rights to the fixing of its execution, hereinafter referred to as Assignment contract. (2) The right of termination of the contract of assignment may be exercised on condition that the producer, within one year of the notification by the performer or executor of his intention to terminate the assignment contract pursuant to par. (1), not to carry out the two operating activities provided in par. ((1). (3) The right of termination may not be the subject of a waiver by the performer or performer. ((4) If the phonogram is recorded the interpretations of several performers, they may terminate their assignment contracts in accordance with the applicable national law. Where the assignment contract is terminated pursuant to this Article, the phonogram producer's rights to the phonogram shall cease. ((5) If the assignment contract provides for the right of the artist to be an interpreter or executor of a single remuneration, he shall be entitled to receive from the phonogram producer an annual additional remuneration for each full year immediately following: the 50th year after the legal publication of the phonogram or, in the absence of such publication, the 50th year from its legal communication to the public. (6) The right to obtain an additional annual remuneration may not be the subject of a waiver by the performer or performer. (7) The total amount that the phonogram producer must allocate for the payment of the additional annual remuneration referred to in par. (5) corresponds to 20% of the revenue that the phonogram producer obtained during the year preceding that for which the remuneration is paid, from the reproduction, distribution and making available of those phonograms, after the 50th year after the legal publication of the phonogram or, in the absence of such publication, after the 50th year after its legal communication to the public. (8) The producers of phonograms must provide, upon request, to performers who are entitled to the payment of the annual supplementary remuneration any information necessary to ensure the payment of that remuneration. (9) The right to obtain the annual additional remuneration, as provided in par. ((5) is managed by the collecting societies. (10) If an interpreter or performer is entitled to a gradually paid remuneration, neither advance payments nor the discounts defined in the contract shall be deducted from payments made to the artist after the 50th year following the publication. legal of the phonogram or, in the absence of such publication, after the 50th year from the legal communication to the public thereof. ------------- Art. 102 ^ 1 was introduced by item 3 3 of art. unique from LAW no. 53 53 of 24 March 2015 , published in MONITORUL OFFICIAL no. 198 198 of 25 March 2015. + Chapter III Rights of sound recording producers + Article 103 (1) It is considered sound recording or phonogram, for the purposes of this law, the fixing of sounds originating from an interpretation or execution or other sounds or the digital representation of these sounds, other than in the form of an embedded fixation in a film or other audiovisual work. ------------- Alin. ((1) of art. 103 103 has been amended by section 25 25 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (2) The producer of sound recordings is the natural or legal person who has the initiative and assumes the responsibility of organizing and financing the realization of the first fixation of sounds, whether or not they constitute an opera within the meaning of this law. ------------- Article 103 has been amended by point 63 63 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 104 In the case of reproduction and distribution of sound recordings, the manufacturer shall be entitled to enroll on their supports, including covers, boxes and other packaging material, in addition to the particulars concerning the author and the performer, or executing, the titles of the works, the year of the first publication, the trade mark, and the name or name of the manufacturer ------------- Article 104 has been amended by section 6.6. 64 64 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 105 (1) Under the conditions provided in art. 92 92 para. (1), the sound recording producer shall have the exclusive patrimonial right to authorize or prohibit the following: a) reproduction by any means and in any form of sound recordings; ------------- Lit. a) a par. ((1) of art. 105 105 has been amended by section 4.2 24 24 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. b) the distribution of sound recordings; c) renting their own sound recordings; d) borrowing of sound recordings e) import, with a view to marketing on the internal market, the legal copies made of their own sound recordings; f) the broadcasting and public communication of its own sound recordings, with the exception of those published for commercial purposes, in which case it is entitled only to fair remuneration; ------------- Lit. f) a par. ((1) of art. 105 105 has been amended by section 4.2 24 24 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. g) making available to the public their own sound recordings, so that they can be accessed, at any place and at any time chosen, individually, by the public; h) cable retransmission of own sound recordings. (2) The definitions of art. 14, 14 ^ 1, 14 ^ 2, 14 ^ 3, 14 ^ 4, art. 15 15 para. ((1), art. 15 ^ 1 and 15 ^ 2 shall apply, by analogy, to the rights provided in par. ((1). (3) The sound recording producer has the right to prevent the importation of copies of his own sound recordings made without his authorization. (4) Provisions of para. ((1) lit. e) does not apply when the import is made by a natural person, without commercial purposes, in the personal luggage legally admitted. ------------- Article 105 has been amended by section 6.6. 65 65 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 106 (1) The duration of protection of the property rights of the producers of phonograms is 50 years from the date of the first fixation. However, if during this period the phonogram is subject to legal publication or public communication, the duration of protection of rights is 70 years from the date on which the first of them took place. ------------- Alin. ((1) of art. 106 106 has been amended by section 4 4 of art. unique from LAW no. 53 53 of 24 March 2015 , published in MONITORUL OFFICIAL no. 198 198 of 25 March 2015. (2) Duration provided in par. ((1) shall be calculated with effect from 1 January of the year following the entitlement generator. ------------- Article 106 has been amended by section 6.6. 27 27 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Chapter III ^ 1 Rights of audiovisual recording producers ------------- Head. III ^ 1 of Title II has been introduced by section 66 66 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 106 ^ 1 (1) It is considered audiovisual recording or videogram, for the purposes of this law, any fixing of an audiovisual work or sequences of moving images, whether or not accompanied by sound, whatever the method and support used for it fixing. ((2) The producer of an audiovisual record is the natural or legal person who has the initiative and takes responsibility for the organization and realization of the first fixation of an audiovisual work or sequences of moving images, accompanied or not sound and, in that capacity, provide the necessary technical and financial means. ------------- Art. 106 ^ 1 was introduced by item 66 66 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 106 ^ 2 In the case of reproduction and distribution of their own audiovisual records, the manufacturer shall be entitled to enroll on their supports, including covers, boxes and other packing material, the name or the name of the manufacturer, in addition to the entries concerning the author and the performer, the titles of the works, the year of the first publication, the trade mark and the name or the name of the manufacturer. ------------- Art. 106 ^ 2 was introduced by item 66 66 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 106 ^ 3 (1) The producer of an audiovisual record has the exclusive patrimonial right to authorize or prohibit the following: a) reproduction by any means and in any form of their own audiovisual records; ------------- Lit. a) a par. ((1) of art. 106 106 ^ 3 was amended by section 4.2. 25 25 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. b) distribution of the original or copies of their own audiovisual records; c) renting their own audiovisual records; d) borrowing of their own audiovisual records; e) import, with a view to marketing on the internal market, of their own audiovisual records; f) public broadcasting and communication of their own audiovisual recordings; g) making available to the public their own audiovisual recordings, so that they can be accessed, at any place and at any time chosen, individually, by the public; h) cable retransmission of own audiovisual recordings. (2) The definitions of art. 14, 14 ^ 1, 14 ^ 2, 14 ^ 3, 14 ^ 4, 15 para. ((1), art. 15 ^ 1 and 15 ^ 2 shall apply, by analogy, to the rights provided in par. ((1). ------------- Art. 106 ^ 3 was introduced by item 66 66 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 106 ^ 4 (1) The duration of the patrimonial rights of audiovisual recording producers is 50 years from the date of the first fixation. However, if the registration during this period is the subject of a public publication or communication, the duration of the rights shall be 50 years from the date on which any of them took place for the first time. (2) Duration provided in par. ((1) shall be calculated with effect from 1 January of the year following the entitlement generator. ------------- Article 106 ^ 4 has been amended by section 4. 28 28 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Chapter IV Provisions common to authors, performers and producers and producers of sound and audiovisual recordings + Article 106 ^ 5 ((1) For the direct or indirect use of phonograms published for commercial purposes or their reproductions by broadcasting or by any means of communication to the public, performers and producers of phonograms have the right to a fair remuneration. (2) The amount of this remuneration is determined by the methodologies, according to the procedure provided in art. 131 131, 131 ^ 1 and 131 ^ 2. ((3) The collection of the single remuneration is carried out under the conditions provided in art. 133. (4) The beneficiary collective management bodies shall establish, through a protocol, which shall be submitted to the Romanian Copyright Office, the proportion of the distribution of remuneration between the two categories of beneficiaries. If the beneficiaries do not submit the protocol to the Romanian Copyright Office, within 30 days from the date of entry into force of the methodologies, the remuneration shall be divided, equally, between the two categories of beneficiaries. ------------- Art. 106 ^ 5 was introduced by item 67 67 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 106 ^ 6 The right of distribution shall be exhausted with the first sale or the first transfer of ownership of the original or copies of a sound or audiovisual recording on the internal market by the the rightholder or with his consent. ------------- Art. 106 ^ 6 was introduced by item 67 67 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 107 ((1) The authors of the works likely to be reproduced by sound or audiovisual recordings on any type of support, as well as those of works likely to be reproduced on paper, directly or indirectly, under the conditions provided in art. 34 34 para. (1), shall be entitled, together with the publishers, producers and performers, as the case may be, to a compensatory remuneration for the private copy, according to art. 34 34 para. ((2). The right to compensatory remuneration for private copying may not be the subject of a waiver by beneficiaries. (2) The compensatory remuneration for private copying shall be paid by the manufacturers and/or importers of appliance holders, as provided for in art. 34 34 para. (2), whether the process used is an analogue or digital one. (3) Importers and manufacturers of supports and appliances, provided in art. 34 34 para. (2), are obliged to register with the Romanian Copyright Office, in the National Register of Private Copy, and may carry out the respective import or production activities only after obtaining from the Romanian Copyright Office. of the registration certificate. This certificate shall be issued by the Romanian Copyright Office, on the basis of the evidence of the legally declared object of activity and of the Single Registration Certificate at the trade register, within 5 days of their submission. (4) The list of the supports and apparatus for which the compensatory remuneration for the private copy is due, as well as the amount of this remuneration shall be negotiated every 3 years, if one of the parties requires it, within the framework of committees set up of: a) a representative of the main collective management bodies, operating for a category of rights, on the one hand; b) one representative of the main associative structures mandated by the manufacturers and importers of supports and appliances, appointed by the respective associative structures, and one representative of the first 3 manufacturers and major importers of supports and appliances, established on the basis of turnover and market share in the respective field, provided that they are declared for this purpose at the Romanian Office for Copyright on their own responsibility, on the other hand. (5) In order to initiate negotiations according to the procedures provided for in art. 131 131 para. (2)-(4), the collective management bodies or the associative structures of the manufacturers and importers of supports and appliances shall submit to the Romanian Copyright Office an application containing the list of supports and appliances, an application that will be published in the Official Gazette of Romania, Part I, by decision of the Director General of the Romanian Copyright Office, as well as the amounts of the remuneration to be negotiated. The list shall be drawn up distinctly for sound and audiovisual apparatus and media and for the apparatus and media in the field of graphics and shall be negotiated in two committees. (6) The remuneration shall be percentage and shall be calculated on the customs value, in the case of importers, and, respectively, on the value without VAT, on the occasion of the placing in circulation of the products by the producers, and shall be paid in the month following the import or date of Billing. (7) The remunerations negotiated by the parties are percentage and are due for the appliances and supports provided in art. 34 34 para. ((2), including paper sheets for copier format A4 and digital media. (8) The compensatory remuneration for private copying represents a percentage share of the value specified in par. ((6), as follows: a) paper sheets for copier, A4 format: 0,1%; b) other supports: 3%; c) for appliances: 0,5%. ((9) Negotiations to establish the list of appliances and supports for which the compensatory remuneration is due shall be convened by the Romanian Copyright Office, within 15 days from the publication in the Official Gazette of Romania, Part I, of the request for negotiation, and shall be carried out according to the procedures provided in 131 131 ^ 2. ------------- Article 107 has been amended by point 26 26 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 107 ^ 1 The compensatory remuneration for private copying shall be collected by a single collector management body for the works reproduced after sound and audiovisual recordings and by another single collector management body for the works reproduced by on paper, under the conditions provided in art. 133 133 para. ((6)-(8). The two collective management bodies, with powers of single collector, are designated by obtaining the vote of the majority of the beneficiary collective management bodies, at the first convocation, or by obtaining the highest number of votes to a second convening, regardless of the number present. The collective management bodies designated by the vote will submit to the Romanian Copyright Office the minutes by which they were designated. Within 5 working days from the date of submission, the Romanian Copyright Office shall appoint the sole collector by decision of the Director General, which shall be published in the Official Gazette of Romania, Part I. ------------- Article 107 ^ 1 has been amended by point (a) 27 27 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 107 ^ 2 (1) The compensatory remuneration for the private copy collected by the single collecting societies shall be distributed to the beneficiaries, as follows: a) in the case of child supports and appliances recorded sound, by analogical procedure, 40% of the remuneration returns, in negotiable parts, to the authors and editors of the registered works, 30% returns to the performers, and the remaining 30% returns to producers of sound recordings; b) in the case of audiovisual media supports and apparatus, by analogical procedure, the remuneration shall be divided equally between the following categories: authors, performers and producers; c) repealed; ------------- Lit. c) a par. ((1) of art. 107 ^ 2 was repealed by section 4.2. 28 28 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. d) in the case of children registered by digital procedure, on any type of support, the remuneration shall be divided equally between the beneficiaries corresponding to each of the three categories referred to in lett. a), b) and c), and, within each category, according to those set out in the said letters. ((1 ^ 1) In the case of registered children, by analogical procedure, on paper, the remuneration is divided equally between authors and editors. The amounts due to the publishers shall be distributed to them only through the associations of publishers, on the basis of a protocol concluded between them, containing the distribution criteria and the percentages due to each association. Only the associations of editors who meet the conditions established by decision of the Director General of the Romanian Copyright Office can participate in the negotiation of the distribution protocol. ------------- Alin. ((1 ^ 1) of art. 107 ^ 2 was introduced by section 4.2. 29 29 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ((2) Abrogat. ------------- Alin. ((2) of art. 107 ^ 2 was repealed by section 4.2. 32 32 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. ------------- Art. 107 ^ 2 was introduced by item 69 69 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 108 The compensatory remuneration for private copying shall not be paid if unregistered audio, video or digital media, produced in the country or imported, is marketed wholesale to producers of sound and audiovisual recordings or to broadcasters and broadcasters, for their own shows. ------------- Article 108 has been amended by point 70 70 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 109 Repealed. ------------- Article 109 has been repealed by point (a) 71 71 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 110 Art. 107 does not apply to the import of supports and appliances that allow the realization of children, carried out without commercial purpose, in the personal luggage legally admitted. ------------- Article 110 has been amended by section 1. 72 72 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 111 Repealed. ------------- Article 111 has been repealed by point (a) 73 73 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 111 ^ 1 (1) If an author or performer has transferred or ceded his right to rent or loan, in respect of a phonogram or a videogram, to a producer of phonograms or audiovisual recordings, he or she has been transferred to the retain the right to obtain a fair remuneration. (2) The right to obtain a fair remuneration for rent cannot be the subject of a waiver by authors or performers, as beneficiaries. (3) The authors and performers will receive the remuneration due either directly from the producers, according to the contracts concluded with them, or from the users, only through the collective management bodies, according to the contracts between the beneficiaries of remuneration and producers. ------------- Art. 111 ^ 1 was introduced by item 1. 74 74 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 112 Provisions on the limits of the exercise of the rights provided in 33-38 shall also apply accordingly to rightholders related to copyright. ------------- Article 112 has been amended by section 1. 33 33 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 112 ^ 1 If the rightholders benefit, by the effect of the law, from a compulsory remuneration, they cannot oppose the uses that generate it. ------------- Article 112 ^ 1 was introduced by item 1. 76 76 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 112 ^ 2 (1) It is considered the orphan work that work or phonogram, provided in art. 7 7, 8 and art. 103 103 para. (1), if no copyright holder on the work or phonogram is identified or, even if one or more of the holders are identified, none is located, despite the performance and registration of a diligent searches of copyright holders. (2) The orphan work status applies to the following categories of works and phonograms which are protected by copyright and which were first published in a Member State or, in the absence of publication, which were broadcast for the first time. in a Member State: a) works in the form of books, journals, newspapers, magazines or other writings found in the collections of libraries, educational institutions or museums accessible to the public, as well as in the collections of archives or heritage institutions cinematographic or sound; b) cinematographic, audiovisual works and phonograms in the collections of libraries, educational institutions or museums accessible to the public, as well as in the collections of archives or institutions of cinematographic heritage or sound; c) cinematographic and audiovisual works and phonograms produced by public broadcasting and television organisations until 31 December 2002 inclusive and in their archives; d) works and phonograms referred to in lett. a)-c), which have never been published or broadcast, but which have been made available to the public by the institutions provided in art. 112 ^ 3 para. (1), with the consent of copyright holders, only if it is reasonable to assume that copyright holders would not oppose the uses provided in art. 112 112 ^ 3; e) works and other protected objects that are integrated or incorporated into the works or phonograms referred to in lett. a)-d) or constituting an integral part of the respective works or phonograms. (3) If the holder of the copyright is identified or subsequently located, the respective work or phonogram ceases its orphan work status. (4) When a work or phonogram has several copyright holders and not all of them are identified or, even if identified, are not located following a diligent search and are not registered in accordance with the provisions. art. 112 ^ 5, the work or phonogram can be used in accordance with the provisions of art. 14 14 and 15, provided that those of the rightholders who have been identified and located have authorized, in connection with the rights they hold, the institutions provided for in art. 112 ^ 3 para. ((1) carry out the reproduction and make it available to the public. (5) Provisions of para. ((1) shall be without prejudice to the rights to the work or phonogram of which the holders have been identified and located. ((6) The provisions on orphan works do not apply to anonymous or pseudonymous works. ---------- Art. 112 ^ 2 was introduced by item 1 1 of art. unique from LAW no. 210 210 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Article 112 ^ 3 ((1) The use of orphan works or phonograms by libraries, educational institutions and museums accessible to the public, as well as by the archives, by institutions of cinematographic or phonographic heritage and by public bodies of broadcasting and television, in order to achieve objectives related to their public interest missions, can be achieved by: a) making available to the public within the meaning of 15 15; b) reproduction, within the meaning of art 14, with a view to digitizing, making available, indexing, cataloguing, preserving or restoring. (2) The institutions provided in par. ((1) may use an orphan work solely for the purpose of achieving the objectives relating to their public interest missions, in particular the preservation of works and phonograms in their collections, their restoration and the provision of access for cultural purposes and educational to these. These bodies may obtain income from the use of orphan works for the sole purpose of covering the costs of digitisation and making them available to the public. (3) The institutions provided in par. (1) have the obligation to specify the names of the identified authors and other copyright holders in all uses of an orphan work. (4) The provisions of this Law shall be without prejudice to the contractual freedom of the institutions provided ((1) in respect of the exercise of their public interest missions, in particular with regard to public-private partnership agreements. (5) The copyright holders who terminate the orphan work status of their works or phonograms benefit from a fair compensation for the use by the institutions referred to in par. (1) of these works or phonograms, under the law. (6) Fair compensation, provided in par. ((5), shall be determined by the number of copies/reproductions carried out by the respective work or phonogram. ---------- Art. 112 ^ 3 was introduced by item 1 1 of art. unique from LAW no. 210 210 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Article 112 ^ 4 (1) In order to establish the orphan work status, the institutions provided in art. 112 ^ 3 para. ((1) ensure that for each individual work or phonogram a diligent and good faith search is carried out, by consulting the appropriate sources for each category of works or phonograms in question. (. The diligent search shall be made compulsory before the use of the work or phonogram. (3) If there are indications that relevant information on copyright holders in other countries may be found, the sources of information available from those countries shall also be consulted. (4) The sources provided in par. (1) will be established, by decision of the Director General of the Romanian Copyright Office, published in the Official Gazette of Romania, Part I, following consultation with copyright holders and users, for each category of works or phonograms. (. In the case of published books, sources include the following: a) the legal deposit, catalogues in libraries, authoritative files held by libraries and other institutions; b) associations of publishers and authors of the respective country; c) existing databases and registers, WATCH (Writers Artists and their Copyright Holders-writers, artists and their copyright holders), ISBN (International Standard Book Number-international standard number for books) and the databases with printed books; d) the databases of the relevant collective management bodies, in particular of the reproductive rights representation bodies; e) sources that integrate databases and multiple registers, including VIAF (Virtual International Authority Files-International Authorized Virtual Folders) and ARROW (Accesible Registries of Rights Information and Orphan Works-accessible registers information on copyright and orphan works). (6) In the case of newspapers, magazines, journals and periodicals, sources include the following: a) ISSN (International Standard Serial Number-the international standard number for serial publications), for serial publications; b) indexes and catalogues belonging to the libraries ' funds and collections; c) legal deposit; d) associations of publishers, authors and journalists from the respective country; e) the databases of the relevant management bodies, including the reproductive rights representation bodies. (7) In the case of visual works, namely those in the categories of fine arts, photography, illustrations, design and architecture, and in the case of the sketches of these works and other such works appearing in books, journals, newspapers and magazines, or other works, sources include the following: a) the sources provided in par. ((5) and (6); b) the databases of relevant collective management organisations, in particular in the case of visual arts, including reproductive rights organisations; c) the databases of the image agencies, if any. (8) In the case of audiovisual works and phonograms, sources include the following: a) the legal deposit; b) associations of producers in that country; c) databases of the institutions of cinematographic or sound heritage, as the case may be, and of national libraries; d) databases with relevant standards and identifiers, such as ISAN (International Standard Audiovisual Number-International Standard Number for Audiovisual Works) for audiovisual material, ISWC (International Standard Music Work Code -international standard number for musical works) for musical works and ISRC (International Standard Recording Code-international standard number for recordings) for phonograms; e) the databases of the relevant collective management organisations, in particular for authors, performers, phonograms producers and audiovisual producers; f) the generic and other information appearing on the packaging of the works; g) databases of relevant associations representing a specific category of rightholders. ((9) Due diligence is carried out in the Member State in which the work was first published or, in the absence of publication, in the Member State where the work was first broadcast, with the exception of cinematographic or audiovisual works the manufacturer has its place of establishment or habitual residence in a Member State, in which case the diligent search takes place in the Member State where the manufacturer has its usual seat or residence. In this case, the diligent search shall be carried out in the Member State in which the body which made the work or phonogram available to the public is located, with the consent of the copyright holder. (10) The institutions provided in art. 112 ^ 3 para. (1) keep records of their diligent search and provide the following information to the competent national authority, namely the Romanian Copyright Office: a) the results of the diligent searches they carried out and which led to the conclusion that an opera or a phonogram is considered an orphan work; b) the use of orphan works; c) any change in the status of orphan work; d) contact details. ---------- Art. 112 ^ 4 was introduced by section 4. 1 1 of art. unique from LAW no. 210 210 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Article 112 ^ 5 The Romanian Copyright Office shall adopt the necessary measures for the information provided in art. 112 ^ 4 para. ((10), received from the institutions referred to in art. 112 ^ 3 para. (1), be communicated to the Office for Harmonization within the Internal Market, to be registered in the single online database, accessible to the public, created and administered by it, in accordance with the provisions Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on the attribution to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of certain tasks relating to the enforcement of property rights Intellectual property, including the reunification of public and private sector representatives in the European Intellectual Property Rights Observatory. ---------- Art. 112 ^ 5 was introduced by item 1 1 of art. unique from LAW no. 210 210 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Article 112 ^ 6 (1) If an opera or a phonogram is considered an orphan work in another Member State of the European Union, according to art. 112 ^ 2, then it is also considered orphan on the territory of Romania and can be used and accessed in accordance with this law. (2) This provision shall also apply to the works and phonograms provided for in art. 112 ^ 2 para. (4), to the extent that it is about the rights of unidentified or unlicensed copyright holders. ---------- Art. 112 ^ 6 was introduced by item 1 1 of art. unique from LAW no. 210 210 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Article 112 ^ 7 No provision of this law, relating to orphan works, is without prejudice to patent provisions, trademarks, industrial designs, utility models, semiconductor topography, typographical characters, conditional access, access of broadcasting services or television to cable transmission, protection of national treasures, legal deposit requirements, restrictive practices and unfair competition, trade secrets, security, privacy, data protection and privacy, access to public documents, contract law, freedom of the press and freedom of expression in the media. ---------- Art. 112 ^ 7 was introduced by item 1 1 of art. unique from LAW no. 210 210 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Article 112 ^ 8 The copyright holder on a work or phonogram considered to be the orphan work has, at any time, the possibility of ending the orphan work status. ---------- Art. 112 ^ 8 was introduced by item 1 1 of art. unique from LAW no. 210 210 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Chapter V Broadcasting and television organisations + Section I Rights of broadcasting and television organisations + Article 113 Broadcasting and television organisations shall have the exclusive patrimonial right to authorise or prohibit, with the obligation for the one authorised to mention the names of the bodies, the following: a) the fixing of its own broadcasts and services of broadcasting or television programmes; b) reproduction by any means and in any form of its own broadcasts and services of broadcasting or television programs fixed on any kind of support, whether transmitted by wire or wireless, including by cable or satellite; ------------- Lit. b) of art. 113 113 has been amended by section 4.2 30 30 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. c) the distribution of its own broadcasts and services of broadcasting or television programs fixed on any kind of support; d) import, with a view to marketing on the internal market, of its own broadcasts and services of broadcasting or television programs fixed on any kind of support; e) retransmission or reissue of its own broadcasts and services of broadcasting or television broadcasting programs by wireless means, by wire, by cable, by satellite or by any other similar process, and by any other means of communication to the public, including Internet retransmission; f) the public communication of its own broadcasts and services of broadcasting programs or television in places accessible to the public, with the payment of entry; g) the rental of own broadcasts and services of broadcasting or television programs, fixed on any type of support; h) the loan of own broadcasts and services of broadcasting or television programs fixed on any kind of support; i) making available to the public their own broadcasts and services of broadcast or television programs fixed on any kind of support, whether they were issued by wire or wireless, including by cable or satellite, so as to can be accessed at any place and at any time chosen, individually, by the public. ------------- Article 113 has been amended by section 1. 77 77 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 113 ^ 1 (1) By reissue, for the purposes of this law, it is understood the simultaneous issuance, by a broadcasting body, of a program of another broadcasting body. (2) The definitions of art. 14, 14 ^ 1, 14 ^ 2, 14 ^ 3, 14 ^ 4, 15 para. (1), 15 ^ 1, art. 15 15 ^ 2 and 98 para. (2) shall apply, by analogy, to the rights provided in art. 113. ------------- Art. 113 ^ 1 was introduced by item 1. 78 78 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 113 ^ 2 (. Broadcasting and television organisations shall have the exclusive right to prevent the importation of copies of their television broadcasting or broadcasting programmes, carried out without their authorisation and fixed on any type of support. (2) Provisions art. 113 lit. d) does not apply when the import is made by a natural person, without commercial purpose, in the personal luggage legally admitted. ------------- Art. 113 ^ 2 was introduced by item 78 78 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 114 The duration of the rights provided for in this Chapter shall be 50 years, with effect from 1 January of the year following that in which the first broadcast of the programme or programme service of the broadcasting body or television. ------------- Article 114 has been amended by section 1. 79 79 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 115 The right of distribution of a television broadcasting program, fixed on any kind of support, is exhausted with the first sale or with the first transfer of ownership of the original or its children, on the domestic market, by to the rightholder or with his consent. ------------- Article 115 has been amended by section 6.6. 80 80 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 116 The provisions contained in art. 33, 34 and 37 shall apply, by analogy, to broadcasters and broadcasters. ------------- Article 116 has been amended by section 6.6. 81 81 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Section II Public communication via satellite + Article 117 (1) Broadcasting and television organizations, which have as their object of activity the public communication of satellite programs, must carry out their activity in compliance with the copyright and related rights protected by the presence of Law. (2) For the purposes of this law, public communication by satellite means the introduction, under the control and responsibility of a broadcasting or television body located on the territory of Romania, of the signals carrying programs intended capture by the public, in an uninterrupted chain of communication that leads to the satellite and returns to the ground. (3) For the purposes of this law, satellite means any satellite operating on reserved frequency bands, according to the telecommunications legislation, for broadcasting signals for the purpose of reception by the public or for private individual communication. In the latter case, however, it is necessary that the individual reception can be made under conditions comparable to those of the first case. ------------- Alin. ((3) of art. 117 117 has been introduced by section 35 35 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 118 (1) If the signals carrier signals or program services are broadcast in a coded form, their introduction into the communication chain is considered public communication, if the show decoding device is put to the provision of the public by that body or with its consent. ------------- Alin. ((1) of art. 118 118 has been amended by section 31 31 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ((2) The responsibility of public communication, if the carrier signals are transmitted by a body located outside Romania or in a state that is not a member of the European Union and which does not provide the level of protection provided for by the present law, is ensured as follows: a) if the signals are transmitted to the satellite via an ascent link station, the responsibility lies with the person who, located on the territory of Romania or of a Member State of the European Union, uses the station; b) if an ascending link station is not used, but the communication to the public has been authorized by a body with the main office in Romania or in the territory of a Member State of the European Union, the responsibility lies with the body that has Authorized it. ------------- Article 118 has been amended by section 6.6. 36 36 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 119 (1) The holders of the copyright may assign their rights for the public communication by satellite to a broadcasting or television body, only through a contract concluded either by means of a collective management organisation or individually. ------------- Alin. ((1) of art. 119 119 has been amended by section 83 83 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. ((2) The framework contract concluded between a collective management organisation and a broadcasting or television organisation, for the public satellite communication of a category of works belonging to a particular field, may produce its extended effects. and to rightholders who are not represented by collective management organisations, if this communication to the public by satellite takes place simultaneously with the terrestrial broadcasting carried out by the same broadcaster. The unrepresented rightholder has the possibility at any time to remove the production of the extended effects of the framework contract, through an individual or collective agreement. ------------- Alin. ((2) of art. 119 119 has been amended by section 37 37 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (3) The provisions of par. ((2) shall not apply to audiovisual works. + Section III Cable retransmission + Article 120 Repealed. ------------- Article 120 has been repealed by point (a) 84 84 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 121 (1) The holders of copyright or related rights may exercise their rights for the authorization or prohibition of cable retransmission only through a collective management body. ------------- Alin. ((1) of art. 121 121 has been amended by section 38 38 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. ------------- Alin. ((2) of art. 121 121 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 571 571 of 29 April 2010 , published in MONITORUL OFFICIAL no. 430 430 of 28 June 2010. (3) If the parties cannot establish methodologies by negotiation, before the initiation of the arbitration procedure provided by art. 131 ^ 2 para. (3) they may agree to use a voluntary mediation procedure. This mediation is carried out by one or more mediators chosen by the parties in such a way that their independence and impartiality cannot be questioned. Mediators have the task of helping the negotiations and can notify a proposal to the parties. ------------- Alin. ((3) of art. 121 121 has been amended by section 38 38 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (4) Within 3 months from the presentation of the proposal by the mediators, the parties will notify the mediators and the Romanian Copyright Office to reject the proposal or to accept it by signing the protocol on methodologies. The notification of the proposal and its acceptance or rejection shall be made in accordance with the rules applicable to the notification of legal acts. Acceptance by all parties is presumed if none of them has notified the rejection of the proposal within this period. ------------- Alin. ((4) of art. 121 121 has been amended by section 38 38 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (5) If some rightholders have not entrusted the management of their rights to a collective management organisation, the body which manages the rights in the same category shall be considered to be the manager of their rights. If there are several collective management bodies in the same field, the rightholder may choose between them. The claim of rights by these holders may be made within 3 years from the date of notification. ------------- Article 121 has been amended by section 6.6. 85 85 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 121 ^ 1 (1) The provisions of art. 121 121 para. ((1) shall not apply to rights exercised by broadcasting or television organisations in respect of their own programmes and programme services, irrespective of whether the rights in question belong to them or have been assigned by other rightholders of author or related rights. In this case, the exercise of the right of cable retransmission by a broadcasting or television body is made by contracts concluded with cable distributors, except in cases where cable retransmission is compulsory by law. ((2) Abrogat. ------------- Alin. ((2) of art. 121 ^ 1 was repealed by section 1. 39 39 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. ------------- Art. 121 ^ 1 was introduced by item 1. 86 86 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 122 Repealed. ------------- Article 122 has been repealed by point (a) 87 87 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Chapter VI Sui-generis rights of database manufacturers ------------- Head. VI of Title II has been introduced by section 88 88 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 122 ^ 1 (. The provisions of this Chapter shall concern the legal protection of databases in any form thereof. (2) For the purposes of this law, the database means a collection of works, data or other independent elements, protected or not by copyright or related, arranged in a systematic or methodically accessible way and individually accessible by electronic means or by another way. ((. The protection provided for in this Chapter shall not apply to computer programs used in the manufacture or operation of databases accessible by electronic means. (4) For the purposes of this law, the manufacturer of a database is the natural or legal person who has made a substantial quantitative and qualitative investment in order to obtain, verify or submit the content of a database. ------------- Art. 122 ^ 1 was introduced by item 88 88 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 122 ^ 2 (1) The manufacturer of a database has the exclusive patrimonial right to authorize and prohibit the extraction and/or reuse of all or a substantial part of it, assessed qualitatively or quantitatively. (2) For the purposes of this Law, it is understood by a) extraction: permanent or temporary transfer of all or part of the content of the database to another medium by any means or in any form; b) reuse: any form of making available to the public all or a substantial part of the content of the database, assessed qualitatively or quantitatively, by distributing copies, by renting or in other forms, including by making the content of the base available to the public so that anyone can have access to it in the place and at the time chosen individually. The first sale on the domestic market of a copy of the database by the holder of the sui-generis right or with its consent exhausts the right to control the resale of this copy. ------------- Lit. b) a par. ((2) of art. 122 ^ 2 was amended by section 4.2. 33 33 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) The public loan of a database is not an act of extraction or reuse. (4) The right provided in par. ((1) shall apply independently of the possibility of protecting the database or its content by copyright or other rights. Protection of databases by the right provided in par. ((1) does not prejudice existing rights with regard to their content. (5) It is not permitted to extract or reuse, repeatedly and systematically, non-substantial parts of the content of the database if it would entail acts contrary to a normal use of this base or cause undue harm. the legitimate interests of the database manufacturer. ------------- Art. 122 ^ 2 was introduced by section 4.2. 88 88 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 122 ^ 3 (1) The manufacturer of a database, which is made available to the public by any means, cannot prevent its legitimate use by extracting or reusing non-ubstantial parts of its contents, whatever the purpose use. Where the legitimate user is authorised to extract or reuse only part of the database, the provisions of this paragraph shall apply to this party. ------------- Alin. ((1) of art. 122 ^ 3 was amended by section 4.2. 33 33 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (2) The legitimate user of a database, which is made available to the public in any way, cannot perform acts that conflict with the normal use of this database or unduly harm legitimate interests. of the database manufacturer. ------------- Alin. ((2) of art. 122 ^ 3 was amended by section 4.2. 33 33 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) The legitimate user of a database, which is made available to the public in any way, may not prejudice the holders of a copyright or related right that refers to works or benefits contained in this database. ------------- Alin. ((3) of art. 122 ^ 3 was amended by section 4.2. 33 33 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (4) The legitimate user of a database, which is made available to the public by any means, may, without the authorization of the database manufacturer, extract or reuse a substantial part of its content: a) if the extraction is made for the purpose of private use of the content of a non-electronic database; b) where the extraction is made for the purposes of use for education or scientific research, provided that the source is indicated and to the extent justified by the non-commercial purpose pursued; c) where an extraction or reuse is made for the purpose of defending public policy and national security, or in administrative or judicial proceedings. ------------- Alin. ((4) of art. 122 ^ 3 was amended by section 4.2. 33 33 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (5) The legitimate user of a database or part of a database may, without the consent of its author, perform any act of reproduction, distribution, public communication or transformation, necessary for normal use and access. to the database or to a part of it. ------------- Alin. ((5) of art. 122 ^ 3 was amended by section 4.2. 34 34 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ------------- Art. 122 ^ 3 was introduced by item 88 88 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 122 ^ 4 (1) The rights of the database manufacturer shall be born with the completion of the database. The duration of the protection is 15 years, starting with January 1 of the year immediately following the completion of the database. ((2) If the database has been made available to the public in any way before the expiry of the period provided in par. ((1), the duration of the protection shall be calculated from 1 January of the year immediately following that in which the database was made available to the public for the first time. ((3) Any substantial, qualitatively or quantitatively assessed change in the content of a database, consisting, in particular, in additions, suppression or successive changes and for which a substantial new investment may be deemed to have been made, assessed qualitatively or quantitatively, it allows the attribution of an own protection duration to the database resulting from this investment. ------------- Art. 122 ^ 4 was introduced by section 4.2. 88 88 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Title III Management and defence of copyright and related rights + Chapter I Management of copyright and related rights + Section I General provisions + Article 123 (1) The holders of copyright and related rights may exercise their rights recognized by this law individually or, on the basis of a mandate, through collective management bodies, under the conditions of this law. (2) The collective management of copyright can only be made for works previously brought to public knowledge, and collective management of related rights can be made only for interpretations or executions fixed or previously broadcast, as well as for phonograms or videograms previously brought to public knowledge. (3) The holders of copyright or related rights cannot assign the patrimonial rights recognized by this law to collective management bodies. ------------- Article 123 has been amended by section 6.6. 89 89 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 123 ^ 1 (. Collective management shall be compulsory for the exercise of the following rights: a) the right to compensatory remuneration for private copying; b) the right to equitable remuneration for the public loan provided in art. 14 ^ 4 para. ((2); c) the right of suite; d) the right of broadcasting of musical works; e) the right of public communication of musical works, with the exception of the public projection of cinematographic works; f) the right to fair remuneration recognised by performers and producers of phonograms for the public communication and broadcasting of phonograms of trade or their reproductions; g) the right of cable retransmission. h) the right to fair compensation for orphan works. ---------- Lit. h) a par. ((1) of art. 123 ^ 1 was introduced by section 5.1. 2 2 of art. unique from LAW no. 210 210 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. (2) For the cathounds of rights provided in par. ((1), collective management organisations shall also represent rightholders who have not given them a mandate. ------------- Art. 123 ^ 1 was introduced by item 90 90 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 123 ^ 2 (1) The following rights may be collectively managed: a) the right of reproduction of musical works on phonograms or videograms; b) the right of public communication of works, with the exception of musical works, and of artistic performances in the audiovisual field; ------------ Lit. b) a par. ((1) of art. 123 ^ 2 was amended by section 4.2. 35 35 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. c) the right of loan, except as provided in art. 123 ^ 1 para. ((1) lit. b); d) the right of broadcasting of works and artistic performances in the audiovisual field; e) the right to equitable remuneration resulting from the assignment of the rental right provided for in art. 111 ^ 1 para. ((1); f) the right to fair remuneration recognised by performers and producers of phonograms for the public communication and broadcasting of phonograms published for commercial purposes or their reproductions. ------------- Alin. ((1) of art. 123 ^ 2 was amended by section 4.2. 41 41 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (2) For the categories of rights provided in par. (1) the collective management bodies represent only the rightholders who have granted them a mandate and develop methodologies, within the limit of the managed repertoire, if the conditions laid down in art. 130 130 para. ((1) lit. a), or negotiate directly with users the license contracts. Collective management bodies will allow, at the request of users, the consultation at the headquarters of the bodies of the repertoire of works managed, among those used by the applicant, in the form provided for in 126 126 para. (2), as well as the list of rightholders of copyright and related rights, Romanians and foreigners, which they represent. This collective management activity is under the supervision and control of the Romanian Copyright Office, as a guarantor of law enforcement. ------------- Alin. ((2) of art. 123 ^ 2 was amended by section 4.2. 41 41 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (3) The collective management bodies shall authorise, upon request, the use of works of intellectual creation, only on the basis of documents certifying the existence of the mandate of copyright or related rightholders, except in cases of management compulsory collective. ------------- Art. 123 ^ 2 was introduced by item 90 90 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 123 ^ 3 Rights recognized in this Chapter, except as provided for in art. 123 ^ 1 and 123 ^ 2, can be managed through collective management bodies, only within the special mandate granted by rightholders. ------------- Art. 123 ^ 3 was introduced by item 90 90 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 123 ^ 4 In the individual negotiations on rights recognised by this Law, the existence of collective management organisations does not prevent copyright and related rights from being addressed to intermediaries, natural persons or specialised legal persons, to be represented. ------------- Art. 123 ^ 4 was introduced by section 4. 90 90 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Section II Collective management bodies of copyright and related rights + Article 124 The collective management bodies of copyright and related rights, referred to in the law of collective management bodies, are, for the purposes of this law, legal persons constituted by free association, who have as their object activity, mainly the collection and distribution of the rights entrusted to them by the holders. + Article 125 (1) The collective management bodies provided for in this chapter shall be constituted under the law, with the opinion of the Romanian Copyright Office, and shall operate according to the regulations on associations without patrimonial purpose and according to provisions of this law ------------- Alin. ((1) of art. 125 125 has been amended by section 91 91 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (2) These bodies are created directly by the rightholders of copyright or related rights, natural or legal persons, and act within the limits of the mandate entrusted and on the basis of the statute adopted after the procedure provided by law. ------------- Alin. ((2) of art. 125 125 has been amended by section 91 91 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. (3) Collective management bodies may be created separately for the management of distinct categories of rights, corresponding to different fields of creation, as well as for the management of rights belonging to distinct categories of Holders. + Article 125 ^ 1 Collective management bodies shall be required to communicate to the public, by means of mass information, the following data: a) the categories of rightholders they represent; b) the patrimonial rights it manages; c) the categories of users and categories of natural and legal persons who have obligations to pay compensatory remuneration for private copying to rightholders; ------------ Lit. c) of art. 125 125 ^ 1 has been amended by section 4.2 36 36 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. d) the normative acts under which they operate and collect the remuneration due to rightholders; e) the methods of collection and the persons responsible for this activity, locally and centrally; f) working hours. ------------- Art. 125 ^ 1 was introduced by item 1. 92 92 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 126 (1) The opinion provided in art. 125 125 para. (1) shall be granted to collective management bodies established in Romania, which shall: a) is to be constituted or operates according to the legal regulations on the date of entry into force of this Law; b) submit to the Romanian Copyright Office the repertoire of works, artistic interpretations and executions, phonograms and videograms, belonging to their own members and which they manage, as well as the contracts concluded, for the management of rights similar, to foreign bodies; c) have adopted a statute fulfilling the conditions laid down by this Law; d) have economic capacity for collective management and have the human and material means necessary to manage the repertoire throughout the country; e) allow, according to the express procedures in its own statute, the access of any copyright holders or related rights in the field for which they are established and who wish to entrust them with a mandate. (2) The repertoire referred to in par. ((1) lit. b) is submitted as a database, protected according to the law, in written and electronic format, established by decision of the general manager, and contains at least the name of the author, the name of the rightholder, the title of the work, the identification elements of performers, phonograms or videograms. ------------ Alin. ((2) of art. 126 126 has been amended by section 37 37 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) The opinion of formation and functioning for the collective management body shall be granted by decision of the Director General of the Romanian Copyright Office and shall be published in the Official Gazette of Romania, Part I, at the expense the collective management organisation. ------------- Article 126 has been amended by section 6.6. 93 93 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 127 (. The status of the collective management organisation shall contain provisions on: a) the name, field and object of activity and the rights it manages on the basis of the repertoire constituted for this purpose; b) the conditions under which the management of rights for their holders is carried out, based on the principle of equal treatment; c) the rights and obligations of members in relation to the collective management organisation; d) the method of designation and the duties of the general manager responsible for the functioning of the collective management body, as well as of the administration and representation bodies; e) initial heritage and economic resources; f) the rules applicable to the distribution of the collected rights, in proportion to the actual use of the repertoire of rightholders, on the distribution of the collected rights for which the real distribution cannot be established, and the rules on the scheme of undistributed or unclaimed amounts; ------------ Lit. f) a par. ((1) of art. 127 127 has been amended by section 4.2 37 37 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. g) rules on how to determine the methodologies to be negotiated with users and rules on representation in the negotiations; h) the modalities of verification of economic and financial management by the members; i) the procedures for determining the commission due to the rightholders of the collective management body to cover the expenses necessary for the operation j) any other mandatory provisions according to the legislation in force. (2) The board of directors of the collective management body may not be part of the general manager or any other person who has the status of repaid employee of the body. The members of the collective management body who receive participation allowance in the activities of the elected governing bodies shall not be repaid. (3) Any proposal to amend the Statute shall be subject to the notice, by the Romanian Copyright Office, at least two months before the general meeting of the collective management body in which the amendment is to be approved. The Romanian Copyright Office issues this opinion within 10 days of the request, and the opinion is submitted to the court in order to register the amendment. If the opinion is negative, it must be reasoned. (4) Any change in the status made and registered with the court without the opinion of the Romanian Copyright Office is void of law. ------------- Article 127 has been amended by section 4.2. 94 94 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 128 Repealed. ------------- Article 128 has been repealed by point (a) 95 95 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 129 (1) The collective management mandate of the patrimonial, authoring or related rights is granted directly, by contract written by the rightholders. ((. Each rightholder who has given a mandate to the collective management body shall be entitled to a vote at the general meeting. Performers who participated in an execution or a collective interpretation of a work shall be entitled to a single vote in the general meeting, by the representative appointed according to the procedure provided for in art. 99 99 para. ((2). (3) The collective management mandate of the patrimonial, authoring or related rights, may be granted and indirectly by the holders, through written contracts, concluded between collective management bodies in Romania and foreign bodies managing similar rights, based on the repertoire of their members. The indirect mandate does not entitle rightholders to vote. ((4) Any copyright or related rights holder may entrust by mandate the administration of its rights relating to its own repertoire to a collective management body. That body is obliged to accept the administration of these rights on the basis of collective management within the limit of its object of activity. (5) Collective management bodies may not have as their object of activity the use of the protected repertoire for which they have received a collective management mandate. ------------- Article 129 has been amended by section 6.6. 96 96 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 129 ^ 1 In the case of compulsory collective management, if a holder is not associated with any body, the competent body shall be responsible for the largest number of members. The claim by the holders of unrepresented rights of the due amounts can be made within 3 years from the date of notification. After this period, the undistributed or unclaimed amounts are used according to the general meeting's decision, except for administration expenses. ------------ Article 129 ^ 1 has been amended by section 1. 38 38 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Section III Functioning of collective management bodies + Article 130 (. Collective management bodies shall have the following obligations: a) grant non-exclusive authorizations to users, at their request, carried out before the use of the protected repertoire, in exchange for a remuneration, by non-exclusive license, in written form; ------------- Lit. a) a par. ((1) art. 130 returned to the previous form EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005, by fully amending the section 44 44 of art. I of this normative act by item 39 39 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. b) to develop methodologies for their fields of activity, including due patrimonial rights, to be negotiated with users in order to pay these rights, in the case of those works whose exploitation mode makes it impossible individual authorisation by rightholders; ------------- Lit. b) a par. ((1) art. 130 returned to the previous form EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005, by fully amending the section 44 44 of art. I of this normative act by item 39 39 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. c) to conclude, on behalf of rightholders who have granted them a mandate or on the basis of conventions concluded with similar bodies abroad, general contracts with the organizers of performances, with users carrying out activities of public communication, with broadcasters or television broadcasters or with cable software distributors, with the object of authorising the use of the protected repertoire; ------------ Lit. c) a par. ((1) of art. 130 130 has been amended by section 4.2 39 39 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. d) to protect the interests of their members, with regard to the management of due rights, as a result of the use of their own repertoire, outside the territory of Romania, by concluding representation contracts with similar bodies in abroad; e) collect the amounts owed by the users and distribute them between the rightholders, according to the provisions of the statute; f) ensure the access of its members to information on any aspect of the activity of collecting the amounts owed by the users and of their distribution; g) to provide expert assistance to rightholders and to represent them in legal proceedings, within the limit of their object of activity; h) to require users or their intermediaries to communicate information and to transmit the necessary documents for determining the amount of remuneration they collect, as well as information on the works used, indicating holders of rights, with a view to their distribution; users or their intermediaries are required to provide, in written and electronic format, within 10 days of the request, the information and documents requested, under signature the legal and stamped representative; ------------ Lit. h) a par. ((1) of art. 130 130 has been amended by section 4.2 39 39 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. i) to ensure the transparency of the collective management activity in the relations with the public authorities which have the right of control and, through them, with the users; ------------- Lit. i) a par. ((1) art. 130 returned to the previous form EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005, by fully amending the section 44 44 of art. I of this normative act by item 39 39 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. j) to perform any other activity, according to the special mandate received from the holders of the copyright or related rights, within the limits of their object of activity. (2) The representation contracts concluded by the similar bodies abroad, provided in par. ((1) lit. d), ends in written form, with the mention of the way of making the exchange of information on the repertoire of the parties, of the managed rights, of the duration and of the payment methods. ------------- Article 130 has been amended by section 6.6. 98 98 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 131 (1) In order to initiate the negotiation procedures, the collective management bodies must submit to the Romanian Copyright Office an application, accompanied by the methodologies proposed to be negotiated, according to the provisions of art. 130 130 para. ((1) lit. a). ------------- Alin. ((1) of art. 131 131 has been amended by section 45 45 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. ((2) Methodologies shall be negotiated within a commission established by decision of the Director General of the Romanian Copyright Office, issued within a maximum of 5 days from the receipt of the request for the initiation of the negotiation procedures. The decision of the Director General of the Romanian Copyright Office shall be published in the Official Gazette of Romania, Part I, at the expense of collective management bodies. The negotiating committee shall consist of: a) a representative of the main collective management bodies, operating for a category of rights, on the one hand; b) a representative of the main associative structures mandated by national users, named among them, provided that they are declared at the Romanian Copyright Office, one representative of the the first 3 major users and one representative of two representative associative structures of local users or, in the absence thereof, of two representatives of local users, established on the basis of turnover and market share of to them in the field, as well as to public broadcasting and television companies, after Case, on the other hand. ---------- Lit. b) a par. ((2) of art. 131 131 has been amended by section 4.2 1 1 of art. unique from LAW no. 261 261 of 3 November 2015 , published in MONITORUL OFFICIAL no. 826 826 of 5 November 2015. ------------- Alin. ((2) of art. 131 131 has been amended by section 45 45 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (3) For the purpose of designation within the commission referred to in paragraph 1. (2), the collective management bodies will submit to the Romanian Copyright Office, with the methodologies, the list of associative structures of users and that of the major users, to be convened for negotiations, as well as the elements of their identification. ------------- Alin. ((3) of art. 131 131 has been amended by section 45 45 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (4) The decision to designate the negotiating committee shall be communicated to the parties by registered letter, together with the proposal for the methodologies submitted by the collecting societies. ------------- Article 131 has been amended by section 6.6. 99 99 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 131 ^ 1 (1) The methodology shall be negotiated by the collective management bodies with the representatives referred to in art. 131 131 para. ((2) lit. b) taking into account the following main criteria: a) the category of rightholders, members or non-members, and the field for which the negotiation is carried out; b) the category of users that the associative structures or other users designated to negotiate represent at the negotiations; c) the repertoire, confirmed by the Romanian Copyright Office, managed by the collective management body, for its own members, as well as for members of other similar foreign bodies, on the basis of representation contracts; d) the proportion of the use of the repertoire managed by a collecting body e) the proportion of uses for which the user has fulfilled payment obligations through direct contracts with rightholders; f) incomes obtained by users from the activity using the repertoire covered by the negotiation; g) if there is no income, European practice in the field will be used; h) European practice on the results of negotiations between users and collecting societies. i) in the case of broadcasters, the remuneration is established by negotiations, in conditions of predictability and proportionality, with potential reviewers of the issues, so that users can have the representation of payment obligations to beginning of each fiscal year. ---------- Lit. i) a par. ((1) of art. 131 ^ 1 was introduced by section 5.1. 2 2 of art. unique from LAW no. 261 261 of 3 November 2015 , published in MONITORUL OFFICIAL no. 826 826 of 5 November 2015. (2) Collective management bodies may request from the same category of users flat or percentage remuneration, relative to the income obtained by users from the activity in which the repertoire is used, such as: broadcasting, cable retransmission or public communication, taking into account the European practice on the results of negotiations between users and collecting societies. For the broadcasting activity, the percentage remuneration will be differentiated, directly proportional to the share of the use of the repertoire managed collectively in this activity, and in the absence of income, depending on the expenses occasioned of use. (3) Flat or percentage remuneration, referred to in par. ((2), may be requested only if and to the extent that works for which copyright or protected related rights are used are within the protection periods provided by law. (4) If collective management is mandatory according to the provisions of art. 123 ^ 1, the methodologies shall be negotiated without taking into account the criteria set out in paragraph 1. ((1) lit. c) and e), the repertoires being considered extended repertoires ------------ Article 131 ^ 1 has been amended by section 1. 40 40 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 131 ^ 2 ((1) The negotiation of the methodologies shall be carried out according to the schedule established between the two parties, for a maximum period of 30 calendar days from the date of establishment of the commission. ------------- Alin. ((1) of art. 131 ^ 2 was amended by section 4.2. 47 47 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (2) The agreement of the parties on the negotiated methodologies shall be recorded in a protocol submitted to the Romanian Copyright Office. The Protocol shall be published in the Official Gazette of Romania, Part I, at the expense of collective management bodies, by decision of the Director General of the Romanian Copyright Office, issued within 5 days from the date of submission. The methodologies thus published are opposable to all users in the field for which it was negotiated and to all importers and manufacturers of supports and appliances for which the compensatory remuneration for private copy is due, according to art. 107. ------------- Alin. ((2) of art. 131 ^ 2 was amended by section 4.2. 47 47 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (3) The Romanian Copyright Office may be requested, for the initiation of the arbitration procedure carried out by the arbitrators, in the following situations: a) the entities that make up a party to participate in the negotiation could not agree on the common view to be presented to the other party; b) the two parties in the negotiation could not agree a unique form of the methodology within the deadline provided in par. ((1); c) the collective management bodies could not agree the conclusion of a protocol for the distribution of remuneration and the establishment of the commission due to the single collector. ------------ Alin. ((3) of art. 131 ^ 2 was amended by section 4.2. 41 41 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (4) The Romanian Copyright Office, within 5 days from the request of the arbitration, shall convene the parties for the appointment, by drawing lots, of 5 titular arbitrators, who will constitute the arbitration panel, and of 3 reserve arbitrators. The latter will replace the unavailable holders in the order of the draw. The appointment of arbitrators by lot shall also be made in case of absence of the convened parties. ------------ Alin. ((4) of art. 131 ^ 2 was amended by section 4.2. 41 41 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (5) The Romanian Copyright Office, within 5 days from the date of appointment of the arbitrators, shall convene at the headquarters or arbitrators appointed and the parties, in order to establish the arbitration panel. The arbitration panel shall determine: the gross fee, by negotiation with the parties, the first term, but not later than 5 days, as well as the place of arbitration and shall inform the parties. ------------ Alin. ((5) of art. 131 ^ 2 was amended by section 4.2. 41 41 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (6) The two parties in the arbitration, the collective management bodies and the users or other payers, respectively, contribute equally to the payment of the fee. The amounts shall be deposited at the cashier of the Romanian Copyright Office before the first arbitration deadline. The non-payment in term attracts the fall of the party that did not pay the fee from the right to propose evidence and to draw conclusions during the arbitration. ------------- Alin. ((6) of art. 131 ^ 2 was amended by section 4.2. 47 47 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. ((7) The arbitrators have the obligation within 30 days from the first term of the arbitration to submit to the Romanian Copyright Office the decision containing the final form of the methodologies subject to arbitration, in order to communicate to the parties. Exceptionally, arbitrators may request, motivated, the Romanian Office for Copyright to extend this term by a maximum of 15 days. Arbitrators can raise their fee from the cashier of the Romanian Office for Copyright only after the arbitral award is filed. ------------- Alin. ((7) of art. 131 ^ 2 was amended by section 4.2. 47 47 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (8) The arbitral decision on the definitive form of the methodologies shall be communicated to the parties by the Romanian Copyright Office and shall be published in the Official Gazette of Romania, Part I, at the expense of the Office, by decision of the Director general, issued within five days from the date of submission. The methodologies thus published are opposable to all users in the field for which it was negotiated and no discounts can be granted on payment of remuneration due, other than those provided for in the published methodologies. (9) Within 30 days from the date of publication in the Official Gazette of Romania, Part I, of the arbitration award, the parties may appeal against it to the court of the Bucharest Court of Appeal, which will rule on the case in full civil. The arbitral award is enforceable by law until the solution is delivered on the maintenance or modification of the methodologies. The solution of the Bucharest Court of Appeal is final and irrevocable, is communicated to the Romanian Office for Copyright and is published in the Official Gazette of Romania, Part I, at the expense of the Romanian Copyright Office, by decision of the Director-General, issued within 5 days from the date of the communication. ------------ Alin. ((9) of art. 131 ^ 2 was amended by section 4.2. 41 41 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (10) Methodologies negotiated or established according to the provisions of par. ((1)-(9) are not opposable to users who at the time of triggering the procedure for negotiating methodologies are under the direct negotiation of a licence agreement or have already concluded these negotiations with the collective management bodies. ------------- Alin. ((10) of art. 131 ^ 2 was introduced by section 4.2. 48 48 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. --------------- Art. 131 ^ 2 was introduced by item 100 100 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 131 ^ 3 (1) Collective management bodies or, where appropriate, users ' associative structures, major users, public broadcasters or broadcasters may make a new request for the initiation of the procedures for the negotiation of tariffs and methodologies only after 3 years from the date of their publication in the final form in the Official Gazette of Romania, Part I. (2) In the case of negotiations provided by art. 107 107 para. ((4), either party may make a new request to initiate the procedures for negotiating methodologies only after 2 years from the date of their publication in the final form in the Official Gazette of Romania, Part I. (3) Until the new methodologies are published, the old methodologies remain valid. ------------- Art. 131 ^ 3 has been amended by section 4.2. 49 49 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 131 ^ 4 The remuneration fixed in the fixed amount may be amended annually, starting from the first month of the year following that in which the methodologies were published, by the collective management bodies, on the basis of the inflation index, established at national level. These changes are submitted to the Romanian Copyright Office, to be published in the Official Gazette of Romania, Part I, at the expense of collective management bodies, by decision of the Director General of the Romanian Office for Copyright, issued within five days of the date of filing. The changes become effective from the month following the publication. ------------- Art. 131 ^ 4 was introduced by item 100 100 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 132 Repealed. ------------- Article 132 has been repealed by point (a) 101 101 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 133 ((. The collection of sums due by users or other payers shall be made by the collective management organisation whose repertoire is used. ------------ Alin. ((1) of art. 133 133 has been amended by section 42 42 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (2) If there are several collective management bodies for the same creative field, and the rights managed are from the category of those provided for in art. 123 ^ 2, the beneficiary bodies shall establish, through a protocol that is submitted to the Romanian Copyright Office for publication in the Official Gazette of Romania, Part I, at their expense, the following: a) the criteria for the distribution of remuneration between bodies; b) the collective management body to be appointed, by decision of the Director General of the Romanian Copyright Office, as a collector in the field of rightholders concerned; c) the way of highlighting and justifying the expenses related to the actual coverage of the collection costs of the collector management body. ------------ Alin. ((2) of art. 133 133 has been amended by section 42 42 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) In the case provided in par. (2), if the beneficiary collective management bodies do not submit to the Romanian Copyright Office the said protocol, within 30 days from the date of entry into force of the methodologies the Romanian Copyright Office designates of these collectors in the field of rightholders concerned, on the basis of representativeness, by decision of the Director-General. (4) For the situation referred to in par. (3), the single collector designated by the Romanian Copyright Office cannot allocate the amounts collected either between the beneficiary bodies or its own members, until after the submission to the Romanian Office for the Copyright of a Protocol concluded between the beneficiary bodies setting out the criteria for the allocation of the amounts collected. The collection costs, in this case, shall be distinguished distinctly and shall be justified by documents relating to the actual coverage of the collection costs of the management body which is a collector in the field of rightholders concerned. (5) On the expiry of the 30-day period provided in par. ((3), any of the collecting societies may request the Romanian Copyright Office to initiate the arbitration procedure carried out by the arbitrators, in order to establish the criteria for the distribution of remuneration between the categories of beneficiaries. The arbitration procedure, as well as the subsequent stages are those provided in art. 131 ^ 2 para. ((3)-(9). (6) The amounts collected by the collective management body, as a single collector, according to the provisions of art. 107 ^ 1 para. (1), of art. 121 121 para. ((2) and para. (1) and (3) of this Article shall be distinguished in separate analytical accounts. (7) The collective management body, which is a single collector, has the obligation to issue the authorization by non-exclusive license, in written form, on behalf of all beneficiary collective management bodies, and to ensure the transparency of the activities of collection, as well as the related costs in relation to the beneficiary collective management bodies. They are required to support the collection work. ------------ Alin. ((7) of art. 133 133 has been amended by section 42 42 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (8) The provisions of art. 134 134 para. ((2) lit. f) shall also apply to collective management organisations which are unique collectors. (9) The collective management bodies may agree through a protocol that is published in the Official Gazette of Romania, Part I, by decision of the Director General of the Romanian Copyright Office, the appointment of a joint collector on a area of payers, on remuneration due to the categories of rightholders represented by them. Also, collective management bodies can set up, with the opinion of the Romanian Office for Copyright, common collection bodies for several areas, to operate according to the legal provisions regarding the legal entities of private law without patrimonial purpose, as well as according to the express provisions on the organization and functioning of the collective management bodies of this law. ------------- Art. 133 has been amended by section 50 50 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 134 ((1) The extension of the collective management entrusted by the mandate contract cannot restrict in any way the patrimonial rights of the holders. (. The collective management shall be exercised according to the following rules: a) decisions on the methods and rules for collecting remuneration and other amounts from users and those for their distribution between rightholders, as well as those on other more important aspects of collective management must either taken by members, at the general meeting, according to the statute; b) the commission due by rightholders, who are members of a collective management body, to cover its operating expenses, provided in art. 127 127 para. ((1) lit. i), cumulated with the commission due to the collective management body that is a unique collector, according to the provisions of art. 133 133 para. ((2) lit. c) and para. ((4), may not be more than 15% of the amounts collected annually; c) in the absence of an express decision of the general meeting, the amounts collected by a collective management body may not be used for common purposes other than covering the actual costs of collection and distribution to members of the amounts due; the general meeting may decide that a maximum of 15% of the amounts collected may be used for common purposes and only within the scope of the activity; d) the amounts collected by a collective management body shall be allocated individually to rightholders, in proportion to the use of the repertoire of each, within a maximum of 6 months from the date of collection; rightholders may claim payment the amounts collected nominally or those whose distribution does not entail a special documentation within 30 days of the date of collection; e) the commission owed by the rightholders shall be retained from the amounts due to each one, after the calculation of the individual distribution; f) the amounts resulting from the placements of unclaimed and undistributed remuneration, located in bank deposits or obtained from other operations carried out within the object of the activity object, as well as those obtained as damage or damage as following the infringement of copyright or related rights, and shall be allocated to rightholders and shall not constitute revenue of the collective management organisation; ------------- Letter g) a par. ((2) of art. 134 134 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 571 571 of 29 April 2010 , published in MONITORUL OFFICIAL no. 430 430 of 28 June 2010. ------------ Alin. ((2) of art. 134 134 has been amended by section 43 43 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) The remuneration received by the collecting societies is not and cannot be assimilated to their income. ------------- Alin. ((3) of art. 134 134 has been amended by section 44 44 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (4) In the exercise of the mandate, under the conditions of this law, collective management bodies shall not be transferred or transmitted to them by copyright and related rights or their use. ------------- Alin. ((4) of art. 134 134 has been introduced by section 44 44 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 134 ^ 1 (1) The collective management bodies shall publish, in electronic format, on their website, the following updated information: a) status; b) the list of members of central and local governing bodies, the composition of internal commissions and the list of local officials; c) the annual situation regarding the balance of undistributed amounts, the amounts collected by categories of users or other payers, the amounts withheld, the cost of the management and the amounts allocated by categories of holders; ------------ Lit. c) a par. ((1) of art. 134 134 ^ 1 has been amended by section 4.2 53 53 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. d) annual report; e) information on the general meeting, such as: the date and place of the convocation, the agenda, the draft decisions and the decisions taken; f) other data necessary to inform members. ((2) Any member shall have the right to request, in his personal name or through authorized representative, detailed information and documents regarding the amounts assigned to him in the last 12 months, the origin, the way of calculating the rights and the deductions applied, as well as checking the consistency of these data with the provisions of the distribution regulation. ((. Within a period of 30 days before the general meeting, any member shall have the right to consult, at the headquarters of the collective management body: a) the annual report; b) the balance sheet; c) the report of the management bodies and the committee of censors; d) the text and the explanatory memorandum of the decisions to be submitted to the general meeting; e) employees ' individual salaries; f) the situation of the amounts in bank accounts, placements and interest rates obtained at the closing of the last financial year; g) the situation regarding the categories of users, the number of payers in each category and the overall amount collected from each category; h) situation of disputes with users. ((4) Access to the information provided in par. (3) is made, as a matter of confidentiality, on the basis of written request and with the limitation of access to personal data of employees of the collective management body. ((5) Members who consider that their right of access to the requested information may have been infringed, within three days, the special standing committee on access to information, designated by the General Assembly, consisting of five members, which shall not are employed and are not part of the governing bodies. The Commission is obliged to reply, within seven days, to both the notifying and the general manager. The Commission shall draw up an annual report on its work, which it shall submit to the General Assembly and the Romanian Copyright Office. ------------- Art. 134 ^ 1 was introduced by the section 104 104 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 135 (1) The collective management bodies have the obligation to submit to the Romanian Copyright Office, in the first quarter of each year, after the general meeting has been held: a) the annual report approved by the General Assembly; b) the annual report of the censor committee, presented to the general meeting c) court decisions regarding the registration of amendments to the statute, endorsed by the Romanian Copyright Office; d) the updated repertoire; e) representation contracts with similar bodies abroad. (2) The documents provided in par. ((1) lit. a) and d) shall be submitted to the Romanian Copyright Office, in the format established by decision of the Director General of the Office. ------------- Article 135 has been amended by section 6.6. 105 105 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 136 Repealed. ------------- Article 136 has been repealed by point (a) 106 106 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Chapter II The Romanian Copyright Office + Article 137 (1) The Romanian Copyright Office functions as a specialized body subordinated to the Government, being the sole regulatory authority, evident by national registers, supervision, authorization, arbitration and technical-scientific finding in the area of copyright and related rights. (2) The financing of current and capital expenditures of the Romanian Copyright Office is made entirely and distinctly from the state budget, through the budget of the Ministry of Culture and Religious Affairs, the coordinating minister being the authorising officer principal of credits. (3) The organization, functioning, structure of personnel and facilities necessary for the performance of the tasks of the Romanian Copyright Office shall be established by Government decision. (4) The Romanian Copyright Office is coordinated by the Minister of Culture and Religious Affairs and is led by a Director-General, assisted by a Deputy Director-General, appointed by the Prime Minister's Decision, at the proposal of the coordinating minister. ((5) Abrogat. ----------- Alin. ((5) of art. 137 137 has been repealed by section 6.6. 5 5 of art. VIII of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. ((6) Abrogat. ----------- Alin. ((6) of art. 137 137 has been repealed by section 6.6. 5 5 of art. VIII of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. ------------ Article 137 has been amended by section 6.6. 54 54 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 138 (1) The main tasks of the Romanian Copyright Office are as follows: a) regulates the activity in the field by decisions of the Director General, according to b) develop draft normative acts in its field of activity; c) keep records of the repertoires transmitted by the collecting societies; d) organize and administer for a fee the registration in national registers and other specific national records, provided by law; e) release for a fee holographic markings usable under the law in the field of copyright and related rights, at the value of the purchase price plus a management fee of 30%; f) endorses the establishment and supervises the functioning of collecting societies; g) endorses, as a specialized body of the central public administration, according to the law, the registration in the register at the court of law of associations and foundations constituted in the field of copyright and related rights, including in as regards the associations for combating piracy; h) control the functioning of the collective management bodies and determine the measures of entry into law or apply sanctions, as appropriate; i) ensure the secretariat of arbitration procedures conducted according to the law; j) carry out for a fee, at the expense of the defendants, if proved the guilt, technical-scientific findings regarding the original character of the products carrying copyright or related rights, at the request of the bodies criminal investigation; ------------- Lit. j) a par. ((1) of art. 138 138 has been amended by section 4.2 45 45 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. k) carry out expertise against cost, at the expense of stakeholders or at the request of judicial bodies; ------------- Lit. k) a par. ((1) of art. 138 138 has been amended by section 4.2 1 1 of art. 34 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. l) carry out information activities on the legislation in the field, at its own expense, as well as training activities, at the expense of those interested; m) carries out representation activities in relations with similar specialized organizations and international organizations in the field, to which the Romanian state is a party; n) meets any other duties provided by law. (2) The Government Decision establishes the tariffs of operations that may be carried out by the Romanian Copyright Office. The value of the operations provided in par. ((1) lit. j) will be included in the costs. ------------- Alin. ((2) of art. 138 138 has been amended by section 45 45 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) For the performance of the duties established by law the Romanian Copyright Office has access to the necessary information operatively and free of charge from the National Center of Cinematography, the National Trade Register Office, The National Customs Authority, the National Agency for Fiscal Administration and the General Inspectorate of the Border Police, the National Inspectorate for the Records of Persons and the General Directorate of Passports of the Ministry Administration and Interior, as well as from financial-banking institutions, under the law. ------------ Article 138 has been amended by section 6.6. 55 55 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 138 ^ 1 On the occasion of the controls carried out by the Romanian Office for Copyright according to the provisions 138, the controlled person is obliged to submit any documents and information requested by the control bodies and to teach children after them, if requested. ------------- Art. 138 ^ 1 was introduced by item 110 110 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 138 ^ 2 (1) The control activity of the Romanian Office for Copyright, provided in art. 138 138 para. ((1) lit. h), is carried out only with the prior notification of the controlled collective management body, while also communicating the objectives of the control. The Romanian Copyright Office can carry out general checks once a year, notified 10 days before the control is carried out, as well as one-off checks on issues that are subject to complaints, whenever it is need, notified three days before. (2) On the occasion of the controls carried out by the Romanian Copyright Office, the general manager is obliged to submit any documents and information requested by the control bodies and to teach children after them, if requested. The control bodies may take explanatory notes in relation to the situations found, both to the general manager and to other persons employed. (3) The conclusions of the control bodies of the Romanian Copyright Office, together with the observations of the general administrator, shall be recorded in a minutes. ((4) On the basis of the conclusions of the control, in case of irregularities, the Romanian Copyright Office may decide to communicate the minutes to the general meeting of the collective management body concerned that will debate it in the first Ordinary meeting. ------------ Alin. ((4) of art. 138 ^ 2 was amended by section 4.2. 56 56 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. ------------- Art. 138 ^ 2 was introduced by item 110 110 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 138 ^ 3 If the collective management body no longer meets the conditions laid down in art. 124 and 126 times violate the obligations provided in art. 130 130, 133, 134, 134 ^ 1, 135 or art. 138 ^ 2 para. (2), the Romanian Copyright Office may grant the collective management body, by decision of the Director General, a term for entry into law. In case of non-compliance with the final decision, the Romanian Office for Copyright shall temporarily withdraw the opinion provided for in art. 125 125. The temporary withdrawal of the opinion has the effect of suspending the activity of the collective management body until the general manager has changed the general manager. ------------ Art. 138 ^ 3 has been amended by section 4.2. 57 57 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 138 ^ 4 *) (1) In addition to the Romanian Copyright Office operates a body of arbitrators, consisting of 20 members, appointed every 3 years, by order of the coordinating minister of the Romanian Copyright Office. The appointment of the 20 members is made by drawing lots by the Director General of the Romanian Copyright Office, in the presence of the candidates, who are proposed by the collective management bodies, the associative structures of the users and public broadcasters and broadcasters. The proposed candidates must have legal training and a minimum of 10 years of activity in the field of civil law. The proposals shall be submitted to the Romanian Copyright Office, together with a presentation of the proposed candidate and his written acceptance, including information on the ways to convene. ------------- Alin. ((1) of art. 138 ^ 4 was amended by section 4.2. 46 46 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ((2) The arbitrators do not have the status of employees of the Romanian Copyright Office and are entitled to a fee for participating in the arbitration of the rights collection methodologies managed by the collective management bodies, under the conditions provided by this law. ------------- Alin. ((2) of art. 138 ^ 4 was amended by section 4.2. 46 46 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) The body of arbitrators shall be reconstituted if the number of permanent arbitrators available is less than 16. ------------- Art. 138 ^ 4 was introduced by item 110 110 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Chapter III Protection measures, procedures and sanctions ------------- Name Cap. III of Title III has been amended by section III. 111 111 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Section I Technical protection measures and information on the rights regime ------------- Section I of Cap. III was introduced by section III. 112 112 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 138 ^ 5 ((1) The author of a work, the interpreter or the performer, the producer of phonograms or audiovisual recordings, the radio or television broadcasting body and the database manufacturer may establish technical measures for the protection of rights recognized by this law. (2) By technical measures, for the purposes of this law, it is understood the use of any technology, device or component which, within its normal operation, is intended to prevent or limit acts that are not authorized by the rightholders recognised by this Law. ------------ Alin. ((2) of art. 138 ^ 5 was amended by section 4.2. 59 59 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (. Technical measures shall be considered effective when the use of a work or other object of protection is controlled by the rightholder by applying an access code or a protective process, such as encryption, encoding, bruising or any transformation of the work or other object of protection or a copy control mechanism, if the measures meet the objective of ensuring protection. (4) The holders of rights who have established technical protection measures have the obligation to make available to the beneficiaries of the exceptions provided in art. 33 33 para. ((1) lit. a), c) and e), art. 33 33 para. ((2) lit. d) and e) and art. 38 the means necessary for legal access to the work or any other object of protection. They also have the right to limit the number of children made under the above conditions. ------------ Alin. ((4) of art. 138 ^ 5 was amended by section 4.2. 59 59 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (5) Provisions of para. ((4) does not apply to protected works, made available to the public, according to contractual clauses agreed between the parties, so that anyone in the public can have access to them at any place and at any time, chosen, individually. ------------- Alin. ((5) of art. 138 ^ 5 was amended by section 4.2. 47 47 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ------------- Art. 138 ^ 5 was introduced by item 112 112 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 138 ^ 6 (1) The holders of the rights recognized by this law may provide, in electronic form, associated with a work or any other object of protection or in the context of their public communication, information on the rights regime. (2) By information on the rights regime, for the purposes of this law, it is understood any information provided by rightholders that allows the identification of the work or any other object of protection by this law, its author another rightholder, as well as the conditions and modalities of the use of the work or any other object of protection, as well as any number or code representing such information. ------------- Art. 138 ^ 6 was introduced by item 112 112 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Section II Procedures and sanctions ------------- Section II of Cap. III was introduced by section III. 113 113 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 138 ^ 7 (1) The violation of the rights recognized and protected by this law attracts civil, contravention or criminal liability, as appropriate, according to the law. The procedural provisions are those provided for in this Law, which shall be supplemented by those of common law. (2) In an action relating to the violation of rights protected by this law and in response to a justified request of the applicant, the court has the right to request the provision of information on the origin and distribution networks of goods or services which affect a right provided for by this Law, either from the perpetrator or from any other person who: a) held for commercial purposes the goods-pirated; b) used for commercial purposes services in violation of the rights protected by this law; c) provided, for commercial purposes, products or services used in activities that violate the rights provided by this law; d) was indicated, by any of the persons referred to in lett. a), b) or c), as being involved in the production, realization, manufacture, distribution or rental of pirate-pirate times of access control-pirate devices or in the provision of products or services by which the rights are violated protected by this law. ------------- Alin. ((2) of art. 138 ^ 7 was amended by section 4.2. 48 48 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (3) The information provided in par. (2) include, as appropriate: a) the names and addresses of manufacturers, manufacturers, distributors, suppliers and other previous holders of goods, devices or services, including carriers and wholesalers of recipients and of retail sellers; b) information on the quantities produced, manufactured, delivered or transported, received or ordered, and the price obtained for the respective goods, devices or services. ------------- Alin. ((3) of art. 138 ^ 7 was amended by section 4.2. 48 48 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. (4) The provisions of par. ((2) and (3) shall apply without prejudice to other legal provisions, which: a) grant to the holder the right to receive more extensive information; b) provide for the use in civil or criminal cases of the information communicated in accordance with this Article; c) provide liability for abuse of the right to information; d) give the possibility to refuse to provide information that would constrain the person mentioned in par. (1) to admit its own participation or that of its close relatives to an activity by which the rights protected by this law are violated; e) provide for the protection of the confidentiality of information sources or the processing of personal data. ------------ Art. 138 ^ 7 was introduced by item 61 61 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 139 (1) Titulation of rights recognized and protected by this law may require the courts or other competent bodies, as the case may be, the recognition of their rights and the finding of their violation and may claim compensation to repair the damage caused. The same requests may be made on behalf of and for rightholders by management bodies, by associations to combat piracy or by persons authorized to use rights protected by this law, according to the the mandate granted in this regard. When an action was started by the holder, persons authorized to use rights protected by this law may intervene in the process, requesting the repair of the damage caused to them. (2) In determining the compensation the court shall consider: a) either criteria such as negative economic consequences, in particular unrealised gain, benefits unjustly achieved by the perpetrator and, where applicable, other elements outside economic factors such as moral damage caused to the holder right; b) either the granting of compensation representing the triple of the amounts that would have been legally due for the type of use that was the subject of the wrongful act, if the criteria laid down in lett cannot be applied. a). (3) If the holder of the copyright or one of the persons referred to in par. (1) makes credible evidence that the copyright is the subject of an unlawful, current or imminent action and that this action risks causing it a damage that is difficult to repair, may ask the court to take provisional measures. The court may order in particular: a) prohibition of infringement or provisional termination; b) taking the necessary measures to ensure the preservation of evidence; c) taking the necessary measures to ensure the repair of the damage; for this purpose, the court may order the taking of precautionary measures on the movable and immovable property of the person alleged to have violated the rights recognized by this law, including blocking his bank accounts and other assets. To this end, the competent authorities may order the communication of bank, financial or commercial documents or appropriate access to the relevant information; d) the lifting or handing over to the competent authorities of the goods on which there are suspicions regarding the violation of a right provided by this law, in order to prevent their introduction into the commercial circuit (4) The applicable procedural provisions are contained in the provisions of the Code of Civil Procedure relating to provisional measures in the field of intellectual property rights. ((5) The same measures may be required, under the same conditions, against an intermediary whose services are used by a third party to infringe a right protected by this law. (6) The measures provided in par. ((3) and (5) may include detailed description, with or without sampling, or actual sequestration of the goods in dispute and, in appropriate cases, of the materials and instruments used to produce and/or distribute these goods. goods, as well as the documents referring to them. These measures will also be considered in the application of the provisions of art. 169-171 of the Code of Criminal Procedure. ----------- Alin. ((6) of art. 139 139 has been amended by section 2 2 of art. 34 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (7) The court may authorise the erection of objects and documents which constitute evidence of infringement of copyright or related rights, in original or in copy, even when they are in possession of the opposing party. In the case of infringements committed on a commercial scale, the competent authorities may also order the communication of bank, financial or commercial documents or appropriate access to the relevant information. (8) For the adoption of the measures provided in ((3) and (7), subject to the protection of the protection of confidential information, the courts will require the complainant to provide any evidence, reasonably accessible, to prove with sufficient certainty that it has been affected its right or that such a touch is imminent. The number of copies of a work or of any other protected object shall be deemed to be sufficient proof of the court's assessment. In this case, the courts may ask the plaintiff to make a sufficient bail to ensure the compensation of any damage that may be suffered by the defendant. (9) The measures to ensure evidence or to find a state of affairs ordered by the court will be carried out by bailiff. Rightholders who are alleged to have been violated or as to which there is a danger of being violated or the representatives of these holders have the right to participate in the execution of measures to ensure evidence or finding a state of affairs. (10) Titulation of infringed rights may require the court to order the application of any of the following measures: a) the remission, in order to cover the damage suffered, of the proceeds made by the illicit act; b) the destruction of equipment and means owned by the perpetrator, whose sole or main destination was the production of the illicit act; c) removal from the commercial circuit, by confiscation and destruction, of children carried out illegally; d) the spread of information on the judgment of the court, including the display of the judgment, as well as its full or partial publication in the means of mass communication, at the expense of the one who committed the act; under the same conditions The courts may order additional publicity measures adapted to the particular circumstances of the case, including large-scale advertising. (11) The court orders the application of the measures provided in par. ((10) at the expense of the perpetrator, unless there are thorough reasons for him not to bear the expenses. (12) The measures provided in par. ((10) lit. b) and c) may also be ordered by the prosecutor on the occasion of the ranking or waiver of the prosecution. Provisions of paragraph ((10) lit. c) does not apply to constructions made in violation of the rights of architectural work, protected by this law, if the destruction of the building is not imposed by the circumstances of that case. ------------ Alin. ((12) of art. 139 139 has been amended by section 2 2 of art. 34 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (13) In the disposition of the measures provided in par. (10), the court will respect the principle of proportionality with the gravity of the violation of the rights protected by this law and will take into account the interests of third parties likely to be affected by these measures. (14) The judicial authorities are obliged to communicate to the parties the solutions adopted in cases of violation of the rights regulated by this law. (15) The Romanian Government, through the Romanian Copyright Office, supports the development, by associations and professional organizations, of codes of conduct at Community level, intended to help ensure the respect of rights provided by this law, in particular with regard to the use of codes allowing the identification of the manufacturer, affixed to optical discs. The Romanian Government also supports the transmission to the European Commission of draft codes of conduct at national or community level and of the assessments related to their application. ---------- Article 139 has been amended by art. 27 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 139 ^ 1 (1) The holder of the copyright or related rights may be represented, in all proceedings, negotiations and legal acts, for the duration and at any stage of the civil or criminal proceedings or outside such a process, by trustee with Special power. (2) For the setting in motion of the criminal action, as well as for the withdrawal of prior complaint and the reconciliation of the parties, the mandate shall be considered special, if given for the representation of the rightholder of the copyright or related rights, in any situation of violation of his rights. ------------- Art. 139 ^ 1 was introduced by item 115 115 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 139 ^ 2 It constitutes contraventions and is sanctioned with a fine of 3,000 lei to 30,000 lei the following facts: a) violation of art. 21 21; b) violation of art. 88 88 and 89; c) violation of art. 107 107 para. ((3) and (7); d) non-compliance by users with the provisions of art 130 lit. h); e) the fixation, without the authorization or consent of the holder of the rights recognized by the present law, of the interpretations or of the artistic executions or of the broadcasting or television programs. f) public communication, without the authorization or consent of the holder of the rights recognized by the present law, of the works or of the related products ------------- Lit. f) of art. 139 ^ 2 was introduced by section 4.2. 1 1 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. ------------- Art. 139 ^ 2 has been amended by section 4.2. 50 50 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 139 ^ 3 Repealed. ------------ Article 139 ^ 3 has been repealed by point 64 64 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 139 ^ 4 (1) It constitutes a contravention, if it does not represent a crime, and is sanctioned with a fine of 10,000 lei to 50,000 lei and the confiscation of pirate-pirate or pirate-pirate devices for access control of legal persons or persons authorized to allow access to the premises, equipment, means of transport, goods or services, in order to commit by another person of a contravention provided by this law. (2) With the fine provided in par. (1) it is also sanctioned the act of economic operators who violate the obligation provided in art. 145 145 para. ((3). (3) For the repetition of the commission of the facts provided in (1) and (2), which resulted in the commission of the crimes provided for in art. 139 ^ 6 within one year, the finding body may also apply the complementary sanction of suspension of the activity or of one of the activities of the legal person for a duration of up to 6 months. ------------ Art. 139 ^ 4 has been amended by section 4.2. 2 2 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 139 ^ 5 (1) The contravention sanctions provided for in art. 139 ^ 2 also applies to legal entities. If the offender, the legal person, carries out activities involving, according to his/her object of activity, the public communication of works or products carrying copyright or related rights, the limits of fines The contravention is increased twice. (2) Contraventions provided in art. 139 ^ 2 and 139 ^ 4 are found and applied by the police officers or police officers of the Ministry of Administration and Interior with competence in the field. (3) The offender may pay, within 48 hours from the date of receipt of the minutes of finding the contravention, half of the minimum fine provided for in this law. ------------ Article 139 ^ 5 has been amended by point (a) 66 66 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 139 ^ 6 (1) It constitutes crimes and is punishable by imprisonment from 6 months to 3 years or with a fine the following facts: a) the realization, for the purpose of distribution, of pirate-goods; b) the placing of the pirate-goods under a definitive customs import or export procedure, under a customs duty suspension or in free zones; c) any other way of introducing the pirate-goods to the internal market. (2) With the punishment provided in par. (1) it is sanctioned and offered, the distribution, possession or storage or transport of pirate goods, for the purpose of distribution. (3) If the facts provided in par. (1) and (2) are committed for commercial purposes, they shall be punished with imprisonment from 2 to 7 years. (4) With the punishment provided in par. (3) is also punishable by renting or offering for rent-pirate. ((5) The promotion of pirate-goods by using public notices or electronic means of communication, by exposing or presenting to the public the lists or catalogues of products or by any other such means offence and is punishable by imprisonment from 3 months to 2 years or a fine. (6) For the purposes of this law, the pirate-goods shall mean all copies, regardless of the support, including the covers, made without the consent of the rightholder or the legal person authorized by him and who are executed, directly or indirectly, in whole or in part, from a copyrighted product or related rights or from their packaging or covers. (7) For the purposes of this law, commercial purpose means the pursuit of obtaining, directly or indirectly, an economic or material advantage. (8) The commercial purpose is presumed if the pirate-ship is identified at the premises, at the working points, in their annexes or in the means of transport used by the economic operators who are in the activity of reproduction, distribution, the rental, storage or transport of copyright or related rights. ------------ Article 139 ^ 6 has been amended by section 6.6. 3 3 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 139 ^ 7 Repealed. ------------- Art. 139 ^ 7 was repealed by item 4 4 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 139 ^ 8 It is a criminal offence and is punishable by imprisonment from 6 months to 3 years or a fine making available to the public, including via the internet or other computer networks, without right, works or related rights-bearing products or the sui-generis rights of database manufacturers or their children, regardless of the support, so that the public can access them in any place or at any time chosen individually. ------------- Art. 139 ^ 8 has been amended by section 5 5 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 139 ^ 9 It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine reproduction unauthorized on computer program calculation systems in any of the following ways: installation, storage, running or execution, Internal network display or transmission. ------------- Art. 139 ^ 9 has been amended by section 9. 6 6 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 140 (1) It constitutes crimes and is punishable by imprisonment from one month to one year or by fine the following acts committed without the authorization or consent of the holder of the rights recognized by this law: a) the reproduction of works or related products; b) the distribution, rental or importation into the internal market of works or of the products bearing the related rights, other than the pirate-goods; c) the broadcasting of works or related products; d) cable retransmission of works or related rights-bearing products; e) the realization of derivative works; f) the fixing, for commercial purposes, of interpretations or artistic executions or of broadcasting or television programmes; g) violation of art. 134. (2) By products bearing the related rights, it is understood the artistic interpretations or executions fixed, the phonograms, the videograms and their own programmes or programme services of the broadcasting and television organisations. ----------- Article 140 has been amended by section 6.6. 7 7 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 141 (1) It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine the act of the person who appropriates, without right, in whole or in part, the work of another author and presents it as an intellectual creation of its own. ((2) Impacation shall remove criminal liability. ------------ Article 141 has been amended by section 1. 8 8 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 141 ^ 1 ((1) The production, import, distribution, possession, installation, maintenance or replacement, in any way, of access control devices, either original or pirate, used for the program services with conditional access, constitute offence and is punishable by imprisonment of 6 months to 3 years or a fine. (2) The fit of the person who is connected without right or who refreshments without right another person to services of programs with conditional access constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. ((3) The use of public notices or electronic means of communication for the purpose of promoting the control-pirate devices for access to the services of programmes with conditional access, as well as the exposure or presentation to the public in any way, without right, of the information necessary to make devices of any kind, capable of ensuring unauthorized access to the services of specified programs, with conditional access, or intended for unauthorized access in any way to such services, constitutes crimes and is punishable by imprisonment from one month to one year or fine. (4) The sale or rental of access control pirate devices shall be punishable by imprisonment from one year to 5 years. (5) For the purposes of this law, by means of access control-pirate provision means any device whose manufacture has not been authorized by the holder of the rights recognized by this law in relation to a particular program service television with conditional access, made to facilitate access to that service. ----------- Article 141 ^ 1 has been amended by section 1. 9 9 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 142 Repealed. ------------- Article 142 has been repealed by point (a) 118 118 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 143 (1) It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine deed to the person who, without right, produces, imports, distributes or rents, offers, by any way, for sale or rental, or holds, in order to marketing, devices or components which allow the neutralisation of technical protective measures or which provide services leading to the neutralisation of technical protective measures or which neutralise these technical protective measures, including in the digital environment. (2) It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or by fine the act of the person who, without right, removes, for commercial purposes, from works or other protected products or changes on them any information in the form the electronic system of copyright or related rights applicable. ------------- Alin. ((2) of art. 143 143 has been amended by section 10 10 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. ------------- Article 143 has been amended by section 6.6. 58 58 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 143 ^ 1 (1) It is not punishable by the person who, before the prosecution is started, denounces the competent authorities his participation in an association or understanding in order to commit one of the crimes provided for in art. 139 ^ 6, thus allowing the identification and criminal liability of the other participants. (2) The person who committed one of the offences referred to in art. 139 ^ 6 and which, during the prosecution, denounces and facilitates the identification and criminal liability of other persons who have committed crimes related to pirate goods or pirate access control devices, benefit from halving the limits of the sentence provided by law. (3) If the persons who have committed crimes under this law have repaired, until the end of the judicial investigation before the first instance, the damage caused to the rightholder, the special limits of the sentence shall be reduced to half. ------------- Alin. ((3) of art. 143 ^ 1 has been amended by section 4.2 11 11 of art. 54 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. ------------- Art. 143 ^ 1 [initially with para. ((1) and (2)) has been introduced by section 1. 120 120 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 144 Repealed. -------------- Article 144 was repealed by art. XII of EMERGENCY ORDINANCE no. 190 190 of 21 November 2005 , published in MONITORUL OFFICIAL no. 1.179 1.179 of 28 December 2005. + Article 145 Repealed. ------------ Article 145 was repealed by point (a). 3 3 of art. 34 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Title IV Law enforcement. Transitional and final provisions + Article 146 Benefit from the protection provided by this law: a) works whose authors are Romanian citizens, even if they have not yet been brought to public knowledge; b) works whose authors are natural or legal persons with domicile or based in Romania, even if they have not been brought to public knowledge; c) architectural works built on the territory of Romania; d) interpretations or executions of performers taking place on the territory of Romania; e) interpretations or executions of performers who are fixed in records protected by this law; f) the interpretations or executions of performers who have not been fixed in the records, but are transmitted by broadcasting or television broadcasts protected by this law; g) sound or audiovisual recordings whose producers are natural or legal persons residing in Romania; h) sound or audiovisual recordings whose first fixation on a material support took place for the first time in Romania; i) broadcasting and television programmes issued by broadcasting and television organisations based in Romania; j) broadcasting and television programs transmitted by transmitter bodies based in Romania. ------------ Article 146 has been amended by section 6.6. 75 75 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 147 Foreign natural or legal persons, copyright or related rights, benefit from the protection provided by the international conventions, treaties and agreements to which Romania is a party, and in the absence thereof of equal treatment with that of Romanian citizens, provided that they also benefit from similar treatment in the respective states. ------------- Article 147 has been amended by section 6.6. 61 61 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. + Article 147 ^ 1 In addition to the provisions of this law, special regulations may be adopted to establish measures, including on the application and use of source identification codes, in order to combat import, production, reproduction, distribution or rental of pirate goods or pirate access control devices, used for the services of conditional access programs, as well as for the use of special markings for attestation of payment of compensatory remuneration for private copying. ------------ Art. 147 ^ 1 has been amended by section 4.2. 77 77 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 148 (1) In order to register, as a means of proof, the works carried out in Romania, the National Register of Opere, managed by the Romanian Copyright Office, is established. Registration is optional and is made for a fee, according to the methodological norms and tariffs established by Government decision. ((2) The existence and content of a work can be proved by any means of evidence, including by including it in the repertoire of a collective management body. (3) The authors and other rightholders or holders of exclusive rights of the authors, referred to in this law, have the right to register, on the originals or on authorized copies of the works, the mention of the reservation of the exploitation to them, reported according to the usages, consisting of a symbol represented by letter C, in the middle of a circle, accompanied by their name, place and year of the first publication. (4) Producers of sound recordings, performers and other holders of exclusive rights of producers or performers, referred to in this Law, shall have the right to enter, on the originals or the authorized copies of sound or audiovisual recordings or on the shell containing them, the entry for the reservation of their operation, reported in accordance with the usages and consisting of a symbol represented by letter P, the middle of a circle, accompanied by their name, the place and year of the first publication. (5) Until the contrary test, it is presumed that the exclusive rights, reported according to the usages, by the symbols mentioned in par. ((3) and (4) or by the particulars provided in art. 104 and 106 ^ 2, exist and belong to the people who used them. (6) Provisions of para. ((3), (4) and (5) do not condition the existence of rights recognized and guaranteed by this law. (7) The authors of works and rightholders, with the inclusion of their work in the repertoire of the collective management body, may also register their literary or artistic name, exclusively in order to bring it to public knowledge. ------------- Article 148 has been amended by section 4.2. 127 127 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 149 (1) The legal acts concluded under the regime of the previous legislation produce all their effects according to the same, except for the clauses that provide for the assignment of the rights of use of the totality of the works that the author can create in the future. ------------- Alin. ((1) of art. 149 149 has been amended by section 128 128 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. ((2) Benefit from the protection of the present law and works, including computer programs, interpretations or executions, sound or audiovisual recordings, as well as the programs of broadcasting and television bodies previously made the entry into force of this Law, under the conditions provided in par. ((1). ------------ Alin. ((2) of art. 149 149 has been amended by section 78 78 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. (3) The duration of the patrimonial rights on the works created before the entry into force of this law and for which the protection periods calculated according to the procedures of the previous legislation have not expired shall be extended until the deadline protection provided for in this law. The extension only takes effect from the entry into force of this Law. ------------- Alin. ((3) of art. 149 149 has been amended by section 128 128 of art. I of LAW no. 285 285 of 23 June 2004 , published in MONITORUL OFFICIAL no. 587 587 of 30 June 2004. + Article 150 (1) Machinery, sketches, layouts, manuscripts and any other goods that serve directly to the realization of a work that gives rise to a copyright may not be the subject of a forced pursuit. ((2) The amounts due to the authors, as a result of the use of their works, benefit from the same protection as wages and can only be pursued under the same conditions. These amounts are subject to taxation under the relevant tax legislation. ------------- Alin. ((2) of art. 150 150 has been amended by section 62 62 of art. unique from LAW no. 329 329 of 14 July 2006 , published in MONITORUL OFFICIAL no. 657 657 of 31 July 2006. ((3) Abrogat. ------------ Alin. ((3) of art. 150 was repealed by par. ((2) art. 30 of LAW no. 146 146 of 24 July 1997 , published in MONITORUL OFFICIAL no. 173 173 of 29 July 1997. + Article 151 Disputes concerning copyright and related rights are within the jurisdiction of jurisdictional bodies, according to this law and common law. + Article 151 ^ 1 (1) The European Commission will be informed of the intention to adopt national provisions governing new related rights, stating the essential reasons justifying the regulation of these rights and the duration of protection proper. (2) Any national provisions adopted in the field covered by this Law shall be communicated to the European Commission. (3) The list of the broadcasters to which the provisions of art. 119 119 para. ((2). (4) The Romanian Copyright Office is responsible for carrying out the communications provided in par. ((1)-(3) to the European Commission. ------------ Art. 151 ^ 1 was introduced by item 1. 79 79 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 151 ^ 2 This law transposes the provisions of the following Community legislation: a) Council Directive 91 /250/EEC COUNCIL DIRECTIVE of 14 May 1991 on the legal protection of computer programmes published in the Official Journal of the European Communities no L 122 of 17 May 1991; b) Council Directive 92 /100/EEC COUNCIL DIRECTIVE of 19 November 1992 on the right to rent and to borrow and certain rights related to copyright in the field of intellectual property published in the Official Journal of the European Communities no L 346 of 24 November 1992; c) Council Directive 93 /83/EEC COUNCIL DECISION of 27 September 1993 on the harmonisation of certain provisions relating to copyright and related rights applicable to the broadcasting of satellite programmes and cable retransmission, published in the Official Journal of the European Communities no. L 248 of 6 October 1993; d) Council Directive 93 /98/EEC COUNCIL DIRECTIVE of 29 October 1993 on the harmonisation of the term of protection of copyright and certain related rights published in the Official Journal of the European Communities no. L 290 of 24 November 1993; e) Directive of the European Parliament and of the Council COUNCIL DIRECTIVE of 11 March 1996 on the legal protection of databases published in the Official Journal of the European Communities no. L 077 of 27 March 1996; f) Directive 2001 /29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, published in the Official Journal of the European Communities no. L 006 of 10 January 2002; g) Directive of the European Parliament and of the Council COUNCIL DIRECTIVE of 27 September 2001 on the right of resale to the benefit of the author of an original work of art published in the Official Journal L 272 of 13 October 2001; h) Directive of the European Parliament and of the Council COMMISSION DECISION of 29 April 2004 on the enforcement of intellectual property rights, published in the Official Journal of the European Communities L 157 of 30 April 2004. i) Directive 2012 /28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works, published in the Official Journal of the European Union, L series, no. 299 299 of 27 October 2012. ---------- Lit. i) of art. 151 ^ 2 was introduced by section 4.2. 3 3 of art. unique from LAW no. 210 210 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. ------------ Art. 151 ^ 2 was introduced by item 79 79 of art. I of EMERGENCY ORDINANCE no. 123 123 of 1 September 2005 , published in MONITORUL OFFICIAL no. 843 843 of 19 September 2005. + Article 152 The collective management bodies operating on the date of entry into force of this Law shall be obliged to comply with the provisions of art. 125, within 6 months from the entry into force of this Law. + Article 153 The provisions of this Law shall be supplemented by the provisions of + Article 154 (1) This law shall enter into force 90 days from the date of its publication in the Official Gazette of Romania. (2) The same date shall be repealed Decree no. 321 321 of 21 June 1956 on copyright, as amended, and any other provisions to the contrary. (3) Within 6 months from the entry into force of this Law, the part of the methodologies provided in art. 131 and 131 ^ 1, which concerns the minimum amount for local broadcasters, will be renegotiated on the basis of the amendments made by this law, in order to respect the proportionality with the potential receptors of the broadcasts. ---------- Alin. ((3) of art. 154 154 has been amended by section 3 3 of art. unique from LAW no. 261 261 of 3 November 2015 , published in MONITORUL OFFICIAL no. 826 826 of 5 November 2015. This law was adopted by the Chamber of Deputies at its meeting on February 19, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution.
CHAMBER OF DEPUTIES PRESIDENT
ADRIAN NASTASE
This law was adopted by the Senate at its meeting on February 20, 1996, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution.
p. SENATE PRESIDENT
ION SOLCANU
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