Law No. 78 Of 8 April 1998

Original Language Title:  LEGE nr. 78 din 8 aprilie 1998

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Law No. 78 of 8 April 1998 for Romania's accession to the Convention for the protection of producers of Phonograms against unauthorized reproduction of their phonograms done at Geneva on 29 October 1971, published in Parliament ISSUING the OFFICIAL GAZETTE nr. 156 of 17 April 1998, the Romanian Parliament adopts this law.


The sole article Romania accede to the Convention for the protection of producers of Phonograms against unauthorized reproduction of their phonograms done at Geneva on 29 October 1971.
This law was adopted by the Senate at its meeting on 10 February 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. RADU VASILE, SENATE CHAIRMAN this law was adopted by the Chamber of deputies at its meeting of 9 March 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN Convention for the protection of producers of Phonograms against unauthorized reproduction of their phonograms) (October 29, 1971) * Translation of the Contracting States concerned about the increasingly expansion of unauthorized reproduction of Phonograms and of concern arising from it for the interests of authors, performers and producers of phonograms, convinced that the protection of producers of Phonograms against such acts will serve equally the interests of performers and the authors, whose works are recorded executions on phonograms, recognizing the value of their respective efforts in this area by the United Nations for education, science and Culture and the World Intellectual Property Organization.
pay attention not to prejudice in any way the international conventions in force and, in particular, to not hinder the wider acceptance of the Rome Convention of 26 October 1961, granting protection to performers and broadcasting organizations, as well as producers of phonograms, have agreed as follows: Article 1 Definitions for the purposes of this Convention by: a) phonogram means any fixation exclusively soundtrack sounds coming from an execution or of other sounds;
  

b) phonogram producer means the natural person or legal entity that holds the former sounds coming from a run or other sounds;
  

c) means a copy containing the sounds reflected directly or indirectly from a phonogram and which embodies all or a substantial part of the sounds fixed in that phonogram;
  

(d) distribution to the public) means any act whose object is to provide children, directly or indirectly, to the public generally or to any part thereof.
  


Article 2 the Contracting States ' Commitment. Protection criteria; the object of protection Each Contracting State undertakes to protect phonogram producers the directive of other Contracting States against the production of copies made without the consent of the producer and against the importation of such copies, if the production or importation is for the purpose of distribution to the public, and against the distribution of such as copies to the public.


Article 3 application of the Convention by the National Legislation of the Contracting States, each Contracting State shall set aside the means by which this Convention is to be applied and which will comprise one or more of the following: protection by means of copyright or other specific right; protection through unfair competition legislation; protection through criminal sanctions.


Article 4 term of protection the term of protection shall be granted to the national law of each Contracting State. However, if national law provides specific protection for a period, this length cannot be less than 20 years calculated from the end of the year in which the sounds embodied in the phonogram were first fixed or of the year in which the phonogram was published for the first time.


Article 5 Formalities when a Contracting State requires, under its national legislation, the completion of formalities by way of a condition for the protection of producers of phonograms, these demanding will be deemed as fulfilled if all the authorized copies of the phonogram, on which are distributed to the public, or that they contain shell carries a statement consisting of the symbol "P", accompanied by an indication of the year of first publication applied in such a way to show in a clear manner is reserved for protection; If the copies or their shell does not allow identification of the manufacturer, the holder of that right or the exclusive license holder (via the name of the brand or desemnari), you should also contain the name of the manufacturer, of the holder of that right or of the exclusive licence holder.


Article 6 limitations of protection of Any Contracting State which provides protection by means of copyright or other specific right, or even by means of penal sanctions, may in its national legislation, to provide for limitations on the protection of producers of phonograms, the same nature with those who are admitted in protection of authors of literary and artistic works. However there will be no compulsory license provided, unless the following conditions are met: a) reproduction is intended to be used exclusively for educational and scientific research;
  

b) license will not be valid only for the territory of the Contracting State whose competent authority has granted the license and will not extend to the export of children;
  

c) based on a license reproduction made for entitlement to an equitable remuneration, which shall be fixed by the said authority taking into account, among other items, the number of copies that will be made.
  


Article 7 protection of certain situations 1. Protection of copyright and related rights.
2. protection of performers.
3. Penalties.
4. The criterion of fixing.

(1) this Convention could not be interpreted in any way as limiting or affecting protection granted to authors, performers, producers of phonograms or broadcasting organizations on the basis of national laws or international conventions.
  

(2) National Legislation of each Contracting State shall determine, where appropriate, the extent of protection granted to performers whose execution is fixed on a phonogram, as well as the conditions under which they will enjoy such protection.
  

(3) any Contracting State is not obliged to apply the provisions of this Convention, as regards phonograms fixed before it between the provisions in force in relation to that State.
  

(4) any State whose national legislation in force on the date of October 29, 1971, ensure the protection of producers of phonograms only established depending on the place of first fixation may, by a notification deposited on the next Director general of the World Intellectual Property Organization, declare that it will apply this criterion instead of the nationality of the producer.
  


Article 8 of the Convention Administration (1) the International Bureau of the world intellectual property organization to collect and publish information concerning the protection of phonograms. Each Contracting State shall communicate to the International Bureau as soon as possible, the text of any new laws, as well as all official texts relating to this problem.
  

(2) the International Bureau shall supply to any other Contracting State shall, at his request, with information on matters relating to this Convention; It also carries out research and provides services designed to facilitate the protection provided by the Convention.
  

(3) the Office shall exercise the functions enumerated in international para. (1) and (2) above in cooperation, in respect of matters falling within their respective competencies, with the United Nations for education, science and Culture and with the International Labour Organization.
  


Article 9 of the Convention Modalities 1. Signing and filing of the Convention.
2 and 3. Access to the Convention.
4. conformity of national law with the Convention.

(1) this Convention shall be deposited with the General Secretariat of the United Nations. It remains open for signature until 30 April 1972, any State member of the United Nations, of one of the specialized institutions of the United Nations or of the International Atomic Energy Agency times part of the status of the International Court of Justice.
  

(2) this Convention is subject to ratification or acceptance of the signatory States. It is open to accession by any State referred to in paragraph 1. (1) of this article.
  

(3) instruments of ratification, acceptance or accession shall be deposited with the Secretary-General of the United Nations.
  

(4) it is understood that, at the time a State becomes a party to this Convention, it shall be insofar as its internal law, to apply the provisions of the Convention.
  


Article 10 no reserve no Reserve is allowed at this Convention.


Article 11 entry into force and applicability of the Convention 1 and 2. Entry into force of the Convention.
3 and 4. The applicability of the Convention to certain territories.

(1) this Convention shall enter into force three months after the filing of the fifth instrument of ratification, acceptance or accession.
  


(2) with regard to the State which ratified or acceded to this Convention or acceding to it after the deposit of the fifth instrument of ratification, acceptance or accession, this Convention shall enter into force three months after the date on which the Director general of the World Intellectual Property Organization informs the States, in accordance with art. 13(2). (4) filing of the instrument.
  

(3) Any State may, at the time of ratification, acceptance or accession, or at any time thereafter, declare by written notification addressed to the Secretary general of the United Nations that this Convention is applicable to all or any of the territories for whom they provide international relations. This notification shall become applicable three months after receiving them.
  

(4) the preceding paragraph cannot be interpreted in any case as implying the recognition or tacit acceptance, by any of the Contracting States, the situation of any territory to which the present Convention is applicable, due to another Contracting State on the basis of the above paragraphs.
  


Article 12 Denunciation (1) any Convention Contracting State may denounce this Convention, either in its own name or on behalf of either of the territories Assembly art. 11(2). (3), by written notification addressed to the Secretary-General of the United Nations.
  

(2) Denunciation shall become applicable from 12 months from the date on which the Secretary-General of the United Nations has received the notification.
  


Article 13 Languages and notifications Convention (1) this Convention shall be signed in a single original in the Dutch, English, Spanish, French and Russian languages, the four texts having equal validity.
  

(2) official texts shall be established by the Director general of the World Intellectual Property Organization, after consultation with the interested Governments, in German, Arabic, Italian, Dutch and Portuguese.
  

(3) the Secretary-General of the United Nations Organization notice the Director general of world intellectual property, Director-general of UNESCO and the Director-general of the International Labour Office: a) the signatures of this Convention;
  

(b) the deposit of instruments of ratification), acceptance or accession;
  

(c)) date of entry into force of this Convention;
  

d) any declaration notified pursuant to article 13. 11(2). (3);
  

e) receipt of notifications of denunciation.
  

(4) the Director general of the World Intellectual Property Organization shall inform the States referred to in article 1. 9 para. (1) upon notifications received concerning the application of the preceding paragraph, and the declarations made pursuant to article 13. 7 para. (4) he shall also notify the respective statements of the Director-general of the United Nations Organization for education, science and Culture and the Director general of the International Labour Office.
  

(5) the Secretary-General of the United Nations shall transmit two certified copies of this Convention to comply, States referred to in article 1. 9 para. (1).
  

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