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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Law No. 8 of 14 March 1996 (* updated *) on copyright and related rights (updated November 8th, 2015 *) ISSUER-PARLIAMENT-------the contents of this act is not an official document, being intended for the information of the user, the Romanian Parliament adopts this law.


Title I copyright section I General provisions chapter I Introductory Provisions Article 1 (1) the copyright of a literary, artistic or scientific, as well as other works of intellectual creation is recognized and guaranteed under the present law. This is linked to the person of the author and the moral attributes of acts and heritage.
  

— — — — — — — — — — — —-. (1) of article 1. 1 was amended by section 1 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) the work of intellectual creation is recognized and protected, independently of bringing to the attention of the public, by the mere fact of her, even in unfinished form.
  

— — — — — — — — — — —-. (2) of article 9. 1 was amended by section 1 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 2 recognition of rights provided for in this law shall be without prejudice and shall not preclude the protection afforded by other laws.


Chapter II subject matter of copyright Article 3 (1) Is author person or persons who created the work.
  

(2) in the cases provided by law, the Express can benefit from the protection granted to the author of legal entities and natural persons, other than the author.
  

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Alin. (2) of article 9. 3 was amended by section 1 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) the quality of the topic of copyright can be transmitted in accordance with the law.
  


Article 4 (1) shall be deemed to be the author, until proven to the contrary, the person under whose name the work was first brought to the attention of the public.
  

(2) where the work was brought to the attention of the public in the form of anonymous or under a pseudonym that does not identify the author, the copyright shall be exercised by the individual or legal person having public consent makes the author, as long as it does not reveal his identity.
  

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Alin. (2) of article 9. 4 was amended by section 1 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 5 (1) Is created by opera opera municipality several co-authors in collaboration.
  

(2) the copyright on its work, the joint between the co-authors belong to which one can be the primary author, under the present law.
  

(3) in the absence of an agreement to the contrary, I cannot use co-authoring artwork than by agreement. Refusal of consent on the part of any of the co-authors must be duly justified.
  

— — — — — — — — — — — —-. (3) art. 5 was amended by paragraph 2 of article 9. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(4) where the contribution of each co-author is distinct, it can be used separately, provided that they do not damage the common use of the work or the rights of other co-authors.
  

— — — — — — — — — — — —-. (4) article. 5 was amended by paragraph 2 of article 9. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(5) in the case of a work created in collaboration, remuneration should be made co-authors to the extent they have agreed. In the absence of an agreement, the remuneration shall be divided in proportion to the contribution of authors, or equally, if they cannot be set.
  


Article 6 (1) is the work of the collective work in which the personal contributions of the co-authors form a whole, and not be possible, given the nature of the work, to be assigned to a separate part of the law on all the coauthors of the work created.
  

(2) in the absence of an agreement to the contrary, the copyright on the work collective belongs to the natural or legal person responsibility, initiative and under whose name it was created.
  


Chapter III subject matter of copyright Article 7 Constitute the object of the copyright of the original works of intellectual creation in the fields of literary, artistic or scientific, irrespective of the method of creation, the mode or form of expression, independent of the value of their destination, such as: — — — — — — — — — — — — the introductory part of article 3. 7 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

the literary and journalistic writings), conferences, lectures, sermons, pleadings and other works written or oral, and computer programs;
  

b) scientific works, written or oral, such as: communications studies, University courses, textbooks, scientific projects and documentation;
  

c) musical compositions with or without text;
  

d) dramatic works, dramatico-musical, choreographic and mimed works;
  

e) cinematographic works and any other audiovisual works;
  

f) photographic works and 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, plastics, glass and metal designs, design, and other works of art applied to products intended for practical use;
  

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Lit. g) of art. 7 was amended by section 3 of article 9. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

h) works of architecture, including drawings, layouts and graphic works that form the architectural projects;
  

I) works, maps and drawings in the field of topography, geography and science in general.
  

j) repealed;
  

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Lit. j) of art. 7 was repealed by section 2 of art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 8 without prejudice to the rights of the authors of the original work, are also the object of copyright in derivative works that were created based on one or more preexisting works, namely: a) translations, adaptations, annotations, documentaries, musical arrangements and other transformations of a literary, artistic or scientific work that represents an intellectual creation;
  

b) collections of literary, scientific or artistic works, such as encyclopedias and anthologies, compilations or collections of materials or data, protected or not, including databases, which, by the selection or arrangement of the material, constitute intellectual creations.
  


Article 9 cannot benefit from legal protection of copyright as follows: a) the ideas, theories, concepts, scientific discoveries, procedures, methods of operation or mathematical concepts as such and inventions contained in a work, whatever may be the mode of retrieval, writing, explanation or expression;
  

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Lit. the article) 9 was amended by section 5 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

b) official texts of a legislative nature, policy, administrative, judicial and official translations thereof;
  

c official symbols of the State), public authorities and organisations such as: the coat of arms, seal, flag, emblem, arms, 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 shall have the following moral rights: the right to decide) whether, how and when it will be brought to the attention of opera;
  

b) entitled to claim recognition of the quality of the author of the work;
  

c) right to decide under what name will be brought to the attention of opera;
  

d) entitled to claim compliance with the integrity of the work and to object to any changes, and any attacks upon the work, if prejudicial to his honor or reputation;
  

e) right to retract their opera, if necessary, use holders, prejudiced in the exercise retractarii.
  

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Lit. s) art. 10 was amended by section 6 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 11 (1) moral rights may not be subject to any renunciation or transfer.
  

(2) After the author's death, the exercise of the rights referred to in art. 10 lit. a), b) and d) is transmitted by inheritance, according to civil legislation, for an unlimited duration. If there are no heirs, the exercise of these rights is the responsibility of collecting body that administered the rights of the author or, where appropriate, to the body with the greatest number of members in the field.
  

— — — — — — — — — — — —-. (2) of article 9. 11 has been modified by point 7 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 12 the author of a work has the exclusive right of the owners to decide whether, how and when to use his work, including to consent to use of the work by others.
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Art. 12 was amended by section 8 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 13


The use of a work give rise to property rights, distinct and exclusive of the author to authorise or prohibit: (a) reproduction of the work);
  

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Lit. the article) 13 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

b) distribution of the work;
  

c) importation for domestic marketing of children made with the author's consent, after the Opera;
  

d) letting the work;
  

e) lending the work;
  

f) communication to the public, either directly or indirectly, by any means, including by making the work available to the public, so that it can be accessed at any place and at a time individually chosen by the public;
  

g) rebroadcasting the work;
  

h) cable broadcasts of Opera;
  

I) making derivative works.
  

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Art. 13 was amended by point 9 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 14 Through reproduction within the meaning of this Act, means the realization of integral or partial, of one or of several copies of a work, directly or indirectly, temporarily permanently by any means and in any form, including any sound or audiovisual recordings of a work, as well as permanent storage times of its temporary with electronic means.
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Art. 14 was amended by paragraph 2 of article 9. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 14 (1) ^ 1 with the distribution for the purposes of this Act, means the sale or any other form of transmission, with the handing over of the original free times, or of copies of a work, as well as offering them to the public.
  

(2) the distribution right is exhausted once the first sale or transfer of the right of ownership of the original or the children of a work, within the internal market, by the rights holder or with his consent.
  

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Art. 14 ^ 1 was introduced by the pct, article 11. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 14 ^ 2 by import, for the purposes of this law, shall mean the introduction into the domestic market, with a view to marketing, of the original or of copies made of a work which has been lawfully fixed on any kind of support.
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Art. 14 ^ 2 was introduced by item 11 of article 4. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 14 ^ 3 by renting, for the purposes of this Act, means the making available for use, for a limited time and for a direct economic or commercial advantage times indirectly work.
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Art. 14 ^ 3 was introduced by item 11 of article 4. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 14 ^ 4 (1) for the purposes of loan, Through this law, means the making available for use, for a limited time only and without a direct economic or commercial advantage times indirectly work through an institution that allows public access to this end.
  

(2) lending by libraries does not require the authorisation of its author and give right to an equitable remuneration. This right cannot be renounced.
  

(3) equitable Remuneration referred to in paragraph 1. (2) is not due if the loan is done by libraries and educational institutions through public libraries with free access.
  

— — — — — — — — — — —-. (3) art. 14 ^ 4 was amended by section 3 of article 9. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(4) the lending of works fixed in sound recordings or audiovisual works cannot take place until 6 months after the first distribution of the work.
  

(5) the right loan is exhausted with the first sale or transfer of the right of ownership of the original or of a work, the children's market, conducted or consented by the rights holder.
  

— — — — — — — — — — —-. (5) article. 14 ^ 4 was amended by paragraph 4 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.
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Art. 14 ^ 4 [originally. (1) to (4)] was introduced by point 11 of article 1. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


The provisions of article 14 of the present law ^ 5 relating to rental and lending shall not apply to: (a) resulting from construction projects) architectural;
  

b) originals or copies of works of applied art design times, used for carrying out of consumer products;
  

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Lit. b) art. 14 ^ 5 was amended by section 5 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

c) originals or copies of works, carried out for the purposes of communication to the public or for which there is a contract;
  

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Lit. c) art. 14 ^ 5 was amended by section 5 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

d) works of reference for immediate consultation between institutions or for the loan;
  

e) copyright works created under the individual labour contract, if they are used by the one who hired the author, within the framework of ordinary activity.
  

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Art. ^ 14 has been amended 5 of point 7 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 15 (1) shall be considered as communication to the public any communication of a work, carried out directly or by any technical means, made in a place open to the public or at any place where gather a number of people exceeding the normal circle of a family and members of the knowledge, including the scenic representation, recitation, or any other means of public execution times of direct presentation of the work public exposure of the works of fine art, applied art, photography and architecture, public projection of cinematographic and other audiovisual works, including works of digital art, presentation in a public place, through sound recordings or audiovisual works, and the presentation in a public place, through any means, of a work spreading. It also considers any communication to the public of a work, by wire or wireless, accomplished by making available to the public, including via the internet or other computer networks so that any of the members of the public can have access to it from any place or any time individually chosen.
  

— — — — — — — — — — — —-. (1) article. 15 has been amended by section 6 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) the right to authorize or prohibit the communication to the public or making available to the public of works shall not be deemed to be exhausted by any act of communication to the public or to the public.
  

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Art. 15 was changed from point 12 of article 4. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 15 ^ 1 for the purposes of this law, by means of broadcasting), a work by issuing a broadcasting organization of the time, by any means serving the Wireless propagation of signs, sounds or images, or of the representation thereof, including its communication to the public by satellite in order of receipt by the public;
  

b) transmission of a work or of the representation thereof, by wire, cable, optic fiber or any other similar process, with the exception of computer networks, for the purpose of receiving them by the public.
  

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Art. 15 ^ 1 has been amended point 7 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 15 ^ 2 by retransmitting by cable, for the purposes of this Act, means the simultaneous, unaltered and relaying, by an operator, by the means provided for in article 10. 15 ^ 1 lit. (b)) or through a system of broadcast unabridged, for reception by the public of an initial transmission, wired or wireless, including satellite services broadcasting or television, intended for reception by the public.
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Art. 15 ^ 2 was amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 16 with the derivative for the purposes of this Act, means the translation, publication in collections, adaptation and any other transformation of a pre-existing works, whether it constitutes an intellectual creation.
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Art. 16 has been amended point 14 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 17 Repealed.
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Art. 17 was repealed by point 15 of article 2. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 18 Repealed.
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Art. 18 was abrogated by point 15 of article 2. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 19 Repealed.
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Art. 19 was repealed by point 15 of article 2. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 20 Repealed.
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Art. 20 was repealed by point 15 of article 2. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 21 (1) the author of an original work of graphic or plastic art or a photographic works benefit from a resale right, representing the right to receive a share of the net selling price obtained for any resale of the work, subsequent to the first transfer by the author, as well as the right to be informed of the place where his work.
  

— — — — — — — — — — —-. (1) of article 1. 21 was amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) the right mentioned in paragraph 1. (1) shall apply to all acts of resale of an original work of graphic or plastic art or photographic work which involves, as sellers, buyers or intermediaries, salons, art galleries, as well as any dealer of works of art.
  

(3) for the purposes of this law, copies of original works of art or photographic, that have been made in limited numbers by the author himself or with its approval, shall be considered to be original works of art.
  

— — — — — — — — — — —-. (3) art. 21 was amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(4) the amount due pursuant to paragraph 1. (1) shall be calculated according to the following odds without necessarily exceed 12,500 euro or the equivalent in lei: a) from 300 to 3,000 euro-5%;
  

b) from 50,000 euro 3,000.01 at-4%;
  

c) from 50,000.01 to euro 200,000-3%;
  

d) from 200,000.01 to 350,000 euro-1%;
  

e) from 350,000.01 to 500,000 euro-0.5%;
  

f) over 500,000 euro-0,25%.
  

— — — — — — — — — — —-. (4) article. 21 was amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(5) the seller must notify the author information specified in paragraph 2. (1) within two months from the date of sale, by responding to the arrest quota or percentage of the sale price, without the addition of other fees, and payment to the author of the amount owed pursuant to the provisions of paragraph 1. (4).
  

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Alin. (5) article. 21 was amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(6) receive royalties or their representatives may, for a period of three years after the resale, the persons referred to in paragraph 1. (2) the information necessary to ensure payment of the amounts due in accordance with paragraph 1. (4) and (7) the resale right may not be subject to any renunciation or transfer.
  

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Art. 21 was amended by paragraph 16 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 22 the owner or possessor of a work is obliged to allow access to the author of the work and to make available, where this is necessary for the exercise of the right or copyright, and provided that this does not prejudice the legitimate interest of an owner or possessor. In this case, the owner or possessor may claim of the author of the work is sufficient to guarantee the security of the work, securing at an amount which represents the value of the original market, as well as an appropriate remuneration.
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Art. 22 was amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 23 (1) the owner of the original of a work has the right to destroy it before you give her an author at the cost price of the material.
  

(2) if it is not possible to return to the original owner will allow the author to make a copy of the work, in an appropriate manner.
  

(3) in the case of architectural structures, the author has only the right to take pictures of the work and to require the owner sending replication projects.
  

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Art. 23 was amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Chapter V term of protection of copyright in article 24 (1) the copyright of a literary, artistic or scientific is born from the moment of creation of the work, whatever may be the mode or form of expression in concrete terms.
  

(2) If the work is created in a period of time, in parts, volumes, and in any other forms of creative development, the term of protection shall be calculated according to paragraph 1. (1) for each of these components.
  

— — — — — — — — — — —-. (2) of article 9. 24 was amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 25 (1) the economic rights provided for in art. 13 and 21 takes all the author's lifetime, and after his death shall be transmitted by inheritance, according to civil legislation, for a period of 70 years, irrespective of the date on which the work was brought to the attention of the public lawfully. If there are no heirs, the exercise of these rights is the responsibility of collecting body mandated during the life of the author or, in the absence of a mandate, the collecting body with the largest number of members in the field.
  

— — — — — — — — — — — —-. (1) of article 1. 25 has been amended from point 17 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) a person who, after the expiry of copyright protection, brings to the attention of the public, legally, for the first time, a prior unpublished work shall benefit from protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the time it was first brought to the attention of the public lawfully.
  

— — — — — — — — — — —-. (2) of article 9. 25 has been amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 26 (1) the duration of the economic rights over the works brought to the attention of the public legally, under the pseudonym or without indication of the author is 70 years from the date of bringing to the attention of the public.
  

— — — — — — — — — — —-. (1) of article 1. 26 was amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) if the identity of the author is made known to the public before expiry of the period referred to in paragraph 1. (1) or the pseudonym adopted by the author leaves no doubt as to author's identity, the provisions of art. 25 para. (1).
  

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Art. 26 was amended by the pct, article 18. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 27 (1) the duration of the economic rights over works made in collaboration is 70 years after the death of the last coauthor.
  

(2) where the contributions of co-authors are distinct, the duration of the economic rights for each of them is 70 years from the death of each co-author.
  

(3) the term of protection of a musical composition with text shall expire 70 years after the death of the last survivor of the lyricist and composer, regardless of whether they were or not designated as co-authors, provided that the contribution of that musical compositions with text to be created specifically for this purpose.
  

— — — — — — — — — — — —-. (3) art. 27 was introduced by section 1 of article. in accordance with law No. 53 of 24 March 2015, published in MONITORUL OFICIAL nr. 198 of 25 March 2015.


Article 28 the duration of economic rights of collective works is 70 years from the date of bringing the works to the attention of the public. Where it is not carried out for 70 years after the creation of the works, the duration of the economic rights expire after a period of 70 years after the creation of the works.


Article 29 Repealed.
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Art. 29 pct was repealed by article 19. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 30 economic rights in the computer software takes all the author's lifetime, and after his death shall be transmitted by inheritance, according to civil legislation, for a period of 70 years.
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Art. 30 was modified by pct article 20. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 31 non-essential Modifications, additions, cuts or adaptations for the purpose of selection and arrangement of the times, correcting the content of a work or collections, which are necessary for the continuation of the activity of the collection in the way the author intended, they will not extend the term of protection of such works or collections.


The time limits laid down in article 32 of this chapter shall be calculated as from January 1 of the year following the author's death or of bringing the work to the attention of the public, as appropriate.


Chapter VI Limits the exercise of copyright Article 33 (1) shall be permitted, without the author's consent and without payment of any remuneration, the following uses of a work brought to the attention of the public previously, provided that they comply with good engineering practice, not contrary to a normal exploitation of the work and do not prejudice the author or rights holders: the reproduction of a work) in judicial proceedings administrative, parliamentary or times for purposes of public safety;
  


b) use short quotations from a work for the purpose of analysis, commentary or criticism of the times by way of example, to the extent that their use justified laying quoted;
  

c) use of isolated articles or brief extracts from works in publications, in radio or television or in sound recordings or audiovisual works, intended exclusively for education, as well as reproduction for teaching in educational institutions or social protection of isolated articles or brief extracts from works, to the extent justified by the purpose;
  

d) for information and research on reproduction of short extracts from works in the context of libraries, museums, filmotecilor, fonotecilor, archives of public cultural or scientific institutions, which operate non-profit; integral reproduction of a work is permitted for replacing it, in case of serious damage, destruction or loss of copy in the permanent collection of the library or archives;
  

e) reproductions made of specific publicly available libraries, educational establishments or museums, or by archives, which are not carried out in order to obtain an advantage, directly or indirectly, economic times;
  

— — — — — — — — — — — —-e) of paragraph 1. (1) of article 1. 33 has been amended by section 8 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

f) reproduction, to the exclusion of any means to come into direct contact with the opera, distributing or communicating to the public the image of a work of fine art, architecture, photography or applied art located permanently in public places, except in cases in which the image of the work is the main subject of such reproduction, communication and distribution or if it is used for commercial purposes;
  

g) representation and execution of a work within the framework of the activities of educational institutions, exclusively for specific purposes and provided that both the representation or execution of, and public access should be free of charge;
  

h) use of works during religious or at official celebrations organised by a public authority;
  

I use), for promotional purposes, images of the works presented in the exhibition with the public or with sale of fairs, public auctions of works of art as a means to promote the event, excluding any commercial use.
  

(2) under the conditions laid down in paragraph 1. (1) shall be permitted reproduction, distribution, broadcasting or communication to the public without an advantage directly or indirectly, commercial or economic nature: a) short excerpts from press articles and radio or television reports, in order to inform on issues of topical interest, except those for which such use is expressly reserved;
  

b) short excerpts of conferences, relatively short addresses, oral argument and other works of the same kind, which have been expressed orally in public, provided that these uses have as their sole purpose information actuality;
  

c) short excerpts of works within the framework of information on current events, but only to the extent justified by the purpose of informing;
  

d) works, if solely for illustration in teaching or scientific research;
  

e) works for the benefit of people with a disability, which are directly related to the disability and within the limits required by the disability in question.
  

— — — — — — — — — — — —-e) of paragraph 1. (2) of article 9. Amended 33 of point 9 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) shall be exempted from the reproduction right, as provided in paragraph 1. (1) provisional laws, reproduction that are transient or incidental and constitute an integral and essential part of a technological process and whose sole purpose is to enable transmission in a network between third parties by an intermediary, or a lawful use of works or other subject-matter and which have no economic significance in its own right.
  

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Alin. (3) art. Amended 33 of point 11 of article 1. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(4) in all cases covered by paragraph 1. (1) (a). b), c), (e)), f)) and in para. (2) must indicate the source and author's name, unless this turns out to be impossible; in the case of works of plastic art, photography or architecture you must indicate the location and find the original.
  

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Art. 33 has been modified since pct article 21. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 34 (1) does not constitute a violation of copyright law, for the purposes of this law, the reproduction of a work without the author's consent, for personal use or for normal circle of a family, provided that the opera has been brought to the attention of previously published, and the reproduction not contrary to the normal exploitation of the work and do not prejudice the author or holder of rights of use.
  

(2) to the brackets that can achieve sound recordings or audiovisual works times that can cast reproductions of works of graphic and for appliances designed for children, in the situation referred to in paragraph 1. (1) will pay a compensatory remuneration fixed by negotiation, in accordance with the provisions of this law.
  

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Art. 34 was amended by paragraph 10 of article 10. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 35 the transformation of a work without the author's consent and without payment of remuneration, it is permissible in the following cases: a) if it is a private transformation, which is not intended and is not made available to the public;
  

(b) if the result of processing) is a parody or a caricature, provided that the result does not create confusion in respect of the original work and its author;
  

c) if transformation is required by the purpose of use permitted by copyright.
  

(d) if the result of processing) is a summary presentation of didactic purposes, with the citation.
  

— — — — — — — — — — — — — — d) article. 35 was introduced in point 11 of article 1. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 36 Repealed.
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Art. 36 was repealed by article item 23. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 37 (1) in order to test the functionality of the products at the time of manufacture or sale, companies that produce or sell times sound recordings, audio-visual equipment for the reproduction of their communication to the public of the times, as well as equipment for the reception of radio broadcasts and television can reproduce and present extracts from works, provided that such operations are reduced to the dimensions of the required test.
  

(2) in order to monitor the use of its repertoire by third parties, collecting societies can monitor users ' activity by any means, without the need for authorization and without payment, which may request for this purpose and information of public importance held by the law of the competent public institutions.
  

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Alin. (2) of article 9. Amended 37 of point 12 of article 4. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.
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Art. Amended 37 of point 13 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 38 (1) the assignment of the right of the broadcasting of a work by a broadcasting organization for its television recording entitled opera for the needs of their own shows, in order, once, to radiodifuzării. In case of further such work a and m records, a new authorization is required from the authors, in Exchange for remuneration which cannot be surrendered. If within six months from the first broadcasting shall not require such authorisation, registration must be destroyed.
  

(2) in respect of registration of temporary works carried out by its own means of broadcasting organizations or their own television shows, the conservation of these recordings in official archives is permissible if that presents a documentary value.
  

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Art. Amended 38 of point 13 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Chapter VII assignment of the economic rights of copyright section I common provisions Article 39 (1) the author or copyright holder may surrender under contract to others its patrimonial rights only.
  

(2) the assignment of the author's economic rights may be restricted to certain rights in respect of a particular territory and for a certain duration.
  

(3) the economic rights of the author or copyright owner may transmit through exclusive non-exclusive assignment times.
  

(4) In the case of assignment, the copyright holder itself can no longer use the term, on modalities and for the territory the agreed with the assignee nor the right in question may transmit 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 can use the opera itself and may transmit non-exclusive law and others.
  

(6) non-exclusive Transferee may not yield such right or a person other than with the express consent of the assignor.
  

(7) for the sale of one of the economic rights of copyright holder has no effect on other rights, unless otherwise agreed.
  

(8) the consent mentioned in paragraph 1. (6) it shall not be necessary where the transferee is a legal entity, transform, through one of the ways provided for by law.
  


Article 40 In the case of assignment of the right of reproduction of a work shall be deemed entitled to distribution of children of such works was also licensed, except for the right to import, unless otherwise provided by contract.
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Art. 40 was modified by pct article 25. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 41 (1) the contract of transfer of economic rights shall provide for the patrimonial rights and to indicate, for each of them, the ways of use, duration and extent of the assignment, as well as remuneration to the holder of the copyright. Absence of any of these provisions entitle the interested party to request the termination of the contract.
  

— — — — — — — — — — —-. (1) of article 1. amended 41 of point 14 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) the assignment of economic rights on all future works of the author, or the diverse nominees, is struck by the absolute nullity.
  


Article 42 the existence and content of the contract of transfer of the economic rights may prove only by written form. Exception contracts having as their object works used in the press.


Article 43 (1) the remuneration due pursuant to a contract of assignment of the economic rights shall be determined by agreement of the parties. The amount of the remuneration shall be calculated either in proportion to the revenue derived from the use of the work, either in a fixed amount or in any other way.
  

— — — — — — — — — — — —-. (1) of article 1. Amended 43 of point 27 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) where the remuneration has not been established by contract, the author may request the competent judicial organs according to law, the determination of remuneration. This will be done taking into account the amounts paid for the same common category of works, destination and duration of use, and other circumstances of the case.
  

— — — — — — — — — — — —-. (2) of article 9. Amended 43 of point 27 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(3) In the case of an obvious disproportion between the author's remuneration and benefits the person who obtained the assignment of economic rights, the author may request the competent jurisdictional bodies to revise the contract or increase convenient remuneration.
  

(4) the author may not waive in advance at the exercise of the right referred to in paragraph 1. 3. Article 44 (1) In the absence of any contractual clauses to the contrary, for works created in the performance of job duties as specified in the individual labour contract, the economic rights belong to the author of a work created. In this case, the author may authorize use of the work by third parties only with the consent of the employer and to reward its contribution with the costs for creation. Use of the work by the employer, within the objects, it does not require the authorization of the employee.
  

(2) where the clause provided for in paragraph 1. (1) there are, it is to include the term for which they have been assigned the patrimonial rights of an author. In the absence of an indication of the time limit, it shall be three years from the date of surrender.
  

(3) After expiry of the time limits provided for in paragraph 1. (2) in the absence of any provision to the contrary, the employer is entitled to claim payment of a reasonable odds author of the proceeds from the use of his work, to compensate for the costs incurred by the employer for the creation of the work by the employee, within job duties.
  

(4) upon the expiry of the period referred to in paragraph 1. (2) the economic rights shall accrue to the author.
  

(5) the author of a work created under an individual employment contract shall retain the exclusive right to use the work as part of its creation as a whole.
  

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Art. Amended 44 of point 28 of article 7. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 45 (1) in the absence of an agreement to the contrary, the owner of the copyright on a work that appeared in a periodical publication shall retain the right to use in any form, provided that they do not prejudice the publication in which it appeared.
  

(2) in the absence of an agreement to the contrary, the copyright holder may freely dispose of the opera, though it was not published within one month of the date of acceptance, in the case of a daily newspaper, or within six months in the case of other publications.
  


Article 46 (1) if the contract for future works, in the absence of any provision to the contrary, the economic rights belong to the author.
  

(2) the contract of future work should include both the delivery date and the deadline for acceptance of the work.
  

(3) a person who has the right to order opera denounce the contract if opera doesn't meet the conditions laid down. In the event of termination of the contract, the sums received by the author remain it. If, in order to create a work that was the subject of a contract, and have executed the preparatory work, the author shall be entitled to reimbursement of costs incurred.
  

— — — — — — — — — — — —-. (3) art. Amended 46 of point 15 of article 2. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.
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Art. Amended 46 of pct article 29. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 47 (1) the author may request the abolition of the contract of assignment of the right of the property where the transferee does not use it or use it in an insufficient extent and whether, in so doing, the author justified interests are affected.
  

— — — — — — — — — — — —-. (1) of article 1. Amended 47 of point 30 of article 1. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) the author may not request the abolition of the contract of assignment, if the grounds of non-use or insufficient use is due to his own fault, Act of a third party, a fortuitous case or force majeure.
  

— — — — — — — — — — — —-. (2) of article 9. Amended 47 of point 30 of article 1. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(3) the abolition of the contract of assignment referred to in paragraph 1. (1) may not be requested before the expiration of two years from the date of assignment of the proprietary right over a work. In the case of leased for its publications, this period will be three months and, in the case of periodical publications a year.
  

— — — — — — — — — — — —-. (3) art. Amended 47 of point 30 of article 1. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(4) the owner of the original of a work of fine art or photography has the right to expose the audience, even if it was not brought to the attention of the public, unless the author has expressly excluded that right through the disposal of the original Act.
  

(5) the author may not waive in advance the exercise of rights or to request the abolition of the contract of assignment referred to in paragraph 1. (1) (6) acquisition of ownership of the support material by itself does not confer a right of use over the work.
  

— — — — — — — — — — — —-. (6) article. Amended 47 of point 30 of article 1. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Section II of Article 48 editing Contract (1) the contract editing, copyright holder gives way to the Publisher in Exchange for remuneration, the right to reproduce and distribute the work.
  

— — — — — — — — — — — —-. (1) of article 1. Amended 48 of point 31 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) do not constitute a contract by which the Convention editing copyright holder empowers him, at its expense, on an editor, to reproduce and eventually to distribute opera.
  

— — — — — — — — — — — —-. (2) of article 9. Amended 48 of point 31 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(3) In the situation referred to in paragraph 1. (2) shall apply the provisions of the common law relating to the contract by the contractor.
  


Article 49 of the Copyright Holder may succumb to the Publisher the right to authorize the translation and adaptation of the work.


Article 50 of the Assignment editor the right to authorize other persons to adapt work or use it in any other way must be the subject of an express contractual provisions.
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Art. 50 was amended by the pct, article 32. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 51 (1) editing Contract must include clauses regarding: a) the duration of assignment;
  

(b) the exclusive or non-exclusive) nature and extent of the assignment;
  


(c) the maximum and minimum number) of specimens;
  

(d) the author's remuneration), established under the present law;
  

e) the number of copies reserved for the author free of charge;
  

f) term for the emergence and dissemination of copies of each edition or, if applicable, of each fire damper;
  

g) delivery date of the original work by the author;
  

h) procedure for control of the number of copies produced by the Publisher.
  

(2) the absence of any of the clauses referred to. a), b) and d) entitle the interested party to request cancellation of the contract.
  


Article 52 (1) Publisher who has acquired the right to publish the work in the form of a volume has over other similar bidders at price equal to, the priority right of publication of the work in electronic form. The editor must choose, in writing, within 30 days of receipt of the offer by the author.
  

(2) the right mentioned in paragraph 1. (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 in the case of new editions, provided that such improvements or changes to the Publisher's costs do not increase the essential and do not change the character of the work, if the contract provides otherwise.


Article 54 the editor will be able to yield only editing contract with the consent of the author.


Article 55 the Publisher is obliged to return the author's original work, the originals of works of art, artwork and any other material received for publication, unless otherwise agreed.


Article 56 (1) In the absence of any provision to the contrary, the contract will cease editing after expiry, or after exhausting the last editions agreed.
  

— — — — — — — — — — — —-. (1) of article 1. Amended 56 of item 33 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) shall be deemed to be exhausted or Edition circulation whose number of unsold copies is less than 5% of the total number of copies and, in any case, if it is less than 100 copies.
  

(3) If the Editor cannot publish the work in the agreed time-limit, the author may request that, in accordance with common law, the abolition of the contract and damages for non-performance. In this case, the author shall retain the remuneration received or, as the case may be, may require payment of remuneration integrals under contract.
  

(4) If the time limit for publication of the work is not provided for in the contract, the Publisher shall be obliged to publish within a period of one year from the date of its acceptance.
  

(5) where the Publisher intends to destroy the copies of the work, remaining in stock after a period of 2 years from the date of publication, and if the contract does not provide for a different period, it is obliged to offer them first to the author.
  

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Alin. (5) article. 56 was amended by paragraph 16 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 57 (1) in the case of the destruction of her work due to force major, the author is entitled to the remuneration that will be paid only if the artwork has been published.
  

(2) where a prepared Edition is totally destroyed, due to major force, before being put into circulation, the Publisher shall be entitled to prepare a new edition, and the author shall have the right to remuneration only for one of those editions.
  

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Alin. (2) of article 9. Amended 57 of point 17 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) where a prepared Edition is partially destroyed, due to major force, before being put into circulation, the Publisher shall be entitled to reproduce, without payment of remuneration to the author, but so many kids how many were destroyed.
  

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Alin. (3) art. Amended 57 of point 17 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Section III-of the theatrical representation contract or musical execution Article 58 (1) the contract covering theatrical musical execution times copyright holder gives way to a natural or legal person the right to represent or to perform in public a work present or future literary, dramatic, musical, dramatico-musical, choreographic or a pantomime, in Exchange for remuneration, and the transferee is obliged to represent times to execute under the conditions agreed.
  

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Alin. (1) of article 1. Amended 58 of point 17 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) may enter into contracts or General theatrical representation of musical execution and through collecting bodies, under the conditions laid down in article 21. 130 paragraph 1. (1) (a). c).
  

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Art. 58 was modified by item 34 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 59 (1) contract covering theatrical or musical performance in writing, over a certain period, or for a given number of public communication.
  

— — — — — — — — — — — —-. (1) of article 1. Amended 59 of point 35 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) the contract shall stipulate the period within which Premiere will take place or the only representation of the work execution times, where applicable, the exclusive nature of the assignment, or non-exclusive territory, as well as the remuneration of the author.
  

— — — — — — — — — — — —-. (2) of article 9. Amended 59 of point 35 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(3) an interruption of or executions for two consecutive years, unless provision was made for another term in the contract, give the author's right to request termination of the contract and damages for non-performance, according to the common law.
  

— — — — — — — — — — — —-. (3) art. Amended 59 of point 17 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(4) the beneficiary of a contract covering theatrical or musical performance cannot cede to a third party, the organizer of the shows, without written consent of the author or of the representative, unless assignment, partial or total, of this activity.
  

— — — — — — — — — — — —-. (4) article. Amended 59 of point 17 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 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 sustain an adequate technical conditions for realization of the work. Also, the assignee must send to the author of the program, posters and other printed materials, public reviews about the show, if it is not provided otherwise in the contract.
  

(2) the transferee is obliged to ensure the representation or execution of the work to the public in the appropriate technical conditions, as well as respect for the rights of the author.
  


Article 61 (1) the transferee is required to notify the copyright holder regularly the number of performances or musical styles, as well as returns. To this end, the contract covering theatrical or musical performance should provide for periods of communication, but no less than once a year.
  

(2) the transferee shall pay the author, within the time limits specified in the contract, the amounts in the amount agreed upon.
  


Article 62 if the transferee does not represent or does not perform the work in good time, the author may request that, in accordance with common law, the abolition of the contract and damages for non-performance. In this situation, the author shall retain the remuneration received or, as the case may be, may require payment of remuneration integrals under contract.


Section IV the lease Article 63 (1) Through the lease of a work, the author undertakes to authorise the use, in time, at least one specimen of his work, or a copy, especially computer programs of the time fixed in the works sound recordings or audiovisual works. The beneficiary of the right rental undertakes to pay remuneration to the author while uses that copy of the work.
  

(2) the lease of a work shall be subject to the provisions of the common law relating to tenancy.
  

(3) the author retains the copyright on the work, with the exception of the right of distribution, unless otherwise agreed.
  

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Art. Amended 63 of item 36 of article 1. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Part II specific provisions Chapter VIII Cinematographic Works and other audiovisual works Article 64 is the cinematographic audiovisual Opera, opera expressed through a similar process of cinema or any other Opera House consisting of a sequence of moving images, whether or not accompanied by sounds.
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Art. 64 was modified by point 37 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 65 (1) the Director or, where applicable, the producer of the audiovisual work is the natural person who, in agreement with the manufacturer, assumes leadership of the development and completion of the audiovisual work, as the main author.
  

— — — — — — — — — — — —-. (1) of article 1. 65 has been changed from point 17 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


(2) the producer of the audiovisual work is the natural person or legal person who assumes responsibility for the production of the work and, in this capacity, organizes the work and achievement provide the necessary technical and financial means.
  

(3) for audio-visual works, written form of the contract between the producer and the principal author is mandatory.
  

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Alin. (3) art. 65 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 66 Are co-authors of the audiovisual work, as provided in article 13. 5, the Director or the principal Director, the author of the adaptation, author of the screenplay, the author of the dialogue, the author of music specially created for audiovisual and graphic author for works of animation or animation sequences, when the latter represents an important part of the work. In the contract between the producer and the Director or producer of the work parties may agree to be included as authors of an audiovisual work other developers who have contributed to its creation.
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Art. Amended 66 of point 18 of the art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 67 (1) where one of the authors referred to in article 1. 66 refuse to define his contribution to the audiovisual work or opera lies in the impossibility 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 the contribution under consideration.
  

— — — — — — — — — — — —-. (1) of article 1. Amended 67 of point 38 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) shall be considered as finite audiovisual Opera, when final version has been established by common accord between the primary author and producer.
  

(3) it is prohibited to the destruction of the original support definitive version of the work in audio-visual form copy.
  

(4) the authors of the audiovisual work other than the main author may not oppose bringing to the attention of the public, as well as the specific use of the definitive version of the work, in whole or in part.
  

— — — — — — — — — — — —-. (4) article. Amended 67 of point 38 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 68 (1) the right of audiovisual adaptation is the exclusive right of the copyright owner of a preexisting works to change or to be included in an audiovisual work.
  

(2) the assignment of the right of the paragraph. (1) may be made only on the basis of a written contract between the holder of the copyright and the audiovisual work, as distinct from the editing of the work contract.
  

(3) through the conclusion of the contract, the holder of the copyright on any pre-existing works a manufacturer the exclusive right transfer of transformation and inclusion of the work in question in an audiovisual work.
  

(4) the authorization given by the copyright holder on the pre-existing work should express the conditions of production, distribution and projection of the audiovisual work.
  


Article 69 the moral rights over the finished work are recognized only the authors established under art. 66 of this law.


Article 70 (1) Through contracts between the authors of the audiovisual work and the producer, in the absence of any provision to the contrary, it is presumed that they, with the exception of the authors of the music specially created, she succumbs to the producer exclusive rights regarding the use of the work as a whole or, as referred to in art. 13, and the right to authorize dubbing and subtitling, in return for equitable remuneration.
  

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Alin. (1) of article 1. 70 was amended by the pct, article 19. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(2) in the absence of a provision to the contrary, the authors of the audiovisual work, as well as other authors of contributions to it, retains all rights to the use of their own contributions, as well as the right to authorize and/or prohibit specific uses in addition to that of the work, in whole or in part, such as the use of excerpts from the cinematographic advertising, other than to promote Opera , under the present law.
  

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Art. 70 was amended by point 39 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 71 (1) In the absence of any provision to the contrary, remuneration for each mode of use of the audiovisual work is proportional to the gross proceeds arising from the use of the work.
  

(2) the producer shall be obliged to submit periodically authors returns collected after each usage. Authors receive proper remuneration either through the manufacturer, either directly from users, either by collecting societies copyright, on the basis of General contracts concluded by them with the users. For the rental right, the authors shall receive remuneration in accordance with the provisions of art. the 111 ^ 1.
  

(3) where the producer will not complete the audiovisual opera for five years after conclusion of the contract or do not broadcast audiovisual artwork in a year after its completion, co-authoring may require termination of the contract, unless otherwise agreed.
  

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Art. amended 71 of point 40 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Chapter IX computer programs Article 72 (1) of this Act, the protection of computer programs shall include any expression of a program, application programs and operating systems, expressed in any language, whether in source code or object code, preparatory design material, and manuals.
  

(2) ideas, processes, functioning methods, mathematical concepts and principles that underlie any element of a computer program, including those which underlie its interfaces, are not protected.
  


Article 73 (1) the holder of the copyright of a computer program is entitled to benefit properly from the rights provided for by this law in part I of this title, especially the exclusive right to carry out and authorize: — — — — — — — — — — — —-the introductory part of article 3. Amended 73 of point 41 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

the permanent or temporary reproduction) of a program, in whole or in part, by any means and in any form, including in cases where reproduction is determined by running the installation, storage, display or performance of, or over the network;
  

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Lit. the article) Amended 73 of point 41 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

b) translation, adaptation, arrangement or any other transformation brought a computer program and the reproduction of the outcome of these operations, without prejudice to the rights of the person who transforms the program;
  

c) distribution and rental of the original or of children in any form of a computer program.
  

— — — — — — — — — — — — — c) of paragraph 1. (1) of article 1. Amended 73 of point 18 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) the first sale of a copy of a computer program in the internal market by the holder of the rights or with his consent exhausts made the exclusive right of authorizing the distribution of such copies domestically.
  

— — — — — — — — — — — —-. (2) of article 9. 73 was amended by the pct, article 19. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 74 In the absence of any provision to the contrary, the economic rights of copyright on computer programs created by one or more employees in the performance of job duties or after him who undertake instructions belong to the latter.
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Art. Amended 74 of point 42 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 75 (1) In the absence of any provision to the contrary, through a contract of use of a computer program shall be presumed: — — — — — — — — — — — —-the introductory part of paragraph 1. (1) of article 1. Amended 75 of point 43 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

the user is granted) the right of exclusive use of a computer program;
  

b) user may not 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 over it.
  


Article 76 In the absence of any provision to the contrary, are not subject to authorisation of the rightholder of the acts listed in article 1(1). 73 lit. the a and b)) where they are necessary for the legitimate acquirer to use the computer program in a manner corresponding to its destination, including for error correction.
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Art. Amended 76 of point 44 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 77


(1) the authorized User of a computer program may make, without the permission of copyright holder, a copy of the archive or safety, to the extent that this is necessary to ensure the use of that program.
  

— — — — — — — — — — — —-. (1) of article 1. 77 was modified by item 45 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) the authorized User of a copy of a computer program may, without the authorization of the rightholder, investigate, study or test the functioning of the programme, in order to determine the ideas and principles which underlie any element of the latter, with the opportunity to carry out any installation operations, display, running, transmission or storage execution times of the programme, which has the right to carry them.
  

— — — — — — — — — — — —-. (2) of article 9. 77 was modified by item 45 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(3) the provisions of article 4. 10 lit. e) of this law shall not apply to computer programs.
  


Article 78 the authorization of the rightholder shall not be required where reproduction of the code or translation of the form of such a code is indispensable for obtaining the information necessary for interoperability of a computer program with other programs, if the following conditions are met: — — — — — — — — — — — —-the introductory part of article 3. 78 has been amended, article, item 46. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

the acts of reproduction) and lyrics are performed by a person holding the right to use a copy of a program or a person who performs those actions on behalf of those teeth, being recognized for this purpose;
  

(b) the information necessary for interoperability) are not easily and quickly accessible to the persons referred to in subparagraph (a). of) of this article;
  

c) acts referred to in of) of this article are limited to parties of the necessary interoperability program.
  


Article 79 the information obtained through the application of art. 78: a) may not be used for purposes other than to achieve the interoperability program, created independently;
  

— — — — — — — — — — — — the letter a) to article 1. Amended 79 of subpoints of article 20. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(b)) may be disclosed to other persons, except where the communication is necessary for interoperability program, created independently;
  

c) cannot be used for the completion of the fold, produce marketing of a computer program, whose expression is fundamentally similar, or for any other act that affect the rights of the copyright holder.
  

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Lit. c) art. Amended 79 of subpoints of article 47. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 80 article 4. 78 and 79 shall not apply, if it causes injury to the holder of the copyright or the normal exploitation of the computer program.
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Art. 80 was modified by item 48 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 81 the provisions of cap. VI of this title shall not apply to computer programs.


Chapter X works of fine art, photographic and Article 82 natural or legal person organising art exhibitions is responsible for the integrity of the works exhibited, taking all measures for the Elimination of any risk.


Article 83 (1) contract of a work of art shall contain indications enabling the work, such as a brief description, a sketch, a drawing, a photograph, as well as references to the author's signature.
  

(2) Reproductions may not be offered for sale without the copyright holder to be approved copy that was submitted for review.
  

(3) all copies must show the author's name or pen name times any other agreed to identify it.
  

(4) the original models and other elements that have served to the person who made the reproductions must be returned to the licensee on any basis, unless otherwise agreed.
  

(5) Tools specially designed for the reproduction of the work must be destroyed or made unusable if the holder of the copyright on the work there they purchase and unless agreed otherwise.
  


Article 84 (1) Studies and projects of architecture and planning exhibited near the yard work of architecture, and the construction carried out after they must bear the name of the author, the conspicuous, if not contractually agreed otherwise.
  

— — — — — — — — — — — —-. (1) of article 1. 84 was amended by pct article 20. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) the construction of a work of architecture, made in whole or in part after another, cannot be made than with the consent of the rightholder on that project.
  


Article 85 (1) are considered to be works of photographic and cinematographic films fotogramele.
  

(2) they are not eligible for legal protection of copyright photographs of some letters, documents, documents of any kind, technical drawings and the like.
  


Article 86 (1) the author of a work the right to use their own photographic artwork should not prejudice the rights of the author's art work reproduced in photographic artwork.
  

— — — — — — — — — — — —-. (1) of article 1. 86 amended item 49 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) the economic rights in the work, which was created in the execution of an individual contract of employment or the command is presumed to belong, for a period of three years, the person who committed or the person who made the order, whether the contract could not be otherwise.
  

(3) a photographic works of tape has the effect of transferring assets of the holder of copyright over it, if the contract was not provided for otherwise.
  


Article 87 (1) a person's Photo, when it is executed, it may be published, reproduced by the person photographed or his successors without the author's consent, unless otherwise agreed.
  

(2) if the name of the author appears on the original copy of the photograph, it must be mentioned and on the reproductions.
  

— — — — — — — — — — — —-. (2) of article 9. Amended 87 of pct article 20. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Chapter XI Protection of the addressee's portrait, correspondence and secrecy of information Article 88 (1) use of a work containing a portrait shall require the consent of the person represented in that portrait, under the conditions provided for in art. 73, 74 and 79 of the civil code. Also, the author, the owner or possessor thereof has the right to reproduce or use without the consent of the person who gave it to his successors, for 20 years after her death, in compliance with the provisions of article and. 79 of the civil code.
  

(2) in the absence of clauses to the contrary, consent is not required if the person represented in the portrait is a professional model or has received remuneration for that picture to portrait. Also, the existence of presumed consent pursuant to article. 76 of the civil code.
  

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Art. 88 was amended by section 1 of article. 21, Section 3, chapter II. III of law No. 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 89 the use of mailings addressed to a person requires the consent of the recipient, and after his death, a period of 20 years, of his successors, if the addressee did not wish otherwise. In all cases, the applicable provisions of articles are alike. 71 para. (1) and (2), art. 72, 74 and 79 of the civil code.
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Art. 89 was amended by paragraph 2 of article 9. 21, Section 3, chapter II. III of law No. 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 90 the person represented in a portrait of a person and the corresponding recipient may exercise the right provided for in article 10. 10 lit. (d)), in relation to the use of the work containing the portrait or correspondence as appropriate.
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Art. 90 was amended by article 52, item. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 91 (1) the Publisher or producer, at the request of the author, is obligated to keep secret the sources of information used in their work and to not publish the documents relating thereto.
  

(2) disclosure of secrecy is allowed with the consent of the person who has entrusted to him, or on the basis of a judgement, final and irrevocable.
  


Title II Rights related to copyright and related Rights copyright and sui generis rights — — — — — — — — — — — — — — Name of title II has been amended item 53 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Chapter I common provisions Article 92 (1) of the copyright and related Rights shall not prejudice authors ' rights. Nothing in this title shall not be construed as meaning a restriction of the exercise of copyright.
  


(2) economic rights recognized under this title may be transferred, in whole or in part, under the conditions laid down in article 21. 39-43, which shall apply by analogy. These rights may be subject to the exclusive or non-exclusive assignment.
  

— — — — — — — — — — — —-. (2) of article 9. Amended 92 of point 54 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 93 Repealed.
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Art. 93 was repealed by article 55 point. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 94 shall be recognized and protected, as holders of rights related to copyright, performers, for their performances, producers of executions times sound recordings and audio-visual recordings, producers for their own records, and broadcasting organizations for their own television shows and content services.
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Art. Amended 94 of point 56 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Chapter II rights of performers Article 95 for the purposes of this law, by artists performers means singers, actors, musicians, dancers and other persons who presents, sings, dances, plays, declamă, recites, interprets, oversee, guide times in any way executes a literary or artistic, a show of any kind, including folk music, vaudeville, circus puppets times.


Article 96 Artist the performer shall have the following moral rights: a) the right to claim authorship in recognition of our own interpretations or executions;
  

b) claim that his name or pseudonym be shown at times every show and every time its registration;
  

c) right to respect for his or her benefit claim quality and to oppose any deformation, falsification or other substantial amendments to the interpretation or execution times of any infringement of his rights, which would gravely honor times its reputation;
  

d) repealed;
  

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Lit. d) art. 96 was repealed by article 57, point. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 97 (1) the rights referred to in art. 96 may not be subject to any renunciation or transfer.
  

(2) after the death to the performer, the exercise of the rights referred to in art. 96 is transmitted by inheritance, according to civil legislation, for an unlimited duration. If there are no heirs, the exercise of these rights is the responsibility of collecting body that administered to the performer's rights or, as the case may be, the body with the greatest number of members in the field.
  

— — — — — — — — — — — —-. (2) of article 9. 97 has been amended item 58 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 98 (1) Artist to the performer has the exclusive right to authorize the heritage or prohibit the following: a) the interpretation or fixation;
  

b) the reproduction or interpretation;
  

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Lit. b) of paragraph 2. (1) of article 1. 98 it was pct as amended by article 21. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

c) distributing interpretation or execution;
  

d) renting interpretation or execution;
  

e) loan of interpretation or execution;
  

f) importation into marketable domestically to interpretation or execution;
  

g) rebroadcasting and communication to the public of its interpretation or execution, unless that interpretation of the times was already fixed execution or thereafter;
  

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Lit. g) of paragraph 1. (1) of article 1. 98 it was pct as amended by article 21. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.
g ^ 1) in the case referred to in subparagraph (a). g) have the right to equitable remuneration only;
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Lit. g ^ 1) para. (1) of article 1. 98 was introduced by the pct, article 22. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

h) making available to the public its interpretation or execution, so that it can be accessed in any place and at a time individually chosen by the public;
  

I) relaying cable interpretation or execution.
  

(2) for the purposes of this law, shall be considered as fixture incorporating sounds, images or sounds and images or digital representation of support which allows charging of public communication, reproduction of their times, using a device.
  

— — — — — — — — — — — —-. (2) of article 9. 98 it was pct as amended by article 23. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) equitable Remuneration referred to in paragraph 1. (1) (a). g) shall be established and shall be collected in accordance with the procedure laid down in article 21. 131, 126, 131 ^ 1 ^ 2 and 133.
  

— — — — — — — — — — — —-. (3) art. 98 it was pct as amended by article 22. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(4) the definitions set out in article 11. 14, 14 ^ 1, ^ 2, 14, 14, 14 ^ 3 ^ 4, art. 15 para. (1), art. 15 ^ 1 ^ 2 and 15 shall be applied properly and the rights referred to in paragraph 1. (1).
  

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Alin. (4) article. 98 was introduced by the pct, article 23. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.
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Art. 98 was modified by item 59 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 99 (1) for the purposes of this law, the execution or the interpretation of a work is, where interpretations of individual executions forms a fold everything without being as possible, given the nature of interpretation or execution, to assign a distinct part as participants on all the artists interpretation or execution.
  

(2) in order to exercise exclusive rights concerning the authorisation referred to in article 1. 98, performers who participate collectively at the same interpretation times, such as members of a musical group, choir, an orchestra, a ballet or body of a theatrical troupes, Mexico must, in writing, a representative of them, with the consent of the majority of members.
  

(3) Are exempted from the provisions of paragraph 1. (2) the Director, the conductor and soloists.
  

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Art. 99 was modified by item 60 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 100 in the case of interpretations or executions carried out by an artist under an individual labour contract, the economic rights provided for in art. 98, which are submitted by the employer, must be expressly provided for in the contract of employment.
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Art. 100 was modified by item of article 61. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 101 In the absence of any provision to the contrary, the performer, who participated in the achievement of audio-visual works, audiovisual recordings or a sound recordings, shall be deemed the producer subsides in return for equitable remuneration, the exclusive right to use its benefit such fixed by reproduction, distribution, import, lease and loan.
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Art. 101 was modified by item 62 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 102 (1) the term of protection of economic rights of performers shall be 50 years from the date of interpretation or execution, with the following exceptions: a) if the fixing of execution, other than a phonogram shall be subject to publication of a legal or lawful communication to the public within this period, the rights shall expire 50 years from the first publication or of the first communication to the public Depending on which of these data is first;
  

b) where a fixation of the phonogram's execution is the subject of a legal publication or communication to the public for legal during this period, the rights shall expire 70 years after the first such publication or the first such communication to the public, whichever is the earliest of those dates.
  

— — — — — — — — — — — —-. (1) of article 1. 102 was amended by paragraph 2 of article 9. in accordance with law No. 53 of 24 March 2015, published in MONITORUL OFICIAL nr. 198 of 25 March 2015.

(2) the duration provided for in paragraph 1. (1) shall be calculated from the first day of January of the year following the event.
  

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Art. 102 was amended by paragraph 24 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 102 ^ 1


(1) where, 50 years after lawful publication of the phonogram or, in the absence of such publication, 50 years after its communication to the public of the phonogram producer does not provide copies of the phonogram for sale in a sufficient quantity or not put the phonogram available to the public, by wire or wireless means, in such a way that members of the public have access individually from place and time chosen his son, the performer may terminate the contract under which a producer of phonograms licensed the rights to its execution, attachment to the contract of assignment.
  

(2) the right of termination of the contract of assignment may be exercised provided that the producer within one year from the date of notification by the artist to the performer of its intention to terminate the contract of assignment pursuant to paragraph 1. (1), the two may not carry out operational activities referred to in paragraph 1. (1) and (3) the right of termination may be the subject of a renunciation on the part of to the performer.
  

(4) where are recorded on phonogram performances of several artists, performers, they can terminate the contracts of assignment in accordance with the applicable national legislation. If the contract of assignment shall terminate pursuant to this article, the rights of the producer of phonograms phonogram shall cease.
  

(5) where the contract provides for the right of assignment to the performer at a single remuneration, he shall be entitled to receive from the producer of phonograms a supplementary annual remuneration for each full year immediately following the year of the 50th year since the publication of the phonogram or, in the absence of such publication, the Hill 50lea year of communication to the public of its.
  

(6) the right to obtain an annual supplementary remuneration cannot be surrendered from the side to the performer.
  

(7) the total amount which the producer of phonograms must allocate additional annual remuneration for payment referred to in paragraph 1. (5) corresponds to 20% of the revenue that the producer of phonograms he has obtained in the course of the year preceding that for which the remuneration is paid, from the reproduction, distribution and making available of phonograms concerned, after the 50th year since the publication of the phonogram or, in the absence of such publication, after the 50th year after the communication to the public of its.
  

(5) phonogram producers shall provide, upon request, with performers who are entitled to the payment of additional remuneration on an annual basis with any information necessary to ensure the payment of such remuneration.
  

(9) the right to obtain an annual supplementary remuneration, as referred to in paragraph 1. (5), is managed by collecting societies.
  

(10) where a performer has the right to a remuneration paid gradually, any advance payments, no reductions laid down in the contract shall not be deducted from payments made by the artist after the 50th year since the publication of the phonogram or, in the absence of such publication, after the 50th year after the communication to the public of its legal.
  

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Art. 102 ^ 1 was introduced by point 3 of article 1. in accordance with law No. 53 of 24 March 2015, published in MONITORUL OFICIAL nr. 198 of 25 March 2015.


Chapter III rights of producers of sound recordings Article 103 (1) a sound recording or phonogram, for the purposes of this law, fixing of sounds coming from an interpretation or execution times of other sounds or digital representation of these sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work in Opera.
  

— — — — — — — — — — — —-. (1) of article 1. amended 103 of point 25 of the art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(2) the producer of sound recordings is the natural person or legal person who takes the initiative and assumes the responsibility of organizing and funding the completion of the first fixation of sounds, whether or not they constitute a work within the meaning of this law.
  

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Art. amended 103 of point 63 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 104 in the case of the reproduction and distribution of sound recordings, the manufacturer is entitled to enter on their racks, including book covers, boxes and other packing materials, in addition to the particulars relating to the author and the performer of the works titles, year of first publication, the trade mark and the name of the time the manufacturer's name.
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Art. 104 has been amended item 64 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 105 (1) under the conditions laid down in article 21. 92 para. (1) the producer of sound recordings shall have the right in its sole discretion to authorize heritage or prohibit the following: a) reproduction by any means and in any form has its own sound recordings;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 105 was amended by paragraph 24 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

b) distributing their own sound recordings;
  

c) renting their own sound recordings;
  

d) lending their own sound recordings;
  

e) importation, for marketing in the domestic market, has made its own legal children of sound recordings;
  

(f) the rebroadcasting and communication to the public) of their sound recordings, with the exception of those published for commercial purposes, in which case he shall be entitled to equitable remuneration only;
  

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Lit. f) of paragraph 2. (1) of article 1. 105 was amended by paragraph 24 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

g) making public their sound recordings, so that it can be accessed in any place and at a time individually chosen by the public;
  

h) cable broadcasts of their sound recordings.
  

(2) the definitions in article 1. 14, 14 ^ 1, ^ 2, 14, 14, 14 ^ 3 ^ 4, art. 15 para. (1), art. 15 ^ 1 ^ 2 and 15 shall apply, by analogy, and the rights specified in paragraph 2. (1) and (3) the producer of sound recordings shall have the right to prevent the importation of copies of their own sound recordings made without his authorization.
  

(4) the provisions of paragraphs 1 and 2. (1) (a). e) does not apply when the importation is made by a natural person without commercial purposes, legally permissible in personal luggage.
  

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Art. 105 was amended by point 65 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 106 (1) the term of protection of economic rights of producers of phonograms is 50 years from the date of the first fixation. However, if the phonogram within this period shall be subject to lawful publication or lawfully, the duration of copyright protection is 70 years from the date on which the first of these took place.
  

— — — — — — — — — — — —-. (1) of article 1. 106 was amended by paragraph 4 of art. in accordance with law No. 53 of 24 March 2015, published in MONITORUL OFICIAL nr. 198 of 25 March 2015.

(2) the duration provided for in paragraph 1. (1) shall be calculated from the first day of January of the year following the event.
  

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Art. 106 amended point 27 of article 4. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Chapter III rights of producers of ^ 1 audiovisual records — — — — — — — — — — — —-head. III ^ 1 of title II was introduced by the pct. of article 66. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 106 ^ 1 (1) shall be considered audiovisual recording or videograma, for the purposes of this law, any fixation of an audiovisual works or of sequences of moving images, whether or not the sound, whatever the method used for this support.
  

(2) a Producer of audiovisual recordings is the natural person or legal person who takes the initiative and assumes responsibility for the organisation and realisation of the first fixation of an audiovisual works or of sequences of moving images, whether or not the sound and, in this capacity, provide the necessary technical and financial means.
  

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Art. 106 ^ 1 was introduced by the pct. of article 66. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 106 ^ 2 in the case of the reproduction and distribution of their own audiovisual recordings, the manufacturer is entitled to enter on their racks, including book covers, boxes and other packing materials, the manufacturer's name, the name times in addition to the particulars relating to the author and the performer of the works titles, year of first publication, the trade mark and the name of the time the manufacturer's name.
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Art. 106 ^ 2 was introduced by the pct. of article 66. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 106 (1) ^ 3 a Producer of audiovisual recordings shall have the right in its sole discretion to authorize heritage or prohibit the following: a) reproduction by any means and in any form, of their audiovisual recordings;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 106 ^ 3 was amended by article 25 point. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(b) distribution of the original or) children's own audiovisual recordings;
  

c) renting their own audiovisual recordings;
  

d) audiovisual records own loan;
  

e) importation, for marketing in the domestic market, own audiovisual recordings;
  

(f) the rebroadcasting and communication to the public) of their audiovisual recordings;
  

g) making public their audiovisual recordings, so that it can be accessed in any place and at a time individually chosen by the public;
  

h) cable broadcasts of their audiovisual recordings.
  

(2) the definitions in article 1. 14, 14 ^ 1, ^ 2, 14, 14, 14 ^ 3 ^ 4, 15 paragraphs 1 and 2. (1), art. 15 ^ 1 ^ 2 and 15 shall apply, by analogy, and the rights specified in paragraph 2. (1).
  

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Art. 106 ^ 3 was introduced by the pct. of article 66. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 106 (1) ^ 4 duration of economic rights of producers of audiovisual recordings shall be 50 years from the date of first fixation. However, if the registration within that period shall be subject to publication or of a public communication is lawful, the duration of the rights of 50 years from the date on which it took place for the first time either of them.
  

(2) the duration provided for in paragraph 1. (1) shall be calculated from the first day of January of the year following the event.
  

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Art. 106 ^ 4 has been modified by PT 28 art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Chapter IV provisions common to authors, performers and producers of sound recordings and audiovisual work article 106 ^ 5 (1) For direct or indirect use of phonograms published for commercial purposes or reproductions thereof by broadcasting or through any means of communication to the public, performers and producers of phonograms have the right to a fair remuneration to the sole.
  

(2) the amount of this remuneration shall be established by the procedure methodology. 131, 131 and 132 ^ 1 ^ 2.
  

(3) Collecting remuneration shall be effected under the conditions of the single. 133. (4) collecting societies shall use the beneficiary by means of a protocol, which shall be submitted to the Romanian Office for copyright, the apportionment of remuneration between the two categories of beneficiaries. If the beneficiaries do not submit my Protocol at the Romanian Office for copyright, within 30 days after the date of entry into force of the methodologies, the remuneration shall be divided equally between the two categories of beneficiaries.
  

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Art. 106 ^ 5 was introduced by the pct. of article 67. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 106 distribution Right ^ 6 runs in parallel with the first sale or transfer of the right of ownership of the original or of children a sound recordings or audiovisual works in the internal market, by the rights holder or with his consent.
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Art. 106 ^ 6 was introduced by the pct. of article 67. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 107 (1) Authors of works likely to be replicated through sound recordings or audiovisual works on any type of support, as well as those of works likely to be reproduced on paper, directly indirectly, according to the times. 34 para. (1), shall have the right, along with the publishers, producers and performers with, where appropriate, to a compensatory remuneration for private copying in accordance with art. 34 para. (2) entitlement to compensatory remuneration. private copying may not be the subject of a renunciation on the part of beneficiaries.
  

(2) the compensatory Remuneration for private copying shall be paid by the manufacturers and/or importers of devices and media. 34 para. (2) whether the process used is one analogue or digital.
  

(3) the importers and manufacturers of appliances, as referred to in art. 34 para. (2) are required to register at the Romanian Office for copyright, the national register of Private Copy, and can take over the activities of their respective import or production only upon obtaining from the Romanian Office for copyright registration certificate. This certificate shall be issued by the Romanian Office for copyright, on the evidence relating to the activity legally declared and Registration Certificate from the commercial register within 5 days of their submission.
  

(4) the list of apparatus and media for which compensatory remuneration shall be due to private copying, as well as the amount of this remuneration shall be negotiated every three years if one of the parties so requires, within the committees made up of: a) one representative of the major collecting societies, which works for one category of rights, on the one hand;
  

b) one representative of associative structures mandated major manufacturers and importers of carriers and devices, called these associative structures, and one representative of the first 3 major manufacturers and importers of carriers and equipment established on the basis of turnover and market share in the field, provided that they are declared for that purpose at the Romanian Office for copyright statutory on the other hand.
  

(5) for the purpose of initiating negotiations according to the procedures laid down in article 21. 131 paragraph 2. (2) to (4), collecting societies or associative structures of manufacturers and importers of carriers and devices will be submitted to the Romanian Office for copyright a request containing the list of supports and apparatus, application which will be published in the Official Gazette of Romania, part I, by decision of the Director general of the Romanian Office for copyright, as well as the amounts of the remuneration to be negotiated. The list shall be drawn up separately for devices and blank media in the field of sound and audiovisual equipment and blank media in the field of graphic and negotiated in the Second Committee.
  

(6) the Remuneration shall be calculated as a percentage from the customs value, in the case of importers, and, accordingly, the amount of VAT, on the occasion of circulation of products by manufacturers, and is payable in the month following the date of their importation or billing.
  

(7) Remuneration negotiated by parties and are due to the percentage for equipment and blank media. 34 para. (2) including sheets of A4 paper for photocopying and digital media.
  

(8) the compensatory Remuneration for private copying represents a percentage share of the amount specified in paragraph 1. (6) as follows: a) sheets of paper for photocopying, A4:0,1%;
  

(b)) other: 3%;
  

c) for: than 0.5%.
  

(9) apparatus for establishing the list and media for which compensatory remuneration shall be due to be convened by the Romanian Office for copyright, within 15 days after publication in the Official Gazette of Romania, part I, of the request for negotiation, and is conducted according to the procedures laid down in article 21. 134 ^ 2.
  

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Art. 107 amended point 26 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 107 ^ 1 compensatory Remuneration for private copying shall be collected by a single management body collector for the works reproduced after sound recordings and audiovisual and by another body discharge manifold for works reproduced on paper, under the conditions laid down in article 21. 133 paragraph 2. (6) to (8). The two collecting societies, with the sole collector, are designated by obtaining the majority vote collecting bodies, at the first convocation, or by obtaining the largest number of votes in a second convocation, regardless of the number of those present. Collecting societies shall be designated by the Romanian Office for copyright report process through which they were designated. Within 5 working days after the date of deposit, the Romanian Office for copyright will be called unique collector by decision of the Director-general, which shall be published in the Official Gazette of Romania, part I. — — — — — — — — — — — —- 107 ^ 1 has been changed from point 27 of article 4. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 107 ^ 2 (1) compensatory Remuneration for private copying levied for collecting unique collectors shall be distributed to the beneficiaries, thus: a) If media and apparatus for children recorded sound, through analog process, 40% of remuneration, in parts, the authors and publishers of works registered, 30% returns the performers, and the remaining 30% returns to producers of sound recordings;
  

b) in the case of media and audiovisual apparatus for children registered through analog process, remuneration shall be divided equally among the following categories: authors, artists, performers and producers;
  

c) repealed;
  

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Lit. c) of paragraph 2. (1) of article 1. 107 ^ 2 was deleted from the point 28 of article 7. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


d) in the case of children registered through digital technique, on any type of support, the remuneration shall be divided equally among the beneficiaries of the corresponding to each of the three categories referred to. a), b) and (c)), and within each category, as laid down in points.
  

(1 ^ 1) In the case of children, through analog process, on paper, the remuneration shall be divided equally between authors and publishers. Amounts due Publisher shall be distributed only through their associations of publishers, based on a protocol signed between them, containing criteria for allocation and appropriate percentages of each association. Participate in the negotiation of the protocol distribution only associations of publishers that meet the conditions laid down in the decision of the Director general of the Romanian Office for copyright.
— — — — — — — — — — — —-. (1 ^ 1), art. 107 ^ 2 was introduced by the pct, article 29. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) Repealed.
  

— — — — — — — — — — — —-. (2) of article 9. 107 ^ 2 was repealed by article item 32. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.
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Art. 107 ^ 2 was introduced by the pct. of article 69. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 108 compensatory Remuneration for private copying shall not be payable where the holders of digital audio, video, or unregistered, imported or manufactured in the country, is sold wholesale to producers of sound recordings and audiovisual works or by broadcasting organizations for their own television shows.
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Art. 108 was amended item 70 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 109 Repealed.
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Art. 109 was repealed by article item 71. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 110 article 107 does not apply to the importation of devices that allow carriers and making babies, performed a non-commercial, lawful in personal luggage admitted.
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Art. 110 was amended by 72 point of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 111 Repealed.
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Art. 111 was repealed by article item 73. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 111 ^ 1 (1) where an author or a performer has transferred or relinquished its right of lease or loan, in respect of a phonogram or a videograma, a producer of phonograms or audiovisual recordings, it retains the right to obtain an equitable remuneration.
  

(2) the right to obtain an equitable remuneration for rental cannot be surrendered from the authors or performing artists times performers as beneficiaries.
  

(3) authors and performers will receive remuneration due either directly from producers, according to the contracts concluded with them, either from users, only by collecting societies, in accordance with the contracts between producers and recipients of the remuneration.
  

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Art. the 111 ^ 1 was introduced by the pct. of article 74. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 112 provisions concerning limits on the exercise of the rights referred to in art. 33-38 is applied properly and holders of rights related to copyright.
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Art. 112 amended item 33 of art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 112 ^ 1 where rightholders shall be entitled, by operation of law, of remuneration, they may not oppose the uses that it generates.
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Art. 112 ^ 1 was introduced by the pct. of article 76. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 112 (1) ^ 2 is considered orphaned Opera or Opera that phonogram referred to in art. 7, 8 and article. 103 para. (1) where any of the copyright over the work or phonogram is not identified or, even if one or more of the holders are identified, none is located, despite carrying out a diligent searches and registration of copyright holders.
  

(2) the Charter applies to the Opera the following orphaned categories of works and Phonograms that are protected by copyrights and that were published for the first time in a Member State or, in the absence of such publication, who was running for the first time in a Member State: a) works in the form of books, journals, newspapers, magazines or other writings that are found in the collections of libraries , educational institutions or museums accessible to the public, as well as in archives or collections of cinema heritage or institutions;
  

b) cinematographic, audiovisual works and Phonograms that are in the collections of libraries, educational institutions or museums accessible to the public, as well as in archives or collections of cinema heritage or institutions;
  

c) film and audiovisual works and Phonograms produced by public radio and television until 31 December 2002 and their archives;
  

d) works and Phonograms referred. the-c)), which have never been published or aired, but were released to the public by the institutions referred to in article 1. 112 ^ 3 para. (1) with the consent of the copyright holders, but if it is reasonable to assume that copyright holders would not oppose the uses referred to in article 1. 112 ^ 3;
  

e) works and other subject-matter that are integrated or incorporated in the works of the time referred to phonograms. a)-d) or which forms part of the works or phonograms concerned.
  

(3) where the owner of the copyright is identified at a later date, the times located the phonogram concerned or terminate their orphaned status of Opera.
  

(4) where a work or a phonogram has several copyright holders and not all are identified or, even if they are identified, there are located after a diligent searches and are not registered in accordance with the provisions of art. 112 ^ 5, or phonogram may be used in accordance with the provisions of art. 14 and 15, provided that those rights holders who have been identified and authorized to be locate in relation to the rights they own, the institutions referred to in article 1. 112 ^ 3 para. (1) carry out reproduction and to make available to the public.
  

(5) the provisions of paragraphs 1 and 2. (1) without prejudice to the rights of a work or phonogram, whose holders were identified and located.
  

(6) the provisions concerning orphan works does not apply in respect of anonymous or pseudonymous.
  

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Art. 112 ^ 2 was introduced by section 1 of article. in accordance with law No. 210 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Article 112 ^ 3 (1) the use of orphan works or phonograms by libraries, educational institutions and museums open to the public, as well as the archives of the institutions of the cinematographic heritage or fonografic and by the public bodies of broadcasting and television, to achieve objectives related to their missions of public interest can be achieved by: a) release to the public within the meaning of art. 15;
  

b) reproduction, within the meaning of art. 14, for the purpose of digitizing, indexing, implementation, cataloging backup, restoration or conservation.
  

(2) the institutions referred to in paragraph 1. (1) a work may be used only for the purposes of orphaned objectives related to their missions of public interest, in particular the preservation of works and Phonograms that are in their collections, restoration and providing access to cultural and educational purposes. These bodies may get income from the use of orphan works for the sole purpose of covering the costs of digitizing and putting them to the public.
  

(3) the institutions referred to in paragraph 1. (1) are required to identify the name of the authors and other holders of copyright in all uses of an orphan works.
  

(4) the provisions of this law shall not affect the contractual freedom of the institutions referred to in paragraph 1. (1) in respect of the exercise of their tasks in the public interest, in particular in relation to the public-private partnership.
  

(5) holders of copyright which puts an end to the status of an orphan works or Opera of their phonograms shall receive fair compensation for the use by the institutions referred to in paragraph 1. (1) of these works or phonograms, in accordance with the law.
  

(6) the equitable Compensation, pursuant to paragraph 4. (5), shall be determined according to the number of copies/prints made after work or phonogram.
  

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Art. 112 ^ 3 was introduced by section 1 of article. in accordance with law No. 210 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Article 112 ^ 4


(1) in order to determine the status of an orphan, Opera institutions referred to in article 1. 112 ^ 3 para. (1) ensure that for each individual or phonogram Opera to perform a diligent search and in good faith, by consulting appropriate sources for each category of works or phonograms concerned.
  

(2) searching for diligent shall be made mandatory before use of a work or phonogram.
  

(3) If there are clues that you might find relevant information regarding the copyright holders in other countries, consult also sources of information available in the respective countries.
  

(4) the sources listed in paragraph 1. (1) will be established by decision of the Director general of the Romanian Office for copyright, published in the Official Gazette of Romania, part I, in consultation with the copyright holders and users, for each category of works or phonograms.
  

(5) in the case of books published, sources include the following: a) legal deposit libraries, catalogues, authority files held by libraries and other institutions;
  

(b) associations of publishers and authors) of the country concerned;
  

c) databases and registers the existing WATCH (Writers and their Copyright Holders United Artists — writers, artists and copyright holders thereof), ISBN (International Standard Book Number-international standard book number) and databases with printed books;
  

d) databases of the relevant collective management bodies, in particular the representative bodies of reproductive rights;
  

e) sources that integrate databases and registers, including the VIAF (Virtual International Authority Files-Folders Virtual International Authority) and ARROW (Accesible Registries of Rights Information and Orphan Works-accessible registers of information concerning 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 number of the international standard for serial publications) for serial publications;
  

b) indexes and catalogues of libraries and collections belonging to the funds;
  

c) legal deposit;
  

d) associations of publishers, authors and journalists in that country;
  

e) databases of relevant management bodies, including bodies representing the rights of reproduction.
  

(7) in the case of Visual works, namely those in categories arts, photography, artwork, design and architecture, as well as in the case of the sketches of these operas and other such works appearing in books, journals, newspapers and magazines, or in the case of other works, sources include the following: a) the sources listed in paragraph 1. (5) and (6);
  

b) databases of the relevant collective management bodies, in particular in the case of Visual Arts, including representative bodies of reproductive rights;
  

c) databases of agencies, where applicable.
  

(8) in the case of audiovisual works and phonograms, the sources include the following: a) legal deposit;
  

b) associations of producers in the country concerned;
  

c) databases of cinematographic heritage institutions or, where appropriate, sound and national libraries;
  

d) databases with the relevant standards and identifiers, such as ISAN (International Standard Audiovisual Number International Standard Number for audio-visual works) for audiovisual material, ISWC (International Standard Music number Work-international standard Code for musical works) for musical works and the ISRC (International Standard Recording Code-international standard for record number) for phonograms;
  

e) databases of the relevant collective management bodies, particularly in the case of authors, performers, producers of Phonograms and producers in the audiovisual field;
  

f) entitled other information appearing on the packaging of works;
  

g) database of relevant associations that represent a specific category of rightholders.
  

diligent Search (9) shall be carried out in the Member State in which the work was first published or, in the absence of publication, in the Member State in which the work was first broadcast performance, with the exception of cinematographic or audiovisual works whose producer has its headquarters or habitual residence in a Member State, in which case the diligent search is carried out in the Member State in which the producer has its headquarters or habitual residence. In this case, the search is performed within the State of diligent member agency which has made available to the public the work or phonogram, with the consent of the copyright holder.
  

(10) the institutions referred to in article 1. 112 ^ 3 para. (1) keep track of their diligent search and provides the following information to the competent national authority, namely the Romanian Office for copyright: a diligent search results) that you have made and who have led me to conclude that a work or a phonogram is considered orphaned Opera;
  

b) use orphan works;
  

c) any change in the status of Opera orphaned;
  

d) contact details.
  

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Art. 112 ^ 4 was introduced by section 1 of article. in accordance with law No. 210 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Article 112 ^ 5 Romanian Office for copyright shall take the measures necessary to ensure that the information referred to in article 1. 112 ^. (10), received from the institutions referred to in article 1. 112 ^ 3 para. (1) to be disclosed to the Office for harmonization in the internal market, in order to be registered in the online database, accessible to the public, created and administered by it, in accordance with the provisions of Regulation (EU) No. 386/2010 of the European Parliament and of the Council of 19 April 2012 concerning the award of the Office for harmonization in the internal market (trade marks and designs) of tasks related to the enforcement of intellectual property rights, including bringing together the public and private sector representatives within the European Monitoring Centre on intellectual property rights violations.
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Art. 112 ^ 5 was introduced by section 1 of article. in accordance with law No. 210 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Article 112 ^ 6 (1) where a work or a phonogram is considered orphaned Opera in another Member State of the European Union, in accordance with art. 112 ^ 2, then it is considered orphaned and the Romanian territory and may be used and accessed in accordance with the present law.
  

(2) this provision shall also apply to works and Phonograms; 112 ^ 2 (2). (4) in so far as it is about the rights of holders of copyrights, unidentified or nelocalizaţi.
  

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Art. 112 ^ 6 was introduced by section 1 of article. in accordance with law No. 210 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Article 112 ^ 7 Any provision of this Act, with regard to orphan works, shall not prejudice the provisions relating to patents, trademarks, industrial designs, utility models, topography of semi-conductor products, typefaces, conditional access, access to broadcasting services to cable transmission, protection of national treasures, legal requirements for warehouses, restrictive practices and unfair competition, trade secrets, security, confidentiality, data protection and privacy compliance access to public documents, the law of contract, freedom of the press and freedom of expression in mass media.
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Art. 112 ^ 7 was introduced by section 1 of article. in accordance with law No. 210 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Article 112 ^ 8 the copyright owner of a work or phonogram that are considered to be orphaned Opera has, at any time, the possibility of ending the status of Opera orphaned.
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Art. 112 ^ 8 was introduced by section 1 of article. in accordance with law No. 210 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.


Chapter V broadcasting organizations and television section I rights of broadcasting organizations and television broadcasting organizations Article 113 and television entitled heritage exclusive to authorize or prohibit, with the obligation for the authorized to mention the name of the following bodies: a) the fixing of their own shows and content services to broadcasting or television;
  

b) reproduction by any means and in any form, of their broadcasts and radio programs or tv fixed on any kind of support, regardless of whether they have been transmitted by wire or over the air, including by cable or satellite;
  

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Lit. b) art. amended 113 of point 30 of article 1. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

c) distributing their own shows and broadcasting services or television fixed on any kind of support;
  

d) importation, for marketing on the domestic market of its own shows and broadcasting services or television fixed on any kind of support;
  


e) relaying or reissue their own shows and broadcasting services or television through wireless means, by wire, by cable, by satellite or by any other similar procedure, as well as by any other mode of communication to the public, including broadcasts on the Internet;
  

f) communication to the public of their broadcasts and radio programs or tv in places accessible to the public, on payment of entry;
  

g) hire their own shows and broadcasting services or television, fixed on any type of support;
  

h) loan for its own shows and broadcasting services or television fixed on any kind of support;
  

I) the making available to the public of their broadcasts and radio programs or tv fixed on any kind of support, regardless of whether they were issued by wire or over the air, including by cable or satellite, so that it can be accessed at any place and at a time individually chosen by the public.
  

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Art. 113 amended item 77 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 113 ^ 1 (1) for the purposes of identification, Through this law, means the simultaneous issuance by a broadcasting organization, the program of another broadcasting organization.
  

(2) the definitions in article 1. 14, 14 ^ 1, ^ 2, 14, 14, 14 ^ 3 ^ 4, 15 paragraphs 1 and 2. (1) 15 ^ 1, art. 15 ^ 2 and 98 para. (2) shall apply, mutatis mutandis, and the rights provided for in articles. 113. — — — — — — — — — — — —- 113 ^ 1 was introduced by the pct. of article 78. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 113 ^ 2 (1) broadcasting organizations shall have the right and sole discretion to prevent the importation of copies of their own programs of broadcasting or television, made without the authorization of their fixed on any type of support.
  

(2) the provisions of article 4. 113 lit. d) does not apply when the importation is made by an individual, non-commercial, lawful in personal luggage admitted.
  

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Art. 113 ^ 2 was introduced by the pct. of article 78. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 114 the duration of the rights provided for in this chapter shall be 50 years, starting on 1 January of the year following the year in which the Broadcasting took place the first issue or service of the broadcaster's programmes of the tv times.
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Art. 114 was amended item 79 of art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 115 the distribution Law of a program of broadcasting times, fixed on any kind of support, is exhausted once the first sale or transfer of the right of ownership of the original or of copies thereof, within the internal market, by the rights holder or with his consent.
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Art. 115 was amended item 80 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 116 the provisions contained in art. 33, 34 and 37 shall apply, by analogy, and of broadcasting organizations.
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Art. 116 was amended item 81 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Section II satellite communication to the public Article 117 (1) broadcasting organizations, which have as their object communication satellite programmes, we must conduct business in compliance with copyright and related rights protected by this law.
  

(2) for the purposes of this law, by communication to the public by satellite means the introduction, under the control and responsibility of the broadcasting organization, or a television set in Romania, the programme-carrying signals intended for collection by the public into an uninterrupted chain of communication leading to the satellite and back to Earth.
  

(3) for the purposes of this law, satellite means any satellite operating on frequency bands reserved under the law relating to telecommunications, broadcasting for the purpose of receiving signals by the public or for private individual communication. In this latter case, it is still necessary that individual reception may be made under conditions comparable to those in the first case.
  

— — — — — — — — — — — —-. (3) art. 117 was introduced by the pct, article 35. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 118 (1) where the signals of broadcast services or programs are running in an encoded form, placing them in the chain of communication is deemed to be public communication if the decoding the broadcast is made available to the public by or with the consent of the body concerned.
  

— — — — — — — — — — — —-. (1) of article 1. 118 was modified point 31 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) the responsibility of the communication to the public, where the programme-carrying signals are transmitted to a body set apart Romania or in a State which is not a member of the European Union and which does not provide the level of protection provided for in this law, is as follows: a) if signals are transmitted via a satellite stations linking upward, responsibility of the person who located on Romanian territory or in a Member State of the European Union , use the stop;
  

b) If you use an upward link, but the communication to the public has been authorized by a body with its head office in Romania or in the territory of a Member State of the European Union, the responsibility lies with the body that authorized it.
  

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Art. 118 was modified by item 36 of article 1. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 119 (1) holders of copyright may assign their rights to communication to the public by satellite of a broadcasting organization, only through a contract or through a collective management body, or individually.
  

— — — — — — — — — — — —-. (1) of article 1. 119 was amended by point 83 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) the framework Contract concluded between a collective management organisation and a broadcasting organization, for communication to the public by satellite of a category of works belonging to a particular area, they can produce extensive effects and rightholders who are not represented by collecting societies, if this communication to the public by satellite occurs simultaneously with the terrestrial rebroadcasting of transactions carried out by the same body transmitter. Rights holder unrepresented can at any time remove the extensive effects of the production contract, through a contract singly or collectively.
  

— — — — — — — — — — — —-. (2) of article 9. 119 was amended by point 37 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(3) the provisions of paragraphs 1 and 2. (2) does not apply to audiovisual works.
  


Section III-120 cable Broadcasts Article Repealed.
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Art. 120 was repealed by article item 84. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 121 (1) holders of copyright or related rights can exercise their rights to authorise or prohibit cable retransmission only through a collective management body.
  

— — — — — — — — — — — —-. (1) of article 1. 121 amended item 38 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.
— — — — — — — — — — — —-. (2) of article 9. 121 ceased legal effect according to the DECISION of the CONSTITUTIONAL COURT No. April 29, 2010 571, published in MONITORUL OFICIAL nr. 430 of 28 June 2010.

(3) if the parties cannot establish methodologies through negotiation before initiating arbitration under article. 134 ^ 2 para. (3) they may agree to have recourse to a mediation procedure. This mediation is carried out by one or several mediators chosen by the parties in such a way that their independence and impartiality cannot be questioned. Mediators have the task to help the negotiations and may notify the parties ' proposal.
  

— — — — — — — — — — — —-. (3) art. 121 amended item 38 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(4) within 3 months from the presentation of the proposal by the mediators, mediators and parties to notify the Romanian Office for copyright proposal rejection or acceptance of it by signing the Protocol on methodologies. The notification of the proposal, as well as to acceptance or rejection thereof shall be made in accordance with the rules applicable to the notification of legal acts. Acceptance by all parties is presumed where none of them notified rejection the proposal within that period.
  

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Paragraphs 1 and 2. (4) article. 121 amended item 38 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(5) if some rights have not entrusted the management of their rights to a collective management body, the body which manages rights of the same category is thought of as being and their rights Manager. If there are in the same area several collecting societies, rights holder may choose between them. The claiming of rights by these holders can be made within 3 years from the date of notification.
  

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Art. 121 amended item 85 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


^ Article 121 (1) the provisions of art. 121 paragraph 2. (1) does not apply to the rights exercised by broadcasting organizations or to their own television shows and programs, regardless of whether the rights belong to the times they have been transferred to other holders of copyright or related rights. In this case, the exercise of the right of cable retransmission by a broadcasting organization is done through television contracts with cable distributors, except where it merely retransmits by cable the obligatory by law.
  

(2) Repealed.
  

— — — — — — — — — — — —-. (2) of article 9. 121 ^ 1 was repealed by article item 39. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.
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Art. 121 ^ 1 was introduced by the pct. of article 86. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 122 Repealed.
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Art. 122 was repealed by article item 87. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Chapter VI Rights sui-generis databases of manufacturers — — — — — — — — — — — —-head. Vi of title II was introduced by the pct. of article 88. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 122 ^ 1 (1) the provisions of this chapter relating to the legal protection of databases in any form.
  

(2) for the purposes of this Act, through the database ' shall mean a collection of works, data or other independent elements, or not protected by copyright or related right, arranged in a methodical and systematic way times individually accessible by electronic means or otherwise.
  

(3) protection under this chapter shall not apply to computer programs used in the making or operation of databases accessible by electronic means.
  

(4) for the purposes of this law, the manufacturer of a database is the person or entity making a substantial investment in quantitative and qualitative research with a view to obtaining, verifying or presenting the contents of a database.
  

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Art. 122 ^ 1 was introduced by the pct. of article 88. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 122 ^ 2 (1) the manufacturer of a database has the exclusive right to authorize the heritage and to prevent extraction and/or reuse of all or a substantial part, evaluated qualitatively and/or quantitatively.
  

(2) for the purposes of this law: the extraction): permanent or temporary transfer of all or part, evaluated qualitatively and/or quantitatively, of the contents of the substantial database to another medium by any means or in any form;
  

b) Re-use: any form of release to the public all or a substantial part of the contents of the database, evaluated qualitatively or quantitatively, by the distribution of copies, by renting, or in other forms, including by making public the contents, so that anyone can have access to it in place and at the time individually chosen. The first domestic sale of a copy of the database by the rightholder sui-generis or with his consent shall exhaust the right to control resale of that copy.
  

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Lit. b) of paragraph 2. (2) of article 9. 122 ^ 2 has been amended item 33 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) public lending of a database is not an act of extraction or re-utilization.
  

(4) the right provided for in paragraph 1. (1) apply independently of the possibility of protecting the database or its contents through copyright or other rights. Protection of databases under paragraph. (1) is without prejudice to rights existing in respect of their content.
  

(5) it is not permitted the retrieval or re-use, repeated and systematic, insubstantial parts of the contents of the Database implying acts which if this contrary to normal use of this database or would cause undue harm the legitimate interests of the manufacturer of the database.
  

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Art. 125 ^ 2 was introduced by the pct. of article 88. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 122 ^ 3 (1) the manufacturer of a database which is made available to the public by any means, shall not prevent the legitimate use thereof by extraction or re-utilization of insubstantial parts of the contents or for any other purposes whatsoever. Where the lawful user is authorized to extract or re-utilize only part of the database, this paragraph shall apply to this part.
  

— — — — — — — — — — — —-. (1) of article 1. 122 ^ 3 was amended by point 33 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) a lawful user of a database which is made available to the public in any way, may not perform acts which conflict with the normal use of that database or which unreasonably prejudice the legitimate interests of the manufacturer of the database.
  

— — — — — — — — — — — —-. (2) of article 9. 122 ^ 3 was amended by point 33 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) the lawful user of a database which is made available to the public in any way, may not affect the holders of copyright or related works that relate to the benefits contained in this database.
  

— — — — — — — — — — — —-. (3) art. 122 ^ 3 was amended by point 33 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(4) the lawful user of a database which is made available to the public by any means, may, without the authorization of the manufacturer database, extract or re-utilize a substantial part of its contents: a) where extraction is done for purposes of private use of the contents of a non-electronic database;
  

b) where extraction is done in order to be used for teaching or scientific research, provided the source is indicated and to the extent justified by the non-commercial purpose to be achieved;
  

c) where an extraction or re-utilization aimed at defence of public order and national security or in the context of administrative or judicial proceedings.
  

— — — — — — — — — — — —-. (4) article. 122 ^ 3 was amended by point 33 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(5) a lawful user of a database or of a part of a database can be made without the consent of the author thereof, any reproduction, distribution, public communication or transformation, normal use and access to the database or a part of it.
  

— — — — — — — — — — — —-. (5) article. 122 ^ 3 has been amended item 34 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.
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Art. 122 ^ 3 was introduced by the pct. of article 88. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 122 (1) ^ 4 manufacturer's database Rights take birth together with the completion of the database. The term of protection is 15 years, with effect from 1 January of the year next following the completion of the database.
  

(2) where the database has been made available to the public in any manner before expiry of the period referred to in paragraph 1. (1) the term of protection shall be calculated from the first day of January of the year next following that in which the database has been made available to the public for the first time.
  

(3) any substantial change, evaluated qualitatively or quantitatively, of the contents of a database, consisting, in particular, in additions, deletions or changes of successive and it can be considered that it has carried out a substantial new investment, evaluated qualitatively or quantitatively, shall qualify the term of protection for its own database resulting from this investment.
  

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Art. 122 ^ 4 was introduced by the pct. of article 88. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Title III Management and protection of copyright and related rights chapter I management of the economic rights of copyright and related rights section I General provisions Article 123


(1) holders of copyright and related rights may exercise their rights recognized by this law or individually, on the basis of the mandate through collecting societies, under the present law.
  

(2) collective management of copyright may be made only for works previously known to the public which have been made, and the collective management of related rights can only be made for interpretations or executions laid down times previously, and spreading for phonograms videograms times brought to the attention of the public at an earlier time.
  

(3) holders of copyright or related rights may not assign economic rights recognized by this law by collecting societies.
  

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Art. 123 was amended item 89 art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


^ Article 123 (1) collective management is mandatory for the exercise of the following rights: the right to compensatory remuneration) private copying;
  

b) the right to equitable remuneration for public lending; 14 ^ 4 para. (2);
  

c) the resale right;
  

d) broadcasting of musical works;
  

(e) the right of communication to the public) of musical works, with the exception of the cinematographic projection;
  

f) the right to equitable remuneration acknowledged performing artists and phonogram producers for phonograms and broadcasting communication to the public or trade of their reproductions;
  

g) right of cable retransmission.
  

h) the right to equitable compensation for orphan works.
  

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Lit. h) of paragraph 1. (1) of article 1. 123 ^ 1 has been introduced by section 2 of art. in accordance with law No. 210 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.

(2) For catogoriile of rights referred to in paragraph 1. (1) collecting societies represent rights holders and on which they have not granted mandate.
  

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Art. 123 ^ 1 was introduced by article item 90. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 123 (1) ^ 2 can be managed collectively, the following rights: the right of reproduction) works on phonograms or videograms musical;
  

(b) the right of communication to the public) of the works, with the exception of musical works, and audiovisual artistic benefits;
  

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Lit. b) of paragraph 2. (1) of article 1. 123 ^ 2 has been amended, article, item 35. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

c) loan, except as provided for in article 10. 123 ^. (1) (a). b);
  

d) broadcasting of works and artistic benefits in the audiovisual field;
  

e) the right to equitable remuneration resulting from the assignment of the right of rental; 111 ^. (1);
  

f) the right to equitable remuneration acknowledged performing artists and phonogram producers for phonograms for broadcasting and public communication published for commercial purposes or reproductions thereof.
  

— — — — — — — — — — — —-. (1) of article 1. 123 ^ 2 has been modified by the point of article 41. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(2) for the categories of rights referred to in paragraph 1. (1) collecting societies representing only on owners of rights they have granted a mandate and methodology, within the limits of the list manageable, provided the conditions laid down in article 21. 130 paragraph 1. (1) (a). It has), or negotiate directly with users license agreements. Collecting societies will allow, at the request of users, consultation at the headquarters of organizations to manage, works as an interpreter of those used by the applicant, in the manner laid down in article 21. 126 in paragraph 1. (2), and the list of the holders of copyright and related rights, Romanian and foreign, whom he represents. This work by collecting societies shall be under the supervision and control of the Romanian Office for copyright, as guarantor of the application of the law.
  

— — — — — — — — — — — —-. (2) of article 9. 123 ^ 2 has been modified by the point of article 41. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(3) collecting societies shall authorize, upon request, use of works of intellectual creation, only on the basis of documents certifying the existence of the mandate-holders of copyright or related rights, except in cases of compulsory collective management.
  

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Art. 123 ^ 2 was introduced by item 90 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


^ Article 123 3 Rights recognized in this chapter, except as provided in article 13. 123 123 ^ ^ 1 and 2 can be handled through the collecting bodies, only within the limits of the mandate holders of special rights.
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Art. 123 ^ 3 was introduced by item 90 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 123 ^ 4 In individual negotiations concerning the rights recognized by this law, the existence of collective management bodies shall not prevent holders of copyright and related rights to address some intermediaries, natural persons or legal entities, to be represented.
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Art. 123 ^ 4 was introduced by item 90 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Section II-of the collecting societies of copyright and related rights Article 124 Bodies of collective management of copyright and related rights, hereinafter referred to as the law on collecting societies, are, for the purposes of this law, legal persons established by the freedom of Association, which have as their object of activity, mainly the collection and distribution of the rights whose management is entrusted to them by the holders.


Article 125 (1) collecting societies referred to in this chapter shall be formed according to the law, the opinion of the Romanian Office for copyright, and operates according to the regulations governing associations without patrimonial purpose and according to the provisions of this law.
  

— — — — — — — — — — — —-. (1) of article 1. 125 has been modified by item 91 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) these bodies are created directly by the holders of copyright or related rights, physical or legal persons, and acting within the limits of its mandate and on the basis of statutes adopted after the procedure prescribed by law.
  

— — — — — — — — — — — —-. (2) of article 9. 125 has been modified by item 91 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(3) collecting societies can be created separately for the management of separate categories of rights, respect of different fields of creation, as well as for the management of rights belonging to separate categories of retired persons.
  


Article 125 ^ 1 collecting societies shall be required to communicate to the public, through the mass media, the following information: a) the categories of rights holders that they represent;
  

b) economic rights which it manages;
  

c) categories of users and categories of natural persons and legal entities that have obligations for the payment of compensatory remuneration for private copying by rightholders;
  

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Lit. c) art. 125 ^ 1 has been amended, article, item 36. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

d) regulatory acts under which they operate and collect the remuneration due rights holders;
  

e) the arrangements for collecting and persons responsible for this activity, locally and centrally;
  

f) work programme.
  

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Art. 125 ^ 1 was introduced by the pct. of article 92. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 126 (1) the notice referred to in article 1. 125 para. (1) grant the collecting bodies headquartered Romania which: (a) to be set up) or works according to the legal regulations on the date of entry into force of the present law;
  

b) submitted to the Romanian Office for copyright's repertoire of works, performances and phonograms, executions and videograms, belonging to their members and which are, as well as contracts for the management of related rights, with foreign bodies;
  

c) have adopted a statute which satisfies the conditions laid down in this law;
  

d) have economic capacity of collective and human and material resources necessary for managing the repertoire throughout the country;
  

e) allow, in accordance with the procedures expressly provided in its own terms of reference, access to any holders of copyright or related rights in the field for which you set up and they wish to entrust a mandate.
  

(2) the Repertory mentioned in paragraph 1. (1) (a). b) shall be filed in the database, protected by law, in written format and determined by decision of the Director general, and shall contain at least the name of the author, the name of the holder of the rights, title of the work, the means of performing artists and performers, phonograms or videograms of.
  

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Paragraphs 1 and 2. (2) of article 9. 126 was amended by point 37 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) the notice of formation and functioning of collective management body shall be granted by decision of the Director general of the Romanian Office for copyright, and shall be published in the Official Gazette of Romania, part I, at the expense of the collective management body.
  

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Art. 126 was amended item 93 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 127 (1) status of the collecting body shall include provisions relating to: (a) name, and field) activity and the rights which it manages on the basis of the list established for this purpose;
  

b) conditions under which the rights-management is performed for their holders, on the basis of the principle of equal treatment;
  

(c) the rights and obligations of members) in relationship to the collecting body;
  

(d) the procedure for the nomination and) the duties of the administrator-general in charge of the functioning of collective management body, as well as the organs of administration and representation;
  

e) heritage and economic resources;
  

f) rules applicable to the apportionment of rights collected in proportion to the actual use of the interpreter of the rights holders, on the allocation of duties collected for which it cannot determine the actual apportionment, and the rules relating to the retained amounts or unclaimed;
  

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Lit. f) of paragraph 2. (1) of article 1. 127 amended by point 37 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

g) rules concerning the method of establishing the methodology to be negotiated with users and rules on representation in negotiations;
  

h) modalities for verification of financial and economic management by the members;
  

I) the arrangements for determining the fee payable by the holders of rights collective management body in order to cover the necessary expenditure officials;
  

j) any other mandatory provisions under the laws in force.
  

(2) the director of the collecting body may not be part of the general manager or any other person who has the status of an employee a salary of the body. I do not have the status of employees remunerated members of collecting societies which receive compensation for participation in activities within the chosen leadership bodies.
  

(3) any proposal for amendment of the Statute shall be subject to approval by the Romanian Office for copyright, at least two months before the General Assembly to the collecting body within which the modification to be approved. The Romanian Office for copyright shall issue such opinion within 10 days of the request, and the opinion of the Court for the sake of change. Where the opinion is negative, it shall be reasoned.
  

(4) Any amendment to the Statute and registered with the Court without the opinion of the Romanian Office for copyright is null and void.
  

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Art. 127 was amended item 94 of article. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 128 Repealed.
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Art. 128 was repealed by article item 95. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 129 (1) the mandate of the collective management of economic rights, copyright and related activities, shall be paid directly by written agreement of the rightholders.
  

(2) each holder of rights has given a mandate of the collecting body shall be entitled to one vote at the general meeting. The performers who took part in an execution or a collective interpretation of a work shall be entitled to one vote at the general meeting, through the representative appointed in accordance with the procedure laid down in article 21. 99 para. (2) and (3) the mandate of the collective management of economic rights, copyright or related, and may be given indirectly by holders, contracts concluded between the collecting societies from Romania and foreign bodies which manage similar rights, based on their members ' repertoires. Mandate indirectly do not confer voting rights holders.
  

(4) Any holder of copyright or related rights may entrust rights management through its mandate regarding its own repertoire of a collective management body. That body is obliged to accept the administration of these rights on the basis of collective management within the limits of its object.
  

(5) collecting societies may not have as their objects using the protected repertoire for which they received a term of collective management.
  

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Art. 129 has been modified by the point of article 96. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 129 ^ 1 if mandatory collective management, if a holder is not associated to any body, the competence lies with the body in the industry with the largest number of members. The claim by holders of rights of unrepresented due can be made within 3 years from the date of notification. After this period, unclaimed amounts retained or are used according to the decision of the general meeting, except for the expenses of administration.
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Art. 129 ^ 1 has been amended item 38 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Section III-Operation of collecting societies Article 130 (1) collecting societies shall have the following obligations: to grant non-exclusive authorizations) to users on request, before the use of the protected repertoire, in Exchange for remuneration, through a non-exclusive licence in written form;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 130 returned to the previous form of the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005, by altering entirely the point of article 44. From this regulatory action by the point of article 39. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

b) establish methodologies for their fields of activity, including economic rights due to be negotiated with users for the purposes of the payment of such rights, if those works whose mode of operation is impossible for an individual authorisation by the rights holders;
  

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Lit. b) of paragraph 2. (1) of article 1. 130 returned to the previous form of the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005, by altering entirely the point of article 44. From this regulatory action by the point of article 39. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

c) to conclude, on behalf of rights holders who have granted a mandate or on the basis of agreements concluded with similar bodies from abroad, with the organizers of General contracts, with users performing public communication with broadcasting organizations of the time or with the distributors of cable services, with the authorization of the use of the protected repertoire;
  

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Lit. c) of paragraph 2. (1) of article 1. 130 amended by point 39 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

d) to protect their members ' interests, in terms of managing the rights thereof, as a result of the use of its own repertoire, aside Romanian territory, through the conclusion of contracts with similar bodies of representation abroad;
  

e) to collect amounts owed by users and to distribute them between the holders of the rights, according to the provisions of the Statute;
  

f) to provide access to information for their members regarding any aspect of the activity of collecting amounts owed by users and their distribution;
  

g) grant professional assistance and rights holders to represent them in legal proceedings, within the limits of their object;
  

h) to users or their intermediaries wax communication of information and transmission of documents necessary for determining the amount of remuneration that they collect as well as information regarding the works used, with an indication of the rights holders, in order for the apportionment thereof; users or their intermediaries are required to provide written and electronic format, within 10 days of the request, the information and documents requested under signature of the legal representative and stamped;
  

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Lit. h) of paragraph 1. (1) of article 1. 130 amended by point 39 of article. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

I) ensure the transparency of the activities of collecting societies in our dealings with the public authorities which have the right to control and, through these, with users;
  

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Lit. I) para. (1) of article 1. 130 returned to the previous form of the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005, by altering entirely the point of article 44. From this regulatory action by the point of article 39. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

j) to undertake any other activity, according to the particular mandate received from the holders of copyright or related rights, within the limits of the object.
  

(2) contracts entered into by bodies similar representation abroad, as provided for in paragraph 1. (1) (a). d), ending in written form with details of how to achieve the exchange of information on the rights of the parties, the Repertoire managed, duration and modalities of payment.
  

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Art. 130 amended item 98 art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 131 (1) in order to initiate the procedures for negotiating, collecting societies shall submit to the Romanian Office for copyright in an application, accompanied by the proposed methodology to be negotiated under the provisions of art. 130 paragraph 1. (1) (a). a).
  

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Alin. (1) of article 1. 131 amended item 45 of art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(2) the methodologies shall be negotiated in the framework of a Commission established by decision of the Director general of the Romanian Office for copyright, issued not later than 5 days after receipt of an application for initiation of negotiated procedures. Decision of the Director general of the Romanian Office for copyright to be published in the Official Gazette of Romania, part I, at the expense of collecting bodies. The Negotiating Committee is constituted by: a) one representative of the major collecting societies, which works for one category of rights, on the one hand;
  

b) one representative of the major structures mandated national association, named users, provided that they are declared at the Romanian Office for copyright on my own responsibility, appoint one representative to the first 3 major users and one representative of the two structures representing local users associative or, failing that, of the two representatives of local users established on the basis of turnover and market share in the field of public broadcasting companies and, where appropriate, on the other hand.
  

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Lit. b) of paragraph 2. (2) of article 9. 131 was amended by section 1 of article. in accordance with law No. 261 of 3 November 2015, published in MONITORUL OFICIAL nr. 826 of 5 November 2015.
— — — — — — — — — — — —-. (2) of article 9. 131 amended item 45 of art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(3) for the purposes of the designation of the Commission referred to in paragraph 1. (2) collecting societies shall deposit at the Romanian Office for copyright, with the associative structures, methodologies of user list and the major users, who will be summoned for negotiations, and the particulars thereof.
  

— — — — — — — — — — — —-. (3) art. 131 amended item 45 of art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(4) the Commission Decision designating the negotiation shall be communicated to the parties by registered letter, together with the proposed methodology filed by collecting societies.
  

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Art. 131 amended item 99 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 131 ^ 1 (1) the methodology shall be negotiated by the collecting societies with the representatives referred to in article 1. 131 paragraph 2. (2) (a). b), taking into account the following criteria: a) the category of right owners, members or non-members, and for which the gate of negotiation;
  

b) category of users representing associative structures in negotiations or other users you designate to negotiate;
  

c) Office, confirmed the repertoire for copyright, administered by the collecting body shall, for its own members and for members of other foreign bodies similar in basis of representation;
  

d) proportion of the use of an interpreter managed collective management body;
  

e) proportion of uses for which the user has fulfilled its obligation by payment through direct contracts with owners of rights;
  

f) revenues from the users who use the Repertoire of what is subject to negotiation;
  

g) where there is no income will use European practice in the field;
  

h) practice regarding the results of negotiations between users and collecting societies.
  

I) in the case of broadcasters, remuneration shall be determined through negotiations, in terms of predictability and proportionality, with potential receptors, so that shows you that users can have the payment obligations representing the beginning of each fiscal year.
  

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Lit. I) para. (1) of article 1. 131 ^ 1 has been introduced by section 2 of art. in accordance with law No. 261 of 3 November 2015, published in MONITORUL OFICIAL nr. 826 of 5 November 2015.

(2) collecting societies may seek from the same class of users or lump-sum remuneration percentage compared with proceeds of users from which you use the Repertory, such as broadcasting, cable retransmission or communication to the public, taking into account the European practice of the results of negotiations between users and collecting societies. For the broadcasting activity, remuneration percentage to be determined differentially, in direct proportion to the share of the use of an interpreter in this collective task manageable, and the lack of revenue, depending on the costs of service.
  

(3) the Remuneration, flat-rate or percentage referred to in paragraph 1. (2) the application may be made only if and to the extent that they are used for works that copyright and related rights protected lies within the terms of protection provided for by the law.
  

(4) where collective management is mandatory under art. 123 ^ 1, methodologies shall be negotiated without regard to the criteria referred to in paragraph 1. (1) (a). c) and (e)), the field being considered repertories.
  

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Art. 131 ^ 1 was modified by item 40 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 134 ^ 2 (1) shall be conducted in accordance with Negotiation methodologies program established between the two sides, for a term of not more than 30 calendar days from the date of the establishment of the Commission.
  

— — — — — — — — — — — —-. (1) of article 1. 134 ^ 2 has been modified by the point of article 47. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(2) the understanding of the parties with respect to the methodologies negotiated shall be recorded in a protocol which is submitted to the Romanian Office for copyright. The Protocol shall be published in the Official Gazette of Romania, part I, at the expense of collecting bodies, by decision of the Director general of the Romanian Office for copyright, issued within five working days after the date of deposit. Such methodologies are applied to all users in the domain for which it was negotiated and all importers and manufacturers of equipment for carriers and that is due to the compensatory remuneration for private copying in accordance with art. 107. — — — — — — — — — — — —-. (2) of article 9. 134 ^ 2 has been modified by the point of article 47. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(3) the Romanian Office for copyright can be claimed, for initiating arbitration proceedings conducted by arbitrators, in the following situations: a) entities that make up a party to participate in the negotiating body could not agree on a common point of view to be presented to the other party;
  

b) the two warring parties negotiating could not agree on a unique form of the methodology within the time limit referred to in paragraph 1. (1);
  

c) collecting societies could not agree on the conclusion of a protocol for the distribution of remuneration and for fixing the fee due to collectors only.
  

— — — — — — — — — — —-. (3) art. 134 ^ 2 has been modified by the point of article 41. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(4) the Romanian Office for copyright, within 5 days after the arbitration request, convened the parties for appointing, by drawing lots, 5 arbitrators, who will constitute the Panel of arbitration, and the arbitrators reserve 3. Latter shall replace, in the order of the titular draw, on the assessment of the referees. Appointment of arbitrators by lot is done and in the case of the absence of the parties convened.
  

— — — — — — — — — — —-. (4) article. 134 ^ 2 has been modified by the point of article 41. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


(5) the Romanian Office for copyright, within 5 days from the date of appointment of arbitrators, the arbitrators shall convene at the headquarters or designate and the parties, with a view to the establishment of the arbitration panel. The Arbitration Panel determines the gross fees, by: negotiating with the parties, the first period, but not later than 5 days, and the place of the arbitration, and shall inform the parties.
  

— — — — — — — — — — —-. (5) article. 134 ^ 2 has been modified by the point of article 41. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(6) the two parts that are in arbitration, collecting societies and users or other payers contribute equally in paying the fee. The amounts shall be submitted to the Romanian Office cashier on copyrights, before the first deadline. Failure to pay within the party that does not attract the forfeiture of fees paid for the right to propose and formulate conclusions during the arbitration.
  

— — — — — — — — — — — —-. (6) article. 134 ^ 2 has been modified by the point of article 47. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(7) the Arbitrators within 30 days after the first deadline to submit to the arbitration of the Romanian Office for copyright judgment containing the final shape of the methodologies that are subject to arbitration, to communicate to the parties. In exceptional cases, the arbitrators may, motivated, Romanian Office for copyright extension of this period by a maximum of 15 days. Referees can raise the fee at the cashier's Romanian Office for copyright only after submission of the arbitration ruling.
  

— — — — — — — — — — — —-. (7) article. 134 ^ 2 has been modified by the point of article 47. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(8) the arbitration concerning the final form of the methodologies shall be communicated to the parties by the Romanian Office for copyright, and shall be published in the Official Gazette of Romania, part I, on behalf of the Office, by decision of the Director-general, issued within five working days after the date of deposit. Such methodologies are applied to all users in the domain for which it was negotiated and cannot grant discounts at payment of remuneration due, other than those referred to in the published methodology.
  

(9) within thirty (30) days from the date of publication in the Official Gazette of Romania, part I, of the decision of the arbitration, the parties may appeal against it to the Bucharest Court of Appeal Court, which will rule on the case in full. Arbitration law is enforceable until the delivery of the solution with respect to maintaining or changing methodologies. The solution of Bucharest Court of appeal is final and irrevocable, shall be communicated to the Romanian Office for copyright, and shall be published in the Official Gazette of Romania, part I, on behalf of the Romanian Office for copyright, by decision of the Director-general, issued within five days of notification.
  

— — — — — — — — — — —-. (9) article. 134 ^ 2 has been modified by the point of article 41. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(10) negotiated or set Methodologies in accordance with paragraph 1. (1) to (9) shall not apply to users at the time of the commencement of the negotiation procedure methodology lies in the direct negotiation of a license or have already concluded these negotiations with the collecting societies.
  

— — — — — — — — — — — —-. (10) of article 1. 134 ^ 2 was introduced by the pct. of article 48. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.
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Art. 134 ^ 2 was introduced by the pct. of article 100. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 131 (1) ^ 3 collecting societies or, where appropriate, the associative structures of major users, users, public radio or television may make a new application for the initiation of procedures for negotiation of tariffs and methodologies only after 3 years from the date of their publication in final form in Official Gazette of Romania, part I.
  

(2) in the case of the negotiations provided for in art. 107 para. (4) a party may make a new application for the initiation of procedures for negotiation methodologies only after 2 years from the date of their publication in final form in Official Gazette of Romania, part I.
  

(3) until the publication of new methodologies, are valid old methodologies.
  

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Art. 131 ^ 3 was amended by point 49 of art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 131 ^ 4 Remuneration established in the fixed amount is subject to change annually, beginning with the first month of the year following the year in which they were published methodologies, by collecting societies, on the basis of the inflation index, set at national level. These amendments are submitted to the Romanian Office for copyright, to be published in the Official Gazette of Romania, part I, at the expense of collecting bodies, by decision of the Director general of the Romanian Office for copyright, issued within five working days after the date of deposit. The changes become effective as of the month following its publication.
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Art. 131 ^ 4 was introduced by the pct. of article 100. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 132 Repealed.
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Art. 132 was repealed by article item 101. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 133 (1) collection of amounts due from other users or payers to make collecting agency whose repertoire is used.
  

— — — — — — — — — — —-. (1) of article 1. 133 was modified by item 42 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) where there are several collecting societies for the same domain of creation, and the rights are managed in category set forth in art. 123 ^ 2, the beneficiary bodies shall, through a protocol which shall be submitted to the Romanian Office for copyright for publication in the Official Gazette of Romania, part I, their expense: a) the apportionment criteria between bodies of remuneration;
  

(b) the collecting body) to be appointed, by decision of the Director general of the Romanian Office for copyright, as a collector in the field of rights holders in the case;
  

c) method of highlighting and justification of expenses relating to actual coverage of the costs of collecting body discharge collector.
  

— — — — — — — — — — —-. (2) of article 9. 133 was modified by item 42 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) in the case referred to in paragraph 1. (2) if the recipient collecting societies shall not be submitted to the Romanian Office for copyright Protocol within 30 days from the date of entry into force of the methodologies the Romanian Office for copyright shall designate one of these collectors in the field of rights holders in the case, on the basis of representativeness, by decision of the Director general.
  

(4) for the situation mentioned in paragraph 1. (3) the collector of unique Office designated English copyright may not allocate any moneys collected between the recipient bodies nor members, until after the submission of the Romanian Office for copyright of a protocol concluded between the beneficiary bodies laying down criteria on the allocation of the sums collected. The costs of the collection, in this case, is distinct and must be substantiated by documents concerning the actual coverage of the costs of collection management body which is the collector in the field of rights holders in the case.
  

(5) upon the expiry of 30 days referred to in paragraph 1. (3) any of the collecting societies may ask the Romanian Office for copyright arbitration proceedings conducted by arbitrators to determine the criteria on the allocation of remuneration between the categories of beneficiaries. The procedure of arbitration, as well as subsequent stages are those laid down in article 21. 134 ^ 2 para. (3) to (9).
  

(6) the amounts collected by the collecting body shall, in its capacity as sole collector, art.7. 107 ^. (1) of article 1. 121 paragraph 2. (2) and paragraphs 1 and 2. (1) and (3) of this article, are highlighted in the analytical accounts.
  

(7) the collecting Body that is unique, the collector is required to issue a non-exclusive licence, authorization through the written form on behalf of all the collecting bodies, and ensure the transparency of the activities of collecting, as well as costs incurred in dealings with collecting societies. They are required to support the activity of collecting.
  

— — — — — — — — — — —-. (7) article. 133 was modified by item 42 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(8) the provisions of art. 134 para. (2) (a). f) apply properly and collecting bodies that are unique fundraisers.
  


(9) the collecting societies may be agreed upon through a protocol that is published in the Official Gazette of Romania, part I, by decision of the Director general of the Romanian Office for copyright, the designation of a common collector on a domain of payers, regarding the remuneration due rights holders categories represented by them. As well, collecting societies may be established, with the opinion of the Romanian Office for copyright, common bodies of collection for multiple domains, which works according to the legal provisions relating to the federations of private law legal persons without patrimonial purpose, and under the provisions of special regulations on the organisation and functioning of collective management bodies of this law.
  

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Art. 133 was modified by item of article 50. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 134 (1) extension of the collective management of the mandate entrusted to it by the contract cannot restrict in any way the rights of property holders.
  

(2) collective management is exercised according to the following rules: a) decisions on the methods and rules for the collection of remuneration and other payments from users and their distribution between rights holders and those of other important aspects of collective management should be taken by the members, within the framework of the General Assembly, in accordance with the Statute;
  

(b) the fee payable by the holders), which are members of a collective management body, to cover its operating expenses, as referred to in art. 127 para. (1) (a). I), combined with the fee due to the collecting body that is unique, according to collector. 133 paragraph 2. (2) (a). c) and paragraphs 1 and 2. (4) may not be more than 15% of the sums collected annually;
  

c) in the absence of an explicit decisions of the General Assembly, amounts collected by the collecting body may not be used for purposes other than municipalities cover the costs of collection and the apportionment of sums due to members; the general meeting may decide that a maximum of 15% of the sums collected to be used for common purposes and only within the limits of the objects;
  

d) amounts collected by a collecting body distribute the individual rights holders in proportion to the use of an interpreter, no later than 6 months from the date of collection; rights holders can claim payment of the sums collected by roll call or those whose distribution does not require a special documentation within 30 days of the date of collection;
  

e fee payable) for rights holders retain the amounts due each, after calculating the distribution;
  

f) remuneration amounts resulting from unclaimed deposits and retained in bank deposits or obtained from other operations carried out within the limits of the objects, as well as those obtained by way of damages or damages as a result of copyright infringement and related due times are randomized and rights holders cannot constitute income of collective management body;
  

— — — — — — — — — — — —-Letter g) of paragraph 1. (2) of article 9. 134 ceased legal effect according to the DECISION of the CONSTITUTIONAL COURT No. April 29, 2010 571, published in MONITORUL OFICIAL nr. 430 of 28 June 2010.
— — — — — — — — — — —-. (2) of article 9. 134 has been modified by the point of article 43. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) the Remuneration received by the collecting societies are not and cannot be assimilated to their incomes.
  

— — — — — — — — — — — —-. (3) art. 134 has been modified by item 44 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(4) in the exercise of their power under the present law, collective management bodies are not allowed to transfer or not convey copyrights and rights related to copyright or use them.
  

— — — — — — — — — — — —-. (4) article. 134 was introduced by the pct. of article 44. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 134 ^ 1 (1) collecting societies shall be required to publish, in electronic form, on its own page, the following information: a) terms of reference;
  

(b) list of members) of the management organs of the Central and local commissions and internal component list local managers in charge;
  

c annual balance situation concerning) amounts retained, amounts collected by users or other payers, the amounts withheld, cost management and amounts broken down by categories of rightholders;
  

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Lit. c) of paragraph 2. (1) of article 1. 134 ^ 1 has been amended item 53 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

d the annual report);
  

e) general meeting information, such as date and place of Convocation, the agenda, draft resolutions and decisions;
  

f) other data necessary for the information of members.
  

(2) any Member shall have the right to ask for personally or through an authorized representative, detailed information and documents relating to the sums which have been distributed in the last 12 months, origin, method of calculating duties and deductions have been applied, and the tally of those data with the provisions of the regulation;
  

(3) within a period of 30 days before the general meeting, any Member shall be entitled to consult, at the headquarters of the collecting body: the annual report);
  

b) balance sheet;
  

c) bodies and the report of the Audit Commission;
  

d) text and recitals of judgments to be subject to the approval of the General Assembly;
  

e individual salaries of employees);
  

f) situation amounts in the bank accounts, investments and interest earned at the close of the last financial year;
  

g) the situation regarding the categories of users, the number of taxpayers in each category and the total amount collected from each category;
  

h) dispute situation with users.
  

(4) access to the information referred to in paragraph 1. (3) is made, as a matter of privacy, based on written request and with limiting access to personal data of employees collecting body.
  

(5) members who consider that they would have violated the right of access to information requested may refer to, within three days, the Special Standing Committee on access to information, approved by the General Assembly, composed of five members, who are not employees and are not part of governing bodies. The Commission is required to respond within seven days, both the person who made the referral, as well as the general administrator. The Commission shall draw up an annual report on its work, and submit it to the General Assembly and the Romanian Office for copyright.
  

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Art. 134 ^ 1 was introduced by the pct. of article 104. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 135 (1) collecting societies shall be required to submit to the Romanian Office for copyright, in the first quarter of each year, after the General Assembly: a) annual report, approved by the General Assembly;
  

b) annual report of the Audit Commission, submitted to the General Assembly;
  

c) court orders concerning the registration of the amendments to the staff regulations, approved by the Romanian Office for copyright;
  

d) repertoire updated;
  

e) contracts with similar bodies of representation abroad.
  

(2) the documents referred to in paragraph 1. (1) (a). ) and (d)) shall be submitted to the Romanian Office for copyright, in the format established by decision of the Director-general of the Office.
  

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Art. 135 was amended item 105 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 136 Repealed.
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Art. 136 was repealed by article item 106. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Chapter II Romanian Office for copyright Article 137 (1) the Romanian Office for copyright works as a specialized body under the control of the Government, being the sole regulatory authority, through the national registries, surveillance, authorisation, arbitration and technical-scientific findings in the field of copyright and neighbouring rights.
  

(2) Financing current expenditure and capital of the Romanian Office for copyright is done fully and distinctly from the State budget through the budget of the Ministry of culture and religious affairs, Minister Coordinator of credit being the principal authorising officer.
  

(3) the Organization, operation, structure and personnel the necessary facilities for the performance of the duties of the Romanian Office for copyright shall be established by decision of the Government.
  

(4) the Romanian Office for copyright is coordinated by the Ministry of culture and religious affairs and is led by a director general, assisted by a deputy director-general, appointed by decision of the Prime Minister, upon proposal of the Minister.
  

(5) Repealed.
  

— — — — — — — — — —-. (5) article. 137 was repealed by section 5 of art. VIII of the EMERGENCY ORDINANCE nr. 71 of 31 august 2011, published in MONITORUL OFICIAL nr. 637 on September 6, 2011.

(6) Repealed.
  

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Paragraphs 1 and 2. (6) article. 137 was repealed by section 5 of art. VIII of the EMERGENCY ORDINANCE nr. 71 of 31 august 2011, published in MONITORUL OFICIAL nr. 637 on September 6, 2011.
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Art. 137 was amended item 54 of article. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 138 (1) the main tasks of the Romanian Office for copyright are the following: a) regulates the activity of the sector by decisions of the Director general, in accordance with the law;
  

b) elaborate draft normative acts in the field or activity;
  

c) keeps track of repertoires submitted by collecting societies;
  

d) organizes and administers fee-registration in national registers and other obvious specific national legislative provisions,
  

e) issued surcharge holographic markings for use according to the law in the field of copyright and neighbouring rights, the amount of the purchase price plus a Commission of 30%;
  

f) establishment and endorse oversees the functioning of collecting societies;
  

g) endorses, as a specialized body of the central public administration according to law, the entry in the registry of the Court the learned associations and foundations in the field of copyright and neighbouring rights, including with regard to associations to combat piracy;
  

h) controls the operation of collecting bodies and establishes measures for entry into legality or apply sanctions where appropriate;
  

I) provide the Secretariat of the arbitration procedures are carried out according to the law;
  

j) surcharge, on behalf of the defendants, where he proved his guilt, the technical and scientific findings about the original character of the products bearing the copyright or related rights, at the request of police criminal investigation;
  

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Lit. j) of paragraph 1. (1) of article 1. 138 has been amended, article, item 45. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

k) carried out surveys for a fee, at the expense of the parties concerned or at the request of judicial bodies;
  

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Lit. k) of paragraph 1. (1) of article 1. 138 was amended by section 1 of article. 34 of the law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

l) conducts information on legislation in the field, at his own expense, as well as training activities at the expense of the parties concerned;
  

m) performing representation in dealing with specialized organizations and similar international organisations in this field, to which the State is party;
  

n) any other duties set out meets the Bill.
  

(2) by decision of the Government is setting charges to operations that can be performed by the Romanian Office for copyright. The counterpart of the operations specified in paragraph 2. (1) (a). j) will be included in the expenses of the Court.
  

— — — — — — — — — — — —-. (2) of article 9. 138 was modified by item 45 of art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) For duties established by law the Romanian Office for copyright have access to necessary information operatively and free from the National Center of cinematography, the national trade register Office, ANV, the National Agency for fiscal administration and the General Inspectorate of Border Police, for the accounting of National Inspectorate and the Directorate General for Passports within the Ministry of administration and Interior as well as the financial and banking institutions, in accordance with the law.
  

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Art. 138 was modified by item 55 of the art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 138 ^ 1 of the checks carried out by the Romanian Office for copyright under the provisions of art. 138 controlled person is obliged to submit any documents and information required by the control bodies and teach kids after them, if requested.
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Art. 138 ^ 1 was introduced by the pct. of article 110. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 138 (1) ^ 2 control activity of the Romanian Office for copyright, as referred to in art. 138 para. (1) (a). h), shall be conducted only with the prior notification to the collecting body, giving at the same time and control objectives. The Romanian Office for copyright controls can perform General once a year, be notified 10 days prior to the inspection, as well as specific controls regarding issues that are the subject of complaints, whenever needed, be notified three days before.
  

(2) the checks carried out by the Romanian Office for copyright, the Superintendent shall furnish any documents and information required by the control bodies and teach kids after them, if requested. The control can get in touch with explanatory notes found in both situations the administrator general and other persons employed.
  

(3) the conclusions of the control bodies of the Romanian Office for copyright, along with observations of the administrator general, shall be recorded in the minutes.
  

(4) on the basis of the conclusions of the check, in the case of irregularities, the Romanian Office for copyright may decide the communication report by the General Assembly of the collecting body in the case that you will discuss the first ordinary meeting.
  

— — — — — — — — — — —-. (4) article. 138 ^ 2 has been modified by item 56 of the art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.
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Art. 138 ^ 2 was introduced by the pct. of article 110. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 138 ^ 3 where the collecting body no longer meets the conditions laid down in article 21. 124 and 126 times in breach of its obligations under article 4. 130, 133, 134, 135, 135 ^ 1 or article 2. 138 ^ 2 (2). (2), Romanian Office for copyright management body may be granted, by decision of the Director-general, a term for entry into legality. The decision may be appealed to the administrative courts. In the event of final decision, Romanian Office for copyright temporarily withdraw the opinion referred to in article 1. 125. Temporary withdrawal of the notice has the effect of suspending the activity of collecting body up to change the administrator-general by the General Assembly.
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Art. 138 ^ 3 was amended by the point of article 57. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 138 ^ 4 *) (1) in addition to the Romanian Office for copyright works a corps of referees, composed of 20 members, appointed every three years, by order of the Minister of the Romanian Office for copyright. The appointment of 20 members is done by drawing lots by the Director general of the Romanian Office for copyright, in the presence of the candidates, which are proposed by the collecting societies, the associative structures of users and public broadcasting companies and television. Candidates nominated must have legal training and a minimum of 10 years of work in the field of civil law. Proposals shall be submitted to the Romanian Office for copyright, together with a presentation of the proposed candidate and with the consent of his writing, including information on the modalities for convening.
  

— — — — — — — — — — — —-. (1) of article 1. 138 ^ 4 has been changed from point of article 46. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(2) the arbitrators do not have the status of employees of the Romanian Office for copyright and are entitled to a fee for participation in the arbitration rights collection methodologies managed by collecting societies, under the conditions laid down in this law.
  

— — — — — — — — — — — —-. (2) of article 9. 138 ^ 4 has been changed from point of article 46. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) the body of arbitrators will be reconstituted if the number of permanent arbitrators available is less than 16.
  

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Art. 138 ^ 4 was introduced by the pct. of article 110. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Chapter III protective measures, procedures and penalties — — — — — — — — — — — — — the name of the Head. III of title III amended by point 111 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Section I, technical measures for protection and information relating to the rights-— — — — — — — — — — — — section I nodded. (III) was introduced by the pct. of article 112. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 138 ^ 5 (1) the author of a work, the performer, phonogram producer of audiovisual recordings times, the radio or television and the manufacturer of the database may establish technical measures for the protection of the rights recognized by this law.
  


(2) technical measures, for the purposes of this Act, means the use of any technology, device or component that, in the context of its officials, is intended to prevent or restrict acts not authorised by the holders of the rights recognized by this law.
  

— — — — — — — — — — —-. (2) of article 9. 138 ^ 5 was modified by item 59 of the art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(3) technical measures are considered effective when the use of a work or any other object of protection is controlled by rights holder through application of an access code or process, such as encryption, scrambling or encoding, any transformation of the work or other subjectmatter of protection or a copy control mechanism, where they meet the objective of ensuring protection.
  

(4) the owners of rights who have instituted technical measures of protection are required to make available to beneficiaries of exceptions provided for in art. 33 para. (1) (a). a), c) and (e)), art. 33 para. (2) (a). d) and (e)) and art. 38 the means for legal access to opera or any other object of protection. At the same time they have the right to limit the number of copies made in the above conditions.
  

— — — — — — — — — — —-. (4) article. 138 ^ 5 was modified by item 59 of the art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(5) the provisions of paragraphs 1 and 2. (4) does not apply in the case of works protected, released to the public, in accordance with the contractual terms agreed between the parties, so that anyone in the public can have access to it at any place and at any time, chosen individually.
  

— — — — — — — — — — — —-. (5) article. 138 ^ 5 was amended by point 47 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.
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Art. 138 ^ 5 was introduced by the pct. of article 112. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 138 (1) ^ 6 holders of 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 communication to the public, information on the rights regime.
  

(2) the rights information for the purposes of this Act, means any information provided by rightholders which allows identification of the work or any other object of the protection under this law, the author or any other rightholder, and terms and conditions of use of the work, or any other object of protection, and any number or code representing that information.
  

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Art. 138 ^ 6 was introduced by the pct. of article 112. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Section II Procedures and penalties — — — — — — — — — — — —-Section head. (III) was introduced by the pct. of article 113. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 138 ^ 7 (1) violation of the rights recognized and protected by this law shall entail liability, penal contravention or, where appropriate, in accordance with the law. The procedural provisions shall be those laid down in this law, which shall be completed with the common law.
  

(2) in the context of an action concerning the violation of the rights protected by this law and in response to a reasoned request by the applicant, the Court has the right to require the provision of information on the origin and distribution networks of the goods or services which affect the right provided for in this law, either from făptuitor or from any other person: a) commercially owned pirate goods;
  

b) used in commercial services which violate the rights protected by this law;
  

c) provided, in commercial products or services used in activities that violate the rights provided for in this law;
  

d) was indicated by any of the persons referred to in subparagraph (a). a), b) or c) as being involved in the production, manufacture, distribution or rental of goods pirate pirate devices of access control products, or the provision of services by which the times violate the rights protected by this law.
  

— — — — — — — — — — — —-. (2) of article 9. 138 ^ 7 was changed by the point 48 of article 1. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) the information referred to in paragraph 1. (2) include, where appropriate: a) the name and address of producers, manufacturers, distributors, suppliers and other previous holders of the goods, services or devices, including carriers and wholesalers and recipients of retailers;
  

b) information on the quantities produced, manufactured, delivered, received or ordered, as well as the times and the price obtained for the goods, services or devices.
  

— — — — — — — — — — — —-. (3) art. 138 ^ 7 was changed by the point 48 of article 1. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(4) the provisions of paragraphs 1 and 2. (2) and (3) shall apply without prejudice to other statutory provisions which: (a) grant the holder of the right) to receive more extensive information;
  

b) stipulating the use in civil or criminal proceedings of the information communicated in accordance with this article;
  

c provide for liability for abuse) of the right to information;
  

(d) enable to) refuse to provide information that would coerce the person referred to in paragraph 1. (1) admit to own participation or that of his close relatives in an activity through which violate the rights protected by this law;
  

(e) provide for the protection of privacy) sources of information or the processing of personal data.
  

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Art. 138 ^ 7 was introduced by the pct. of article 61. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 139 (1) holders of rights recognized and protected by this law may request the courts or other competent bodies, as appropriate, recognizing their rights and their infringement finding and may claim compensation for damage caused. The same can be made in the name and for the rights holders by the management bodies, associations to combat piracy or persons authorized to use the rights protected by this law, in accordance with the mandate given in this sense when an action was started by the owner, the persons authorized to use the rights protected by this law may need to be involved in the process , requesting compensation for damage that has been caused.
  

(2) in fixing the damages the Court shall take into account: a) criteria, such as the negative economic consequences, in particular, gains realised gain foregone unfairly făptuitor and, where appropriate, other elements outside economic factors, such as non-material damage caused to the right holder;
  

b) indemnification representing three sums would have been legally owed for usage type having been the subject of illicit acts, where may not apply criteria referred to in (b). a). (3) If the copyright holder or one of the persons referred to in paragraph 1. (1) proof of credible that copyright is the subject of illegal actions, present or imminent and that this action is likely to cause damage difficult to repair, can ask the Court to take provisional measures. The Court may order in particular: (a) a breach or termination) banning them;
  

b) take the necessary measures to preserve evidence;
  

c) take the necessary measures to ensure compensation for damage; to this end, 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 the blocking of his bank accounts and other assets. To this end, the competent authorities may provide notice of bank documents, financial or commercial information, or access to pertinent;
  

d) seizure or surrender of the competent authorities to goods in respect of which there is a suspicion of an infringement of any right covered by this law, in order to prevent their introduction into Commerce.
  

(4) applicable procedural provisions are contained in the provisions of the code of civil procedure relating to precautionary 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 being used by a third party to infringe a right protected by this law.
  

(6) the measures provided for in paragraph 1. (3) and (5) may include the detailed description, with or without the taking of samples, or seizure of goods in real dispute and, in appropriate cases, the materials and tools used to produce and/or distribute these commodities, as well as documents that refer to them. These measures shall be taken into account in the implementation of the provisions of article and. 169-171 of the code of criminal procedure.
  

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Paragraphs 1 and 2. (6) article. 139 was amended by paragraph 2 of article 9. 34 of the law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(7) the Court may authorize the erection of objects and documents that constitute evidence of infringement of copyright or related rights, or in hard copy, even when they are in the possession of the opposing party. In the case of infringements committed at commercial scale, the competent authorities may provide, in addition, the communication of banking, financial documents, or appropriate access to the commercial times relevant information.
  

(8) the measures provided for in paragraph 1. (3) and (7), subject to protecting confidential information, courts to claim the plaintiff to furnish any evidence, reasonably accessible to prove with sufficient certainty that has encroached on his right that such prejudice is imminent. Shall be considered as constituting sufficient evidence the number of copies of a work or other subject-matter, the Court's appreciation. In this case, the courts may require the applicant to deposit a bond sufficient to ensure compensation for any damage that might be suffered by the respondent.
  

(9) measures to ensure the evidence or finding of a State of Affairs arranged by the Court shall be settled by bailiff. Rightholders who is believed to have been infringed or with respect to which there is a danger of being infringed or representatives of these holders have the right to take part in the implementation of measures to ensure the evidence establishing an times State of affairs.
  

(10) the holders of the rights infringed may request the Court to order the application of any of the following measures: a) remission to cover damages sustained, revenues realized by the illegal act;
  

b) and destruction of equipment owned by the perpetrator, whose unique destination or principal has been producing illicit act;
  

c) removal from trade through confiscation and destruction, children made illegal;
  

d) dissemination with regard to the judgment of the Court, including displaying the decision and publishing to fixations in mass media, at the expense of the person who committed the Act; in the same way the courts may require additional measures to be adapted to particular circumstances of publicity of the case, including a large-scale advertising.
  

(11) the Court has implementation of the measures referred to in paragraph 1. (10) at the expense of the perpetrator, except where there are reasonable grounds for it not to bear the costs.
  

(12) the measures provided for in paragraph 1. (10) (a). b) and c) can be arranged on the occasion and your ranking prosecutor or waiving prosecution. The provisions of paragraphs 1 and 2. (10) (a). c) do not apply for changes made in contravention of the rights relating to the work of architecture, protected by this law, if the destruction of the building is not imposed by the circumstances of the particular case.
  

— — — — — — — — — — —-. (12) article. 139 was amended by paragraph 2 of article 9. 34 of the law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(13) The measures provided for in paragraph layout. (10) the Court shall respect the principle of proportionality to the gravity of the infringement of the rights protected by this law and shall take into account the interests of third parties likely to be affected by these measures.
  

(14) the judicial authorities are required to inform the Parties adopted solutions in cases of infringement of rights covered by this law.
  

(15) the Government of Romania, by the Romanian Office for copyright, support the drawing up, by associations and professional organizations, of codes of conduct at Community level, intended to contribute to ensuring that the rights provided for in this law, in particular with regard to the use of codes allowing identification of the manufacturer, applied optical disks. The Romanian Government also supports the transmission to the Commission of draft codes of conduct at national or community level assessments regarding their application.
  

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Art. 139 was modified by art. 27 of law No. 76 of 24 may 2012 published in MONITORUL OFICIAL nr. 365 of 30 may 2012.


Article 139 ^ 1 (1) the holder of copyright or neighbouring rights may be represented in all procedures, negotiations and legal documents throughout and at any stage of civil or criminal process times out of such a process, through an agent with power of attorney.
  

(2) For setting in motion the criminal action, and for the withdrawal of the complaint and reconciliation of the parties, the term of Office shall be regarded as special, if it is given to represent the holder of copyright or related rights, in any situation of violation of his rights.
  

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Art. 139 ^ 1 was introduced by the pct. of article 115. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 139 2 shall constitute offences and ^ is sanctioned with a fine from 3,000 to 30,000 lei lei the following acts: (a) violation of article 10.) 21;
  

b) breach art. 88 and 89;
  

c) violation of article 10. 107 para. (3) and (7);
  

d) failure by users. 130 subparagraph (c). h);
  

e) fixation, without the authorization or consent of the holder of the rights recognized by this law, the interpretation or the execution of artistic times broadcasting or television.
  

f) communication to the public, without the authorization or consent of the holder of the rights recognized by this law, works or related rights-bearing products.
  

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Lit. f) art. 139 ^ 2 was introduced by section 1 of article. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
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Art. 139 ^ 2 has been modified by the point of article 50. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 139 ^ 3 Repealed.
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Art. 139 ^ 3 has been repealed by article item 64. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 139 ^ 4(1) Constitutes contravention, if is not offense, and is sanctioned with a fine of 10,000 to 50,000 lei lei and confiscation of goods with pirate-pirate or devices access control deed of legal persons or individuals authorized to access premises, equipment, means of transport, the goods or services of its own, with a view to the Commission by another person of an offence provided for in this law.
  

(2) with the fine mentioned in paragraph 1. (1) there shall be imposed, and the deed of the operators who are in breach of the obligation laid down in article 21. 145 Abdel. 3. (3) For a repeat of the facts specified in paragraph 2. (1) and (2) which resulted in committing the offences mentioned in article 1. 139 ^ 6 within one year, the findings may apply to the additional sanction of suspension of the activity or activities of the legal person for a period up to 6 months.
  

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Art. 139 ^ 4 was amended by paragraph 2 of article 9. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 139 (1) ^ 5 administrative Sanctions referred to in article 1. 139 ^ 2 applies to legal persons. Where the infringer, a legal entity, carrying out activities that involve, in accordance with its object, communication to the public of works or products bearing the copyright or related rights, the limits of administrative fines increases twice.
  

(2) the Offences referred to in articles. 139 139 ^ ^ 2 and 4 to establish and apply the officers or police agencies within the Ministry of administration and interior with competence in this field.
  

(3) the infringer can pay within 48 hours of receipt of the minutes of the contravention, one-half of the minimum fine provided for in this law.
  

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Art. 139 ^ 5 was modified by item 66 of the art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 139 ^ 6 (1) shall constitute offences and are punishable by imprisonment from 6 months to 3 years or fine the following facts: a realization in order) distribution of pirate goods;
  

b) entry of goods pirate under a customs procedure of import or export duties, under a suspensive customs procedure or in the free zone;
  

c) any other way of entering the pirate goods on the domestic market.
  

(2) the penalties provided for in paragraph 1. (1) there shall be imposed, and offering, distribution, possession or transport of storage times of goods pirate in order to be distributed.
  

(3) if the conduct referred to in paragraph 1. (1) and (2) are committed for commercial purposes, they shall be punished with imprisonment from 2 to 7 years.
  

(4) With the penalty mentioned in paragraph 1. (3) punished and hiring or offering for sale of pirate goods rental.
  

(5) promotion of goods pirate by using public notices or electronic means of communication, by presenting to the public exposure times of lists or catalogs of products or by any other means constitutes infringement and is punishable with imprisonment from 3 months to 2 years or by a fine.
  


(6) for the purposes of this Act, goods-shall mean all pirate copies, regardless of the medium, including covers, made without the consent of the holder of rights or of the person duly authorised by him and which are made directly or indirectly times partly on a product spokesman for copyright and related rights or times of their packages of times covers.
  

(7) for the purposes of this law, by commercial means pursuing obtaining, directly or indirectly, a material advantage economic times.
  

(8) the commercial purpose shall be presumed if the goods is identified for the pirate headquarters, at work, in the annexes or the means of transport used by economic operators having the object of activity the reproduction, distribution, rental, storage times carriage of products bearing the copyright or related rights.
  

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Art. 139 ^ 6 was amended by section 3 of article 9. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 139 ^ 7 Repealed.
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Art. 139 ^ 7 was repealed by paragraph 4 of art. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 139 ^ 8 Constitutes infringement and is punishable by imprisonment from six months to three years or with fine making public, including via the internet or other computer networks, without law, works or related rights-bearing products times of sui-generis rights of database manufacturers or of copies thereof, regardless of support so the audience can access them at any time or in any place chosen individually.
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Art. 139 ^ 8 was amended by section 5 of art. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 139 ^ 9 Constitutes infringement and is punishable by imprisonment from six months to three years or with fine piracy on computer systems of computer programs in any of the following ways: installation, storage, running or executing, displaying network transmission times.
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Art. 139 ^ 9 was amended by section 6 of article. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 140 (1) Constitute criminal offences and are punishable by imprisonment from one month to one year or with fine following facts committed without the authorization or consent of the holder of the rights recognized by this law: (a) the reproduction of works or) products bearing related rights;
  

b) distribution, rental or importation of domestic works or related rights-bearing products, other than goods-pirate;

c) broadcasting works or related rights-bearing products;
  

d) relayed by cable of protected works or related rights-bearing products;
  

e) making derivative works;
  

f) fixing, for commercial purposes, of interpretations or executions of artistic times broadcasting or television;
  

g) violation of article 10. 134. (2) Through related rights-bearing products means artistic interpretations or executions, phonograms, and broadcasts its own videogramele or services programs of broadcasting organizations and television.
  

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Art. 140 has been amended point 7 of article. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 141 (1) constitutes infringement and is punishable by imprisonment from six months to three years or by a fine person who appropriates their deed, without right, in whole or in part, the work of another author and presented as one's own intellectual creation.
  

(2) eliminate criminal liability At.
  

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Art. 141 was modified by section 8 of article. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 141 ^ 1 (1) the manufacture, importation, distribution, possession, installation, maintenance or replacement, in any way, access control devices, be original, be pirate, used for services with conditional access, constitutes infringement and is punishable by imprisonment from six months to three years or by a fine.
  

(2) the Act of the person who is linked without or without connecting another person to services with conditional access constitutes infringement and is punishable with imprisonment from 3 months to 2 years or by a fine.
  

(3) use of public notices or electronic means of communication in order to promote pirate devices access control services with conditional access, and exposure to the public or in any way, without the law, the information required in ladies of any sort, agile, and to ensure that unauthorized access to the services of specified programs, conditional access, or intended to be unauthorized in any way to such services constitutes offences and are punishable by imprisonment from one month to one year or by a fine.
  

(4) the sale or rental of pirate devices access control shall be punished with imprisonment from one year to five years.
  

(5) for the purposes of this law, by pirate devices access control means any device whose production was not authorised by the holder of the rights recognized by this law in relation to a particular service of television programmes with conditional access, made for facilitating access to that service.
  

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Art. 141 ^ 1 was modified by point 9 of article. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 142 Repealed.
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Art. 142 was repealed by article item 118. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 143 (1) constitutes infringement and is punishable by imprisonment from six months to three years or by a fine deed the person without right, produces, imports, distributes, rents or in any way provide, for sale or rental, or possession, for marketing purposes, devices that allow the neutralization component times of technological measures of protection or providing services which lead to the neutralization of technological measures of protection or which neutralizes these technical protection measures including in the digital environment.
  

(2) constitutes infringement and is punishable with imprisonment from 3 months to 2 years, or with fine deed the person without right, removes, for commercial purposes, on the works or other protected products times change these any information in electronic form concerning copyright or neighbouring rights regimes.
  

— — — — — — — — — — — —-. (2) of article 9. 143 was amended by paragraph 10 of article 10. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
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Art. 143 was amended item 58 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 143 ^ 1 (1) No person shall be punished, most before they have begun criminal proceedings against the competent authorities, denouncing his participation in an association or arrangement to commit one of the offences mentioned in article 1. 139 ^ 6, thus enabling the identification and prosecution of other participants.
  

(2) a person who has committed one of the offences mentioned in article 1. 139 ^ 6 and, during the criminal investigation, denounces and facilitates the identification and prosecution of other persons who have committed offences relating to goods or pirate pirate devices, access control, halving of the limits of the punishment prescribed by law.
  

(3) if the persons who have committed offences envisaged by this law have repaired, until research in front of first instance court, the injury to the holder of the rights, the limits of the penalty shall be reduced by half.
  

— — — — — — — — — — — —-. (3) art. 143 ^ 1 has been changed from point 11 of article 1. 54 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
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Art. 143 ^ 1 [originally. (1) and (2)] was introduced by point 120 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 144 Repealed.
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Art. 144 was abrogated by article. XII of EMERGENCY ORDINANCE No. 190 of 21 November 2005, published in Official Gazette No. 1,179 dated December 28, 2005.


Article 145 Repealed.
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Art. 145 it was repealed by section 3 of article 9. 34 of the law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Title IV implementation of the law. Transitional and final provisions Article 146 shall enjoy protection under this law the following: a) works whose authors are Romanian citizens, even if they have not yet been brought to the attention of the public;
  

b) works whose authors are natural or legal persons having their residence or headquarters in Romania, even though they were not made known to the public;
  

c) works of architecture built on Romanian territory;
  

d) interpretations or executions performing artists performers who place times in Romania;
  

e) interpretations or executions performing artists performers who are fixed times in records protected by this law;
  


f) interpretations or executions performing artists of the time were not performers who set records, but are transmitted by a broadcaster broadcasts television protected by this law;
  

g) sound recordings or audiovisual works whose producer are natural or legal persons having their residence or headquarters in Romania;
  

h) sound recordings or audiovisual works whose first fixation on a material medium took place for the first time in Romania;
  

I) broadcasting and programs television issued by radio and television established in Romania;
  

j) radio programmes and television transmitted by transmitters based in Romania.
  

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Art. 146 was amended by article item 75. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 147 foreign natural persons or legal entities, holders of copyright or related rights, shall enjoy the protection provided for by the conventions, treaties and international agreements to which Romania is a party, and in the absence of treatment equal to that of Romanian citizens, provided they benefit, in turn, of similar treatment in the States concerned.
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Art. 147 amended item 61 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.


Article 147 ^ 1 in addition to the provisions of the present law may adopt regulations for the establishment of special measures, including the application and use of codes identifying the source, in order to combat the importation, production, reproduction, distribution or rental of goods pirate times pirate devices, access control, used for services with conditional access, as well as for the use of special marks in respect of the payment of compensatory remuneration for private copying.
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Art. 147 ^ 1 has been amended item 77 of the art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 148 (1) for the purposes of registration, as evidence, of works made in Romania, set up national register of works administered by the Romanian Office for copyright. Registration is optional and is done for a fee, according to detailed procedures and tariffs established by decision of the Government.
  

(2) the existence and content of a work may prove by any means of proof, including through its inclusion in the Repertoire of a collective management body.
  

(3) Authors and other rights holders or holders of exclusive rights of authors to which reference is made in this law, shall be entitled to enroll on the originals or authorized copies of the works, the exploitation, reported conforms, consisting of a symbol represented by the letter C in a circle, accompanied by their name, place and year of first publication.
  

(4) producers of sound recordings, performers and other owners of the exclusive rights of producers or performers of performing artists at times referred to in this law shall have the right to enroll on the originals or authorized copies of the sound recording or audiovisual times contained shell, booking their exploitation, reported conforms and consisting of the symbol represented by the letter P in the middle of a circle, accompanied by their name, place and year of first publication.
  

(5) evidence to the contrary, the exclusive rights shall be presumed, in accordance with established practice, reported by the symbols referred to in paragraph 1. (3) and (4) or through the particulars mentioned in article 1. 104 and 106 ^ 2, belong to the people who have used them.
  

(6) the provisions of paragraphs 1 and 2. (3), (4) and (5) no existence rights recognized and guaranteed by this law.
  

(7) the authors of works and rights holders, once with the inclusion of their work in the Repertoire of the collecting body, can record and literary or artistic name, for the sole purpose of bringing it to the attention of the public.
  

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Art. 148 was amended item 127 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 149 (1) legal acts concluded under the previous legislation all produce their effects in accordance with that, with the exception of clauses providing for the assignment of rights of use of all the works that the author may create in the future.
  

— — — — — — — — — — — —-. (1) of article 1. 149 was modified by item 128 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.

(2) this law shall enjoy the protection of works, including computer programs, interpretations or performances, sound recordings or audiovisual works, as well as the programs of broadcasting organizations and television made before entry into force of this law, under the conditions laid down in paragraph 1. (1).
  

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Alin. (2) of article 9. 149 was modified by item 78 of the art. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.

(3) the duration of the economic rights over works created prior to the entry into force of this Act and for which no deadlines have expired protection calculated in accordance with the procedures of previous legislation extends the term of protection provided for in this law. The extension shall take effect only as from the entry into force of this law.
  

— — — — — — — — — — — —-. (3) art. 149 was modified by item 128 of the art. 1 of law No. 285 of 23 June 2004, published in Official Gazette No. 587 of 30 June 2004.


Article 150 (1) tools, sketches, forms, manuscripts and any other goods which directly serve the realization of a work gives rise to a copyright may not be subject to enforcement actions.
  

(2) amounts due to authors, due to the use of their works, enjoy the same protection as their salaries and cannot be pursued only in the same conditions. These amounts are subject to taxation under the tax laws in the matter.
  

— — — — — — — — — — — —-. (2) of article 9. 150 was modified by item 62 of the art. in accordance with law No. 329 of 14 July 2006, published in MONITORUL OFICIAL nr. 657 of 31 July 2006.

(3) Repealed.
  

— — — — — — — — — — —-. (3) art. 150 was repealed by paragraph 1. (2) of article 9. 30 of law No. 146 of 24 July 1997, published in Official Gazette No. 173 of 29 July 1997.


Article 151 disputes relating to copyright and related rights are of the competence of the judicial organs, according to the present law and the common law.


Article 151 ^ 1 (1) the European Commission will be informed of the intention to adopt national provisions governing certain new related rights, including the essential reasons that justify the regulation of such rights, as well as the term of protection.
  

(2) shall be notified to the European Commission any national provisions adopted in the field governed by this law.
  

(3) will be forwarded to the European Commission's list of broadcasting organizations subject to the applicable provisions of article. 119 paragraph 1. (2) and (4) the Romanian Office for copyright is responsible for carrying out the communications referred to in paragraph 1. (1) to (3) by the European Commission.
  

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Art. 151 ^ 1 was introduced by the pct. of article 79. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 151 ^ 2 this law transposes the provisions of the following regulations: a) Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs, published in the official journal of the European Communities No. L 122 of 17 May 1991;
  

b) to Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, which was published in the official journal of the European Communities No. L 346 of 24 November 1992;
  

c) Council Directive 93/83/EEC of 27 September 1993 on the harmonisation of certain provisions concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, as published in the official journal of the European Communities No. L 248 of 6 October 1993;
  

d) Council Directive 93/98/EEC of 29 October 1993 harmonising 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 European Parliament Directive) and of the Council 96/9/EC 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 the European Parliament and of the Council 2001/29/EC 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 the European Parliament and of the Council 2001/84/EC of 27 September 2001 on the resale right for the benefit of the author of an original work of art, published in the official journal of the European Communities No. L 272 of 13 October 2001;
  


h) directive the European Parliament and of the Council Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights, published in the official journal of the European Communities No. L 157 of 30 April 2004.
  

I) Directive 28/2012/EU of the European Parliament and of the Council of 25 October 2012 in respect of certain uses of orphan works, published in the official journal of the European communities, L series, no. 299 of 27 October 2012.
  

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Lit. I) art. 151 ^ 2 was introduced by point 3 of article 1. in accordance with law No. 210 of 21 July 2015, published in MONITORUL OFICIAL nr. 550 of 24 July 2015.
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Art. 151 ^ 2 was introduced by the pct. of article 79. From the EMERGENCY ORDINANCE nr. 123 as of September 1, 2005, published in Official Gazette No. 843 since 19 September 2005.


Article 152 collecting societies which operate from the date of entry into force of this law shall be obliged to comply with the provisions of article 3. 125, within 6 months after the entry into force of this law.


The provisions of article 153 of this Act shall be supplemented by the provisions of general law.


Article 154 (1) this Act enters into force 90 days after its publication in the Official Gazette of Romania.
  

(2) on the same date shall repeal the Decree nr. 321 of 21 June 1956 concerning copyright law, as amended, and any other provisions to the contrary.
  

(3) within six months after the entry into force of this law, the methodologies referred to in art. 131 and 132 ^ 1, which concerns the minimum amount for local broadcasters, will renegotiate on the basis of the amendments made by this Act to comply with the proportionality with potential receptors watch you.
  

— — — — — — — — —-. (3) art. 154 was amended by section 3 of article 9. in accordance with law No. 261 of 3 November 2015, published in MONITORUL OFICIAL nr. 826 of 5 November 2015.

This law was adopted by the Chamber of deputies at its meeting on 19 February 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.

PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 20 February 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.

p. SENATE CHAIRMAN ION-CARLA-