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Law No. 596 Of 24 July 1946 For Ediţiune Contract And Copyright In Literary Matters

Original Language Title:  LEGE nr. 596 din 24 iulie 1946 pentru contractul de ediţiune şi dreptul de autor în materie literară

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LEGE no. 596 596 of 24 July 1946 for the contract of publication and copyright in literary matters
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 169 169 of 24 July 1946



+ Chapter I General provisions + Article 1 The contract of publishing in literary matters is the contract by which the author of a work of creation, criticism, history or literary monograph, or his successors, grants to a natural or moral person, referred to as editor, in exchange for a price, his right public and sell the opera. + Article 2 The minor author, who has reached the age of 18, has the ability to conclude all legal acts regarding the work created by him and to exercise the actions, which derive from them. The minor author, who has not reached the age of 18, as well as the legal ban, will conclude the personal contract, with the consent of his parent or guardian. In case of refusal of the latter, the contract will be concluded with the authorization of the court, guardianship. + Article 3 By the publishing contract: a) The author is obliged to provide the publisher with a specific work, guaranteeing them for the duration of the quiet contract of the assigned rights; b) The publisher is obliged to publish the work, to spread it and to sell it, watching and abiding in respect of the moral and material interests of the author, in relation to that edition; he is still obliged to give the author the reckoning and to pay the price, in the conditions of the contract and in compliance with the provisions below. If the contract provides, the work can be printed under a pseudonym or anonymous. + Article 4 Under the sanction of absolute nullity, the contract will be concluded by written act. The inscription must be targeted by the Society of Romanian Writers, before any execution of the obligation of either party. The Society of Romanian Writers, is obliged to target the submitted document, according to art. 69 69 and 70, within 15 days of his registration. If within the period provided for by the previous paragraph, the Romanian Writers ' Society does not communicate the visa refusal, the respective contract shall be considered to be of right concerned, without any other + Article 5 From the moment of conclusion of the contract, the parties have the rights and obligations stipulated in the contract and those shown in this law The publisher cannot download its bonds by paying the price. + Article 6 Any contract of publication concerns only one edition; the contract that would exceed this provision is of law reduced only to a single edition. The total divestment of a work is null and void. + Article 7 If the contract has as its object works that have not yet been created, the contract is void, if it does not provide for a time limit; the time limit cannot exceed three years. + Article 8 The author cannot give up in any way to the exercise of his personal rights, arising from artistic creation. + Article 9 Any clause in a contract of a nature shall prejudice the rights of the author; the translator or the Society of Romanian Writers shall be void and replaced by law by the corresponding provisions of this law. If such a clause was for the author or translator the impulsive and determining cause of the conclusion of the contract, the entire contract is null. + Article 10 Oridecateori is in this law of consent of a party, it must be express and in writing. + Chapter II Contract performance + Article 11 The author is obliged to teach the work in such a way, that it can be printed without difficulty. The way, the state and the teaching time will differ according to the nature of the works, according to the contractual clauses or the use. + Article 12 If the author does not hand over the work until the agreed deadline, the publisher will have to notify the author of a new term of surrender, which may not be closer than 1/3 of the first agreed term. If the author teaches the work until the expiry of this second term, the contract shall not be terminated. The publisher may request, only after editing, damages for the possible damage caused by this delay. If the author does not hand over the work even to the new notified term, the publisher may request the termination of the contract The preceding provisions shall also apply to contracts providing for in-rate surrenders for each partial surrender period. The author cannot be compelled to perform the work. + Article 13 The editor can return the manuscript in the state in which it will be located after printing. + Article 14 The author has the right and obligation to correct the printing errors, according to the use. The author is obliged that after two corrections and in a suitable term, to teach the good to print, dated and signed, the publisher can proceed to print and without this formality, only after he has put the author in delay and he has not fulfilled obligation. The author can introduce any changes, with the condition of not altering the character of the work. The author will not bear the expense increase caused, if this increase does not exceed 20 percent of the expenses that would have been necessary for the printing of the unmodified work. + Article 15 If the publisher does not publish the work within one year of its receipt, or before the fulfillment of this term, it shows that it will not execute the contract, the author is entitled to ask, either to terminate the contract, with damages for moral and material damage attempted, either the execution of the contract by the publisher or in his account, osebit by the damage caused by delay. + Article 16 The action of the author introduced in the 15 will not be admitted only in case the publisher will be defended by force majeure or fortuitous case. + Article 17 In the absence of a contractual clause, the publisher sets the sale price alone, conforming to the use and taking into account the cost of the analogous publications, in such a way, that the work is not depreciated and not to impiedece its sale. + Article 18 The sale price will be modified only with the consent of the author. The author has the right to his share determined by the increase in the price, for all copies still on sale. The foregoing of this right is null and void. Also, it cannot be stipulated in advance to sell the edition, in whole or in part, at the balance or at lower price than the fixed one. + Article 19 If at 4 years from the appearance of the book there is still unsold a stock of books of more than 15 percent of the initial circulation: a) The author will have the right to buy this stock in whole or in part, with 50 percent of the price he would have paid according to art. 26 26; b) The publisher will collect the Directorate of Liths of the Ministry of Arts, so that the remaining stock can be sold in total or in part to public libraries, with 50 percent of the price per car they pay to the bookstores. In order to fulfill the previous provisions, the publisher is obliged to return to its deposits the remaining stock. On the 5th anniversary of the appearance of the book and only after the exhaustion of the horses, provided in points a and b of this article, the publisher has the freedom to maculate the remaining volumes, if the Society of Romanian Writers agrees. In case negative, the publisher will be able to, maculate the volumes only after passing a year from the special knowledge made to the Society of Romanian Writers, according to the previous paragraph. + Article 20 The edition will be drawn in the number of copies stipulated in the contract. + Article 21 The author has the right to control the circulation and during the printing. + Article 22 The publisher will notify the Romanian Writers Society the termination of the printing operation, after which the entire edition, numbered, will be stamped. The Society of Romanian Writers is obliged to send its delegate to stamping within 5 days off, from receiving notifications. In the province, the notification provided for in the previous paragraph will be made to the representative of the company, designated by her on the occasion of If, after the expiry of the 5-day period, the delegate of the Society of Romanian Writers does not appear to be stamped, this visa will be replaced by the application of the author's personal paraphher For this purpose, a duplicate of the notification communicated to the Society of Romanian Writers will also be communicated to the author, with the invitation to appear at the publishing house, to put his paraphernalia in case the Company would not send its delegate within the five days notified. The term of presentation of the author for the initialling is 3 days off from the expiry of the 5-day period provided for in paragraph 2. The operation of the stamping or initialling will be found by a minutes signed by the publisher and the delegate of the S.S.R., or in its absence, by the author. If within this period of 3 days, the author has not presented himself to put his paraphernalia, the publisher has the right to sell the opera only numbered, provided that he notifies the Romanian Writers Society in advance. + Article 23 For the press and radio service and for the fulfilment of the legal deposit obligations will be drawn, above the number indicated in the contract, another number of copies in the proportion of at least 1/20 and maximum 1/10 of the edition. These copies will also be numbered and stamped or paraphed; they will not be priced on the cover. They will be distributed free of charge by the editor, agreeing with the author The author is entitled, for the performance of his personal obligations, to 1/4 of the number of these copies, without any payment + Chapter III Spread, advertising + Article 24 The publisher is obliged to provide the work with the widest spread, as well as an advertisement conforming to the nature of the work. In no case, the advertising expenses made by the publisher can be attributed to the author. + Article 25 From the deposit of the publishing house or any other, the specimens will be removed only in their numerical order. Errors in a group of 200 copies are not sanctioned. The publisher and the depositaries, under any title, are obliged to have the up-to-date record of the places where the specimens were sent. + Article 26 The publisher is obliged to make available to the author, with the price they pay to the bookstores, the copies in the course of sale, the author having any right to redeem them in total or in part. The copyright will also be deducted. The copies in the bookstores will be withdrawn by the editor at the request of the author, when he wants to redeem them, only if the author has recorded the price. + Chapter IV Minimum material rights of the author + Article 27 The price due to the author can only be stipulated in the form of a percentage stake on the sale price to the public of the copies sold, without this percentage being able to be set below 20 percent. For critical editions, the commentator's due price cannot be set below 10 percent; also for anthologies. The payment of the amounts due to the author will be made at the latest within 10 days from the date on which the account must be communicated, according to art. 30. The payment of all minimum money rights, provided in this law, will be valid only by submitting the amounts due to the author, to the Romanian Writers 'Society or to any bank, institution or company similar to the Writers' Society Romans, indicated by society. No insurance or tracking measure can be set up on minimum monetary rights due to the author under the publishing contract, apart from those for rent debts, salaries due to service people and pensions. Food. In these exceptional cases, the insesisability only hits 1/3 of the rights. The minimum monetary rights cannot be transferred, in whole or in part, to the settlement of the claims listed in this paragraph and only up to a third. S.S.R. and those indicated by the company, according to paragraph 4, may refuse payment in the hands of a trustee of the author, when he would have the presumption that the mandate could hide an assignment or a fraud to the law. It shall be null and void of any pursuit or assignment made against the provisions of paragraph 5. Any other payments made in a way other than by the filing shown in paragraph 4, will be considered honorarium supplements above the minimum shown in this law. He will not be admitted to any evidence to the contrary. + Article 28 For the texts of works shown in art. 1, including those entered in the public patrimony, totally or partially reproduced, in the Romanian language teaching textbooks, for the over-primary and secondary education, the publisher will spill to the Society of Romanian Writers 25% of the rights of the author the manual, regardless of the velvet of reproductions. From this fund the Society of Romanian Writers will pay the authors of the reproduced texts. For the texts of works shown in art. 1, totally or partially reproduced in anthologies, the publisher will shed to the Society of Romanian Writers an equal share with that due to the preparation of the anthology. From this fund, the Society of Romanian Writers will pay the authors of the reproduced texts. For the reproduction of an anthology of a work defined in art. 1 of this law, authorization of the authors in life is necessary. For the works of the deceased authors, not yet in the public patrimony, this authorization will be given by the Society of Romanian Writers. + Article 29 The payment of the price due to the author is guaranteed by a general privilege on the movable property of the publisher, which will be rank immediately after the one provided by art. 1.729, paragraph 4, civil code. + Article 30 The author can ask, every three months, to communicate the account of an edition. He has the right to research the books of the publisher, provided by art. 22 commercial code, in the parties regarding the performance of his contract, as well as all the elements that would help him control the accuracy of the account, such as orders, invoices, accounts and correspondence with bookstores. The term of three months shall be counted from the date of the minutes, concluded according to art. 22, paragraph penultimate. In case of art. 22, last paragraph, the time limit shall be counted from the date of notification of the sale. The publisher is obliged to communicate to the author, who has not exercised the rights provided for in the first paragraph, the respective account every six months, namely during the months of January and July of each year. The same obligation has the publisher and the exhaustion of each thousand copies. The publisher is obliged to communicate to the author, the numerical situation of the work, regardless of whether the copyright is paid at that time. + Article 31 The publisher has the duty to liquidate its accounts with bookstores within one year from the date of remission of the work for sale. In the event of non-compliance, the respective part of the edition will be counted sold and the pecuniary rights of the author become chargeable, regardless of the stipulations between the parties. The insolvency of booksellers only concerns the editor. + Chapter V Reprints + Article 32 An edition is considered exhausted by the sale or lack of 85% of the number of copies that have been printed. In case of art. 34, this percentage is reduced to 75%. The shortcomings are in the editor's account, if it is not defended by force majeure or fortuit case. The part of the edition for which the accounts between the publisher and the booksellers were not liquidated within the 1-year period is counted sold. + Article 33 When the edition is not yet exhausted according to art. 32, the author may contract a new edition with another publisher, only if: a) It has the consent of the first editor, or b) It is found that the publisher does not spread it, which will be established at the request of the author, according to 67 and 68 of the law's acceleration law, with the reader's citation. + Article 34 The author does not have the right to include in an edition of his complete works the works edited and not yet exhausted unless it has been five years since the publication of the last edition or in the cases shown in the previous article. + Chapter VI Contract termination + Article 35 The publisher may not assign a contract to another publisher without the author's authorization, except in the case of sale of the entire trade fund. Even in this case, the author will be able to terminate the contract within one month from the date of notification of the sale of the trade fund, if the work is not yet printed, without being able to pay any compensation. + Article 36 The publisher's bankruptcy fully attracts the termination of the contract. If the work is carried out, the author or in the absence of the Society of Romanian Writers, has the right of preemption to its sale on the occasion of the liquidation of the bankrupt mass of the publishing + Article 37 The death or putting of the author under prohibition does not attract termination of the contract unless they intervene before the end of the work If the author dies or is unable to finish the work, after a significant part of it has been composed and taught, the contract shall not be terminated unless the author has indicated his will that the work be printed only in its entirety. His successors can manifest such a will only with the opinion of the Committee of the Society of Romanian Writers, that the printing of this part would have value or damage the name of the author. If the resolution took place at the request of the author or the successors, the publisher has no right to any compensation; the unfinished work cannot be the subject of another publishing contract, under the penalty of damages in favour of the first publisher. If the publisher is a natural person, his death before the start of printing, attracts the termination of the contract only if the author notifies it within two months of the date, when the heirs have entered possession. The notification will be made at the last premises of the publisher. + Article 38 When printing or spreading a work is stopped by an administrative act or court decision, the contract shall be terminated if the stop is extended in three months. The author will have to refund the amounts collected early as copyright, for unsold copies. + Chapter VII About translations + Article 39 Translations of works shown in art. 1, can only be made by the members of the Society of Romanian Writers, except provided for in art. 43. The translations made by the members of the Society of Romanian Writers, will be targeted by the Society of Romanian Writers, before being edited. + Article 40 The translations will be made from the original language. If the work to be translated is written in a language for which no known literati is presented, the translation will be made from a universal language of circulation. + Article 41 All processing is and remains considered translations. It will always show on the inner cover the author and the work after which the processing was done. + Article 42 Any translation must have mentioned on the inside cover the title of the original work and, the edition after which the translation was made. Translation will retain the original title. In case of difficulty, a title will be chosen that will keep its meaning. + Article 43 By exception to art. 39, the publisher can hire as a translator and a person who is not part of the Society of Romanian Writers. For each work, this translator will have in advance the authorization of the Society of Romanian Writers. + Article 44 The translations made from those shown in art. 43 43, al. 1, will be submitted, in manuscript together with the edition of the foreign opera at the Society of Romanian Writers. The Society of Romanian Writers will designate, within 10 days from the date of submission, a member of or who will check the manuscript. The literary verifier will give his opinion in a term fixed by the minutes of designation, a term appreciated by the nature and size of the work and which, will be communicated to both the translator and the publisher. Based on the negative opinion of the verifier, motivated in writing, the Society of Romanian Writers can stop printing by not giving that visa. Such a decision can be appealed to the Union of Artists, Writers and Journalists Unions. No translation can be printed without the print visa of the Society of Romanian Writers. On the inner cover will show the number of the print visa. + Article 45 The publisher will spill to the Society of Romanian Writers, with the submission of the manuscript of the translator employed according to art. 43 an amount equivalent to 15 percent of the translator's control, according to art. 47. The publisher will pay a same percentage of the remaining rights to the translator, according to art. 47. This amount represents the equivalent of the contributions and tasks of the members of the Society of Romanian Writers, within The publisher will retain it from the translator's share. If the printing is stopped, according to art. 44, all amounts paid according to this article, remain acquired by the Society of Romanian Writers. The publisher will spill the same percentage for all the same works. + Article 46 Romanian Writers Society can appreciate the sincerity of the contract with the translator. + Article 47 Translators of the works shown in art. 1 and printed theatre plays, will receive 10 percent in relation to the number of copies of the edition and the sale price printed on the book. The payment of the rights of translators will be made: 2 percent at the signing of the contract, 3 percent upon handover of the manuscript and the remaining 5 percent on the measure of sale. For translations into the lyrics, the fee will be 15 percent and the payment will be made: 3 percent, 4 percent and then 8 percent. The translators have every new edition, all the rights shown for the first edition. The quotas in this article are minimal. + Article 48 All provisions concerning original works and authors are also applied to translations and translators. + Article 49 If the percentage due to the foreign writer, according to the contract, together with the 10 percent share due to the translator, totals a percentage less than 20 percent, the difference up to 20 percent will be paid by the editor to the Society of Romanian Writers. This article is not applicable to translations of works entered in the public patrimony. + Chapter VIII Rights of authors and dramatic translators + Article 50 Apart from the texts of the present-law, which include express provisions regarding dramatic, original works or translations, are still applicable to the relations between the authors and the dramatic translators, the Society of Romanian Writers and theatres or the organizers of occasional performances or tours and the texts of this law under the Chapters: XI, XII and XIII, and art. 2 2, 5, 7-11 inclusive, 13, 27, paragraphs: 4, 5, 6, 7 and 8, 29, 35, 36, al. 1 1, 37, al. 1, 39, 40, 42, al. 2 2; 44. al. 1 and 2; 46 and 65, in which the articles, the words "edition" and "editing", are replaced by the word "season", the word "editor" is replaced by the word "theatre" and the words "print" as "printed" and "publishing" are replaced by the word representation (and "represented"). Also applicable are the provisions of art. 3, 4, 6, 12, 38, 41, 43 and 45, with the following changes, apart from those shown above: a) In art. 3, the first sentence of sub-item b, is replaced by: "the theatre undertakes to represent the work, watching and stirring up the respect of the moral and material interests of the author"; b) In art. 4, the term of 15 days is reduced to 5 days; c) In art. 6, as in the others in which it must be the term equivalent to an edition, it will be the "season of premiers and the next season"; d) In art. 12, the words: "after the editing", shall be replaced by: "after the season in which the song was represented for the first time", paragraph 5 is applicable; e) In art. 38, the words: "for unsold specimens", shall be replaced by: "for performances that have not taken place"; f) In art. 41, the words: "on the inner cover", are replaced by "on the poster and in the program"; g) In art. 43, a last paragraph is added: the theatrical translators are no longer obliged to have prior authorization imposed by the previous paragraph, after having represented three translations of parts in three acts, made under the regime of the present law, in series of minimum 25 shows. h) In art. 45 45, the words " art. 47 ", shall be replaced by" art. 56 56 ". + Article 51 If the theatre does not represent the original work within the term shown below, or before the fulfillment of this term, shows that it will not execute the contract, the author has the right to request either the termination of the contract with damages for moral and material damage tried, either the execution of the contract, osebit by the damage caused by delay. The term will not be longer than the ongoing season at the time of signing the contract and the next season. For the State theatres this term is extended by another season. The author's action, introduced on the basis of this article, will not be admitted only in case the theatre will be defended by force majeure or fortuitous case. In case of bankruptcy or termination of the theatrical enterprise following the death of the owner of the individual firm, the contract is terminated. + Article 52 The State, communal and county theatres will pay Romanian dramatic authors a minimum of 20 percent, from the gross recipe of the show. Subsidized private theatres, whether or not they are permanent, will pay a minimum of 15 percent of the gross recipe. All other theaters will pay a minimum of 10 percent of the raw recipe. For the operetta and magazine librets, a minimum of 5 percent of the raw recipe will be paid. + Article 53 All theatres will pay the translator a minimum share of 3 percent for translating pieces into prose and 8 percent for translations into lyrics. For the operetta and magazine librets, the translators will receive a minimum share of 3 percent. All odds are on the show's raw recipe. + Article 54 If the rights paid to the author of the piece together with the translator's share exceed 11 percent for prose translations, respectively 16 percent for translations in verse, the percentage due to the translator will be reduced, so that the total does not exceed 11 percent and 16 percent, respectively. By applying this article, the translator's share cannot in any case be reduced below 2 percent and 7 percent, respectively, for translations into verse. + Article 55 If the rights paid to the author of the piece together with the translator's share total a percentage less than 10 percent for prose translations, respectively 15 percent for translations in verse, the theatre will spill, at the Society of Romanian Writers difference up to 10 percent and 15 percent, respectively, for translations into verse. This provision is not applicable if the original part is entered in the public patrimony. + Article 56 Translators will receive as minimal acont on their rights: a) When signing the contract 10 percent of the maximum gross recipe of the respective theatre; b) At the handover of the manuscript the translation still 15 percent of this recipe. The rest of the translator's rights will be paid for representation. + Article 57 In order to determine the amounts on which the shares of authors and translators are calculated, only the rights due to the Ministry of Finance will be deducted from daily recipes, as a tax on the performances + Article 58 All provisions relating to original authors, as well as those that protect their rights, are also applicable to parts translators. + Article 59 Tournament organizers or occasional shows have all the duties shown in the present law as the theatres. For tournaments, the minimum percentages due to original authors are reduced by 40 percent and those due to translators by 30 percent. + Article 60 When represented in the same show several dramatic works, the respective rights will be established on the basis of the number of acts of the songs. If an occasional show has other artistic or cultural events in the program, the quota for the calculation of the rights shown in this chapter will be determined by the General Direction of Theatres. + Article 61 Occasional performances given by schools or school organizations, by non-profit legal entities or by Trade Unions being part of the General Confederation of Labor, are not applicable to the provisions of this law, which fix quotas minimum copyrights or translator. + Article 62 The rights of the author, translators and the Society of Romanian Writers will be liquidated weekly, in compliance with the provisions of art. 27. Theatres will communicate the situation of prescriptions through the General Directorate of Theatres, without the need for any summons or delay. The National Theatres will communicate once a month directly to the authors or translators these situations, without the General Directorate of Theatres. + Article 63 Theatres cannot retain a foreign play more than a season without playing it. If it is not played in the course of a season, the detention is cancelled by law. No theatre can retain a larger number of original or foreign songs than double those played in the previous season. For the first year of activity of a theatre, this number will be fixed by the General Direction of Theatres, by comparison with similar theatres. + Chapter IX Common provisions + Article 64 In the course of a calendar year no one can sign more than three translations for publishing houses and 3 translations for theatres. Only translations fully printed in brochures up to 96 pages are exempted from the restriction mentioned in the previous paragraph. Also the translations of the pieces represented only in the performances shown in art. 61. + Article 65 At the conclusion of a contract and throughout its execution, the author may be accompanied or represented by a delegate of the Society of Romanian Writers. This delegate cannot make acts that prejudice any right of the Society of Romanian Writers, or to constitute a recognition over the Society of Romanian Writers. + Article 66 For the original works or the translations entered in the public domain the publisher will pay 5 percent of the sale price of each edition, and the theatres will pay 2 percent of the recipes of the performances according to art. 57. These quotas will be paid to the Society of Romanian Writers, applying all the provisions regarding the copyright or translator of this law. + Article 67 The translated subtitles of foreign film films intended to be represented in Romania will be literary verified, after the procedure shown in Chapter VII. The fee fee for this verification will be determined by the decision of the Ministry of Arts, given following the proposal of the Romanian Writers ' Society. + Chapter X About authorisations + Article 68 Publishers and theatres continue to exist on the basis of the law, with the obligation to communicate to the Society of Romanian Writers their legal existence and all data for the application of the present law, within a period of one month from the publication of the law. The publishing houses and theatres that will be established after the publication of the present law, will have to make this communication to the Society of Romanian Writers, before the start of their activity. + Article 69 All the edits of the works provided in art. 1, including the works entered in the public patrimony, as well as all the theatrical performances, will have to satisfy, in advance, the requirements of art. 4 of the present law. For works (i.e. translations), entered in the public patrimony, a form completed with all the usual data in a contract will be submitted. + Article 70 Apart from the case of art. 71, the Society of Romanian Writers cannot refuse its visa, except in the case of calming the provisions of this law, or in the case of not satisfying its rights. In the same cases, she may also refuse a visa to print or represent translations. Publishers and theatres will pay the Romanian Writers Society a visa fee of 4%, calculated in relation to the amount due to the author, respectively to the translator, as their payment. Publishers and theatres will retain from the amount paid to the author, respectively the translator, the half of this tax. + Article 71 If three court decisions of conviction, according to art. 84, would find that in a period of one year, it was committed three crimes, shown in the capital XI of this law, or by the law of artistic and literary property, the Society of Romanian Writers will not give any visa from those shown in art. 4 and 44, for one month, the theatre and three months, the respective publishing house. For theatres, the term of one month flows from the last performance of the play in progress on the date of receipt of the notification, whereby the Society of Romanian Writers communicates the application of the above sanction. For the pieces not yet played, the visas received early are suspended later this month. During this month, the theatre will only be able to represent plays that were played in that season. If the season has been started for less than 3 months, the theatre will also be able to play parts represented during the previous season. The term of one month started will extend by the time a theatre interrupts its activity. During the 3 months, shown in paragraph 1, that publishing house will not put into circulation any new edition. The provisions of the preceding paragraphs are applicable and if one, two or all three decisions shown in paragraph 1, are of a different nature than criminal and by them a theatre or publishing house was obliged for the ironing of any contractual provision or dispositions of this law or of the law of literary and artistic property. In this case, the sanction rises if the theatre or publishing house has since executed all the decisions. In the cases provided for in this Article, art. 4 4, al. 4, no longer has its application. + Chapter XI Procedural provisions + Article 72 Criminal cases, whatever the qualification of the fact, are the competence of the correctional courts. The contraventions will be tried, in the first and last instance, by the court, with appeal to the Court of Appeal. All the causes, deriving from this law, will be adjudicated with urgency and prefall on the other processes. Civil cases will be tried in the Council Chamber; the first-instance decisions will be handed down with provisional execution. + Article 73 The president of the court, even before entering the trial of the substance of the matter, can order measures the conservatives and take the necessary measures to prevent further or restarting the inferred fact. The taking of these measures never signs the prejudging of the fund. + Article 74 The authors, translators and Society of Romanian Writers are not obliged to bail for taking the measures shown in the previous article, as well as those for ensuring and pursuing their rights. + Article 75 The Ministry of Arts has the right to control, through its delegates, the application of this law. Publishers and theatres are obliged to provide these delegates with the necessary elements for carrying out their commission. The findings of the delegates, recorded in minutes, approved by the Ministry of Arts, will prove before the Justice until proven otherwise. Based on these minutes, the courts will be able to be directly notified by any of the interested parties. + Article 76 The Society of Romanian Writers is considered lezata for any prejudice to the rights of a member of or or the ironing of any provision of public order or protection from this law. + Article 77 Admitting an expertise, the court will appoint an expert and an assistant to him, from a special list communicated by the Society of Romanian Writers, for this purpose, at the beginning of each judicial year. The court will take the oath and this assistant and he will record his views in a separate report. If the conclusions of the assistant's report are contrary to the expert's report, the court will admit that a counter-expertise will be made by three experts, with the obligation to examine the views of the assistant's report. + Chapter XII Criminal provisions + Article 78 It is sanctioned with a civil fine of 20,000 lei to 200,000 lei, for the benefit of the Society of Romanian Writers, non-compliance with any provision contained in art. 35, paragraph 1, and art. 39, paragraph 1, of this law. + Article 79 They are considered contraventions and are punishable by police imprisonment from 10 to 30 days and police fine from 1,000 to 10,000 lei, the following facts: a) Failure to comply with any provision contained in art. 33 33 and 34; b) Refusal to receive the delegation of the Society of Romanian Writers or to prevent it, by any means, to fulfill its duties; c) Failure to comply with art. 26 26, 28, al. 3 3 and 4, and art. 30 30, al. 3 3 and 4. + Article 80 It is the crime of abuse of trust and is punishable by correctional imprisonment from 6 months to 2 years and correctional fine from 10,000 to 100,000 lei, the fact of selling an edition, totally or partially, at the balance or at a lower price than the fixed one, without consent of the author or translator. + Article 81 It is the crime of deception and is punishable by correctional imprisonment from one year to three years and the correctional fine of 20,000-200,000 lei, the following facts: a) The putting into circulation, in any way, with any title and in any quantity, of copies of an edition, without the specimens being numbered and stamped or initialled, according to art. 22 22; b) Printing of a number of copies of an edition above the number shown in art. 20 20 and 23; c) Communication of editorial accounts or theatrical recipes, including false data or accounts; d) Inducting or misleading, concealing and in general the use of any means, workings or dol, on the occasion of the conclusion or in the course of the execution of a contract, such as to attract the reduction of the rights established in this law or by contract; e) Inducation or maintenance in error, concealment and in general the use of any means, workings or dol, in the execution of art. 65 65; f) Failure to receive the delegations of the Ministry of Arts, or to conceal or not make available to them the required elements or those necessary to carry out their assignment, to induce or maintain them in error and in general the use of any means, works or dol, in the course of the execution of their assignment. + Article 82 They also constitute crimes and are punishable by correctional imprisonment from two to six months and the correctional fine from 10,000 lei to 50,000 lei, the following facts: a) Printing of any works translated by those shown in art. 43 43, al. 1, without the work having had prior the editing visa from the S.S.R., according to art. 44 44; b) Representation and in general the spread, by any means, of any work translated by those shown by art. 43. al. 1. without the work having had prior the visa of representation or broadcasting from the Society of Romanian Writers, according to art. 44 44; c) Failure to comply with art. 4 4, al. 2 2; 22, al. 6 6 and 7; 25, 41, al. 2 2; 43, al. 2 2; 63, al. 2 2 and 67; d) Non-performance, non-receipt or prevention of the author to exercise the rights provided for in art. 21 21 and 30, al. 1 1; e) Maculation of volumes, without compliance with art. 19 19; f) Failure to comply with art. 90, within a period of one month from the beginning of operation; g) Ironing of any restriction from the shown, to art. 71, during the application of the sanction in art. 71. + Article 83 In open actions, according to the provisions of this chapter, except for those opened on the basis of art. 78 whatever the punishment handed down by the conviction decision, the court will always pronounce the obligation to pay jointly and indivisibly a civil fine, for the benefit of the Society of Romanian Writers, of 20,000 lei to 200,000 lei for art. 79, lei 30,000 to 300,000 lei for art. 82, from 100,000 to 500,000 lei for art. 80 and lei 200,000 to 1,000,000 lei for art. 81. The civil fine will be handed down, independently of civil damages, granted to any party and even in the trials in which the Romanian Writers ' Society is not constituted a civil party. + Article 84 All actions based on the provisions contained in this chapter, will be directed against employers, businesses, tournament organizers or occasional shows or against the legal representatives of those companies. Those shown above will not be defended by punishment, unless only if the court determines that the actual perpetrators who committed the crime, did it from an interest of their own. Otherwise, they will be punished, either as authors or as instigators, along with the actual authors. + Article 85 For all the offences provided for in this chapter it is sufficient to find the fact, whether or not it was committed with intent. + Article 86 As regards the theatres, the sanctions provided for in this chapter will be applied both, taking into account art. 50. + Article 87 Any conflicts between writers, translators or the Society of Romanian Writers, on the one hand and editors or theatres, on the other hand, deriving from the situations for which this law does not provide for specific provisions, will be liquidated by decisions of a Commissions of arbitrators, made up of a delegate of the Society of Romanian Writers, a delegate of the Association of Romanian Publishers or of that theatre, as arbitrators, and a delegate of the Ministry of Arts, as an over-referee. These commissions cannot decide on money conflicts. + Chapter XIII Transitional and final provisions + Article 88 The Society of Romanian Writers is recognized by the effect of the present law, as being of public utility. + Article 89 Until the merger of the Society of Romanian Writers with the Society of Romanian Dramatic Authorities, the Romanian Writers Society will belong to the Society of Romanian Dramatic Authorities, in all the reports between the authors and the dramatic translators. on one side and theatres on the other, on the application of this law. + Article 90 The loan libraries are obliged to have, in a proportion of 10% of the total volumes and original works in Romanian from those shown in art. 1. Libraries existing at the time of publication of the present law will fulfill this obligation, within a period of two months from the date of publication. Failure to fulfill the obligation in this article is also sanctioned with the removal of the company from the books of the Chamber of Commerce, at the request of the Romanian Writers ' Society, accompanied by a finding of a delegate of its own, apart from the application of 82. + Article 91 For the three-year period that will follow the exchange of ratification of peace treaties, translations can also be made according to the version published in a language other than the original one, if the Romanian Writers ' Society does not provide the party interested, within thirty days from its request, the respective text in the original language. + Article 92 The provisions of this law shall apply from the date of its publication, to all contracts. Only with regard to the formalities for the conclusion and visa of contracts and the application of minimum monetary rates, I am an exception: a) The editions of the original works that will be put into circulation, within one month from the publication of the present law; b) Representation of original theatrical works or translations, which will be given within a period of one month from the publication of this law; c) Editions of translations that will be put into circulation, within three months from the publication of the present law. + Article 93 All the provisions of the contrary to those of the present law are also repealed. -------