Law No. 596 of 24 July 1946 for ediţiune contract and copyright in literary matters published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 169 of 24 July 1946 chapter I General article 1 Dispoziţiuni contract ediţiune in literary matters is the contract under which the author of a work of creative, critical, historical or literary monograph, or his successors, granted to a natural or legal persons, hereinafter referred to as the Publisher, instead of a price, the right to publish and sell the works.
Article 2 the author, which has minor reached the age of 18 years has the capacity to conclude all legal documents regarding opera creiată it and to pursue the actions that derive from them.
The author, who has not reached the age of 18 years and interzisul, will conclude the contract personnel, with the consent of their parent or guardian. In case of refusal of the latter, the contract will be concluded with autorizaţiunea of court protection.
Article 3 in the ediţiune: a) the author shall be obliged to make available to a specific editor, guaranteeing peaceful throughout the duration of the contract of the rights assigned;
b) Editor is obligated to publish the work, to spread and to sell, while ensuring compliance and insisting on moral and material interests of the author vis-à-ediţiunea; He is obliged to give the author's calculations and pay the price in the contract and in compliance with generally dispoziţiunilor below.
If the contract stipulates, opera can be printed under pseudonym or anonymously.
Article 4, on pain of nullity absolute, the contract will be terminated by act.
The entry has to be endorsed by the Romanian writers ' Society, before any performance of any obligations of the parties.
The Romanian writers ' society, is required to target the entry submitted, pursuant to article 5. 69 and 70, within 15 days from the rock to his registration.
If within the time limit provided for in the preceding paragraph, the Romanian writers ' Society does not advise the visa refusal, the contract shall be considered as concerned, without any other formality.
Article 5 of the time of conclusion of the contract, the parties have the rights and obligations stipulated in the contract and those referred to in this law.
No editor can be downloaded from its obligations by paying the price.
Article 6 Any ediţiune contract concerns only one Edition; the contract that would exceed this provision is reduced to only a single Edition.
The total of a work assignment is null and void.
Article 7 If a contract for works that have not yet been created, the contract is void if it does not provide for a time limit; the time limit may not exceed three years.
Article 8 the author cannot be dispensed with in any way the exercise of personal rights, discourages from artistic creation.
Article 9 any clause of a contract likely to bring any affect the rights of the author; the translator or the Romanian writers ' Society is null and replaced by law dispoziţiunile of the present law.
If such a clause was the author or translator of the impulsive cause and determining the conclusion of the contract, the entire contract is void.
Article 10 is this Business Law of a party's consent, he must be expressly and in writing.
Chapter II execution of the contract Article 11 the author shall be obliged to surrender the work in such a way that they can be printed without difficulty.
Way, teaching condition and time will vary according to the nature of the contractual works, or use.
Article 12 If the author teaches the work up to the agreed deadline, the Publisher shall be required to notify the author a new delivery term, which cannot be closer than 1/3 of first term agreed.
If the author teaches the work until the expiry of the second deadline, the contract shall terminate.
The Publisher may request, but after editing, damages for any injury caused by this delay.
If the author does not have any new work to the 1870 period notified the editor may request the annulment of the contract and damages.
Previous Dispoziţiunile shall also apply in the case of contracts which provide for renditions in installments, for each partial delivery term.
The author shall not be bound to execute the work.
Article 13 the Publisher can receive a refund of the manuscript in the State in which you will find after printing.
Article 14 the author shall have the right and obligation to correct typographical errors, according to use.
The author is bound as two corrections and a suitable term to teach good printed, dated and signed, the Publisher may print, and without this formality, only after he put the author in late payments and it has not fulfilled its obligation.
The author may introduce any changes, with condiţiunea not to alter the character of the work.
The author will not incur extra expenses caused, provided that this increase does not exceed 20 percent of the costs that would have been necessary for the printing of the work unchanged.
Article 15 if the Publisher has not published within a year of receiving them from the rock, or before the completion of this period, show that it will not execute the contract, the author shall be entitled to demand termination of the contract, either with the damages for non-pecuniary damage and material execution of the contract, either by the Publisher or his behalf, osebit of damage caused by delay.
Article 16 author's Action brought under article. 15 there will be permitted only in the event that the Publisher will be defended by force majeure or fortuitous case.
Article 17 in the absence of contractual clauses, the Publisher secures single selling price, complying with the convenience and taking into account of the cost of similar publicaţiunilor, in such a way that not to depreciate the opera and not to hinder the sale of them.
Article 18 the sale price will be modified only with the consent of the author.
The author is entitled to a quota determined by increasing the price for all copies still in sale.
Anticipated waiver of this right is null and void.
Also, it cannot be stated in advance of the Edition is sold whole or in part, to balance or at lower cost than that.
Article 19 If the 4-year-old Dale is still the appearance of the book not sold stock cards of more than 15 percent of the quantity originally: a) the author shall have the right to buy that stock in whole or in part, with 50 percent of the price it would have paid under article. 26;
b) Publisher shall încunoştiinţa Direction literilor of the Ministry for the arts, because the remaining stock can be sold in whole or in part by public libraries, with 50 percent of the price you pay on car libraries.
In order to meet dispoziţiunilor, the Publisher shall be obliged to return the remaining stock in its warehouses.
The 5-year anniversary book and only appearance dela after exhausted, referred to in points a and b of this article, the editor has the freedom to maculeze the remaining volumes, the Romanian writers ' Society if he agrees.
In the negative case, the Publisher shall, macula only volumes might after a special year to inform Society dela made Romanian Writers, according to the preceding paragraph.
Article 20 Edition will have sucked the quantity stipulated in the contract.
Article 21 the author has the right to control the circulation and during printing.
Article 22 the editor will notify the Romanian writers ' Society printing operation has been completed, after which the entire Edition, numbered, will be stamped.
The Romanian writers ' society is obliged to send delegate to stamping within five working days, from receipt of the notification. In the province, the notification referred to in the preceding paragraph will be representative of the society, appointed by it on the occasion of vizării.
If, after expiry of the period of 5 days, the Romanian writers ' Society delegate takes to stamping, this visa will be replaced with the application of the author's personal parafei.
To this end, a duplicate of the notification be communicated to Romanian writers ' Society will be communicated to the author and, with an invitation to be present at the Publisher to put the stamp of where Society would not send its delegate within five days.
The deadline for presentation of the author for initialing an is 3 days off from the presence of the expiry of the 5-day period referred to in paragraph 2.
Operation of stamping or parafării will be established by a protocol signed by the editor and S.S.R., delegate or in his absence, by the author.
If within this period of 3 days, the author was not presented to put the stamp, the Publisher shall be entitled to operate only numbered sale provided to give prior notification of the Romanian writers ' Society.
Article 23 for the press service and the radio and for legal deposit obligations will shoot over the number indicated in the contract, yet the number of copies in a proportion of not less than 1/20 to 1/10 of the Edition. These copies shall be stamped or numbered and initialled; they will not have the price on the cover.
They will be distributed for free by the Publisher, agreed with the author.
The author shall have the right, for his personal obligations, at 1/4 of the number of such copies without any payment.
Chapter III advertising article 24 Spreading, the Publisher shall be obliged to ensure that work as widely spread as well as an advertisement in accordance with the nature of the work.
In any case, the costs of advertising made by the editor cannot be attributed to the author.
Article 25 of the Publisher's warehouse, or indeed any other copies will be removed only in numerical order. Errors committed as part of a group of 200 copies are not sanctioned.
Editor and storage, under any title, are obliged to have a record of where the copies were sent.
Article 26 the Publisher is obliged to make available to the author, with the price they pay, developing libraries for sale, the author having the right to redeem them at any time, in whole or in part. Will be deducted and copyright.
Sheets in libraries will be withdrawn at the request of the author, the Publisher when it wants to redeem them, unless the author has chronicled the price.
Chapter IV rights of author's materials minimum Price due to the author Article 27 may not be stipulated than as a percentage participating interests over the selling price to the public of copies sold without this percentage can be set below 20 percent.
For critical commentary, proper price cannot be established below 10 per cent; and also for anthologies.
Payment of the amounts due to the author will be made at the latest within 10 days from the date on which the account from the rock must be communicated, according to art. 30. the minimum wages of all rights provided for in the money that law will be made valid only on amounts due to the author, the Romanian writers ' Society or at any Bank, institution or similar Romanian writers ' society, society, indicated by the company.
No action or prosecution cannot establish minimum rights money payable under the contract by the author ediţiune, apart from those for debt and rent proper wages and pensions service people. In these exceptional cases, strikes not insesisabilitatea than 1/3 of rights. The minimum monetary rights may not be assigned, in whole or in part, except for fire claims listed in this paragraph and all but up to one-third.
S.S.R. and those who point to the company, according to paragraph 4, may refuse payment in the hands of an authorized agent of the author when they had the presumption that mandate could hide an assignment or a fraud to the law.
Is null and void any tracking or assignment made in paragraph 5 against dispoziţiunilor.
Any other payment made otherwise than by filing shown in paragraph 4 shall be considered supplements the minimal fee indicated in this law. Will not be permitted to make any proof to the contrary.
Article 28 For the texts of the works referred to in art. 1, including those that have entered the public patrimony, reproduced in whole or in part, in Romanian language teaching textbooks, supra-school primary and secondary, the Publisher shall pay the Romanian writers ' society, 25% of the author's rights manual, regardless of câtimea reproductions. From this background of Romanian Writers Society will pay the authors of the texts reproduced.
For the texts of the works referred to in art. 1, reproduced in whole or in part in the anthologies, the Publisher shall pay the Romanian writers ' Society a share equal to that due întocmitorului anthology. From this Fund, the Romanian writers ' Society will pay the authors of the texts reproduced.
For reproduction in an anthology of a work as defined in art. 1 of this Act, it is required the authorization of the authors.
For deceased authors, issues overlooked yet public heritage, this authorization will be given by the Romanian writers ' Society.
Article 29 price Payment due the author is secured by a general privilege over movable assets of the Publisher, who will have the rank immediately after that of art. 1,729, point 4, of the civil code.
Article 30 the author may be required, every three months, an account communication issues. He has the right to inspect the records of the Publisher, provided for in art. 22 commercial code, concerning the execution of parts of his contract, and all the elements that would help to control the accuracy of the account, such as orders, invoices, statements and correspondence with libraries.
Three-month period is reckoned to date report from the rock UN-done under art. 22, par. penultim. In the case of art. 22, the last paragraph, the period shall be reckoned from the date of notification of release Dale on sale.
The Publisher shall be obliged to communicate to the author, who has not exercised the rights referred to in the first paragraph, that account every six months, that is, during the months of January and July of each year. The same obligation on the Publisher, and while each thousand copies.
The Publisher is required to notify the author of the paper, numerical situation, whether the royalties are paid at that time.
Article 31 the editor has the duty to liquidate accounts with booksellers within one year upon the delivery date of the paper towards the end from the sale. In case of discrepancy, the relevant Edition will be sold and a esteemed author entitlements become due, regardless of the stipulaţiunile between the parties.
Insolvency booksellers look only on the editor.
Chapter V, Article 32 Edition Reprints shall be considered exhausted by the sale or lack of 85% of the number of copies that were printed. In the case of art. 34, this percentage is reduced to 75%.
Shortages are in the Publisher's account, if it is not defended by force majeure or fortuitous case. Part of the Edition on which accounts were liquidated between Publisher and booksellers within the period of 1 year is reckoned sold.
Article 33 When the Edition is not yet exhausted under art. 32, the author may contract a new edition with another editor, only if: (a)) Has the consent of the first editor, or b) shows that this editor does not a spread, which will be established at the request of the author, in accordance with art. 67 and 68 of the Act, with citation of judgments acceleration.
Article 34 the author has no right to be in a complete edition of his works published and still neepuizate unless it has passed five years dela publication last editions or in the cases referred to in the previous article.
Chapter VI Article 35 contract Extinguishing Editor cannot assign a contract of another editor without the author's authorization, except in the case of whole-sale trade Fund.
Even in this case, the author will be able to cancel the contract within one month of notification of the assignment from the presence of the Fund, if the work is not yet printed, without necessarily being obliged to pay any compensation.
Article 36 the bankruptcy of the Publisher shall entail termination of the contract.
If the work is done, the author or the Romanian writers ' Society, has the right of first refusal to sell her on the occasion of mass liquidation of the bankrupt Publisher.
Article 37 the author's Death or putting under interdiction does not involve termination of the contract unless they intervene before completion of the work.
If the author dies or is unable to complete the work, after a significant part of them was composed and taught, the contract shall not be terminated unless the author would have manifested the will as to be printed only in its entirety. His successors may also manifest a will but with the opinion of the Romanian writers ' Society, that print this part ' would be of value or would be prejudicial to the author's name.
If annulment has taken place at the request of the author or to his successors, the Publisher is not entitled to any compensation; unfinished Opera may be the subject of another contract of ediţiune, under penalty of damages in favour of the first editor.
If the Publisher is a person's death before the commencement of the contract printing, only if the author shall notify it, within two months from the date, when the heirs came into their possession. Notification shall be made at the last seat of the editor.
Article 38 When printing or spread of a work will be halted through ' an administrative or court decision, the contract shall be terminated if the shutdown extends beyond three months.
The author will have to repay the amounts received in advance as royalties for unsold copies.
Chapter VII translations Translations of article 39 of the works referred to in art. 1, may not be made, except by members of the Romanian writers ' Society, except in the case provided for in article 10. 43. Translations made members of the Romanian writers ' Society, will be covered by the Romanian writers ' Society, before it was edited.
Article 40 translations will be made from the original language.
When the opera to be translated is written in a language for which it takes the literati, connoisseurs will be made of a universal language.
Article 41 All the processes are and are not considered translations.
It will always show on the cover and inner artwork author after which processing has been done.
Article 42 Any translation must have mentioned on the cover and title of the work's original Interior, after which the translation was made.
Translate will keep the original title. In case of difficulty, it will choose a title that will preserve the meaning.
Notwithstanding article 43 at art. 39, the Publisher can employ as a translator and a person who is not part of the Romanian writers ' Society.
For each job, this translator will have advance notice of the authorization of the Romanian writers ' Society.
Translations made of the show in the art. 43, al. 1, will be submitted in manuscript together with foreign Opera Edition at the Romanian writers ' Society. The Romanian writers ' society, shall designate, within ten days, which from the date of a member of his own that will check the manuscript. The Verifier will give their literary opinion in a fixed term by the minutes of the nomination, praised the paper's size and nature and which will be communicated to both the translator and Publisher. Based on the opinion of the Verifier, negatively motivated in writing, Romanian Society of writers may stop printing nedând visa. Such a decision may be called the Union of trade unions of artists, writers and Journalists.
No translation can not be printed without printing society visa Romanian Writers.
On the inner cover will show the number of the visa.
Article 45 the Publisher shall pay the Romanian writers ' Society, with the submission of the manuscript of the translator hired under art. 43 an amount equivalent to 15 percent of their advance payments, according to the translator's art. 47. The Publisher shall pay a same percentage from the rest of the translator, paying rights according to art. 47. This amount represents the equivalent contribuţiunilor and Romanian writers ' Society members ' tasks within the framework of society. The Publisher will retain a share of the translator.
If printing is stopped, according to art. 44, all amounts paid under this article shall remain acquired by the Romanian writers ' Society.
The Publisher will pay the same percentage for all edits the same works.
Article 46 of the Romanian writers ' Society can appreciate the sincerity of the contract with the translator.
Article 47 the translators of the works referred to in art. 1 and theatre pieces in print, will receive 10 percent in relation to the number of copies of the Edition and with selling price printed on the card. Duties of translators will be done: 2 percent upon signing the contract, 3 percent in handing the manuscript and the remaining 5 percent as the sale.
For translations in verse, the fee will be 15 percent and the payment is made: 3 percent, 4 percent and 8 percent then.
Translators have at every new edition, all rights referred to for the first edition.
The odds of this article are minimal.
Article 48 relating to All dispoziţiunile the operas and the original authors are applied and the translations and translators.
Article 49 If the percentage foreign writer due under the agreement, together with its share of 10 percent due to a total of one percentage point of the translator, less than 20 percent, the difference up to 20 percent will be paid by the Romanian writers ' society editor.
This article is not applicable to translations of works that have entered the public patrimony.
Chapter VIII rights of authors and theatrical translators in addition Article 50 of this law texts, which include dispoziţiuni express concerning dramatic works, original or translation, are applicable to the relationship between the authors and the translators, theatrical Society of Romanian Writers and theaters or organizers of tournaments and occasional performances or texts from this Act under Chapters: XI, XII and XIII, and art. 2, 5, 7 to 11, inclusive, 13, 27, paragraphs 4, 5, 6, 7 and 8, 29, 35, 36, 37, of 1, al. 1, 39, 40, 42, of; 44. Al. 1 and 2; 46 and 65, in which articles the words "Edition" and "editing", shall be replaced by the word "season", the word "editor" is înlocueşte with the word "theatre" and the words "print" as "Publishing House printed" and "înlocuesc" is the word representation (and "represented").
There are also laws and dispoziţiunile. 3, 4, 6, 12, 38, 41, 43 and 45, with the following changes, other than those referred to above in article 1: (a)). 3, the first sentence under point b, înlocueşte: ' the theater is required to represent the opera, while ensuring compliance and highlighting the moral and material interests of the author ";
b) In art. 4, the time limit of 15 days to 5 days;
c) in article. 6, as in the other in that it must be an equivalent term editions, it will be "next season Premiers and season";
d) art. 12, the words: "after editing", înlocuesc: "after the season was represented for the first time", in paragraph 5 (e);
e) in art. 38, the words: "for unsold copies", shall be replaced by: "for the shows that ' occurred";
f) in art. 41, the words: "inner cover", înlocuesc with "on the poster and in the program";
g) in article. 43, add a final paragraph: theatrical translators are no longer required to have prior authorisation required by the preceding paragraph, once had represented three translations of pieces in three acts, made under the law, in a series of at least 25 performances.
h) in art. 45, the words "art. 47, "înlocuesc with" 56. "
Article 51 If the theater does not represent original work within the time limit indicated below, on or before the completion of this period, show that it will not execute the contract, the author shall be entitled to demand either the annulment of contract with damages for moral and material damage tried, either osebit for performance of the contract, damages caused by delay.
The term shall not be longer than the season in progress at the time of signing the contract and the following season. For State theatres this term is extended with one more season.
Author's action brought under this article, shall not be admissible only in the event that the theater will be defended by force majeure or fortuitous case.
In the event of bankruptcy or termination of the company following the death of the owner of the theatre company on an individual contract shall terminate.
Article 52 State Theatres, the communal and the County will pay a minimum of theatrical Romanian authors of 20 percent, from the gross recipe show.
Private subsidized theatres, regardless of whether they are permanent or not, will pay a minimum of 15 percent of the recipe.
All other theaters will pay a minimum of 10 percent of the recipe.
For work in Operetta and revues, it will pay a minimum of 5 percent of gross's recipe.
Article 53 All theaters will pay a minimum quota of translators 3 percent for translating prose pieces and 8 percent for translations into verse.
For work in Operetta and revues, translators will receive a minimum share of 3 percent.
All odds are on the rough of the show himself.
Article 54 If the rights paid to the author of the piece along with the translator's share in excess of 11 percent for translations into prose, 16 percent for translations in verse, the translator will be reduced in due course, so that the total does not exceed 11 percent, 16 percent, respectively.
In applying this article, the translator can not be reduced but in no case less than 2 percent, 7 percent, respectively, for the translations of the lyrics.
Article 55 If the rights paid to the author of the piece along with the translator's share amounting to a percentage lower than 10 percent for translations into prose, 15 percent for translations in verse, the theater will spill, the Romanian writers ' Society the difference up to 10 percent, 15 percent, respectively, for translations into verse.
This dispoziţiune is not applicable if the original play it's enacted public heritage.
Article 56 the translators will receive minimal rights as their account: signing of) at 10 per cent of the maximum Theatre gross recipe;
b) teaching translation manuscript still 15 percent of this recipe.
The rest will be translator duties paid to the representation.
Article 57 For the purpose of determining amounts to be calculated the odds to authors and translators, will be deducted from the daily recipes only proper rights, the Ministry of finance as tax on the shows.
Article 58 All dispoziţiunile relating to the original authors as well as those that protect their rights, and are applicable to translators.
Article 59 the organizers of tournaments or the occasional performances have all the duties referred to in the present law as of theatres.
For tournaments, the percentages are minimal due to the authors original reduced by 40 percent, and those due to translators with 30 percent.
Article 60 When the same show are represented in the several dramatic works, the rights in question to be determined on the basis of acts of the parts.
If a show occasionally features in the program and other artistic or cultural manifestaţiuni, for the calculation of the rights referred to in this chapter shall be determined by the national General Theaters.
Article 61 the occasional Performances given by schools or school organizations, non-profit legal persons or forming part of the unions, the General Confederation of labor, they are not applicable to the dispoziţiunile of this law, which fixes the minimum odds of royalty or a translator.
62 article author's Rights society, translators and Writers, will be wound up on a weekly basis, in compliance with dispoziţiunilor art. 27. the situation of our Theaters will communicate through the general direction of the theaters, without the need of any somaţiune or release delay. National theatres will communicate once a month directly to authors or translators such situaţiuni, without the intermediary of General Directorate of Theatres.
Article 63 Theatres cannot detain a foreign piece more than one season without a play. If it is not performed in the course of a season, is cancelled by operation of law.
No drama is unable to retain a greater number of original pieces or foreign than twice those played in the previous season. For the first year of operation of a theatre, this issue will be fixed by the national General Theaters, compared to similar theatres.
Chapter IX common Article 64 Dispoziţiuni during a calendar year, no one may sign more than three translations for publishing houses and 3 translations for theaters.
Only translations printed in booklets up to 96 pages are exempt from the restriction referred to in paragraph end from the previous one. And also the translations only shows tracks represented as indicated in art. 61. Article 65 At the conclusion of a contract and during his execution, the author may be accompanied or represented by a delegate of the Romanian writers ' Society.
This delegation cannot do acts that prejudice any right of the Romanian writers ' Society, or which constitute recognition by the Romanian writers ' Society.
Article 66 For original works or translations which have entered into the public domain the Publisher will pay 5 percent of the sale price of each of the editions, and theaters will be charged 2 percent of the prescriptions of the performances; 57. Those odds will be paid the Romanian writers ' Society, to apply to all dispoziţiunile regarding the rights of the author or translator of this law.
Article 67 Subtitles translated foreign film cinematographic works intended to be represented in Romania will be verified, the procedure laid down in Chapter VII.
Tariff of fees for such verification will be established by decision of the Ministry of Arts, given as a result of the proposal of the Romanian writers ' Society.
Chapter X, Article 68 Publishers About authorizations and theaters continue to exist on the basis of the law, with the obligation to communicate to the Romanian writers ' society, their legal existence and all data for the purposes of the present law, within a period of one month from the way of publishing law.
Publishing houses and theaters that will be established after the publication of the present law, will have to make this communication Society of writers, prior to the commencement of their activity.
Article 69 All the works referred to in article edits. 1, including works that have entered the public patrimony, and theatrical performances, all will have to satisfy the requirements of article 5. 4 of the present law.
For works (translations, respectively), which have entered into the public patrimony, will submit a completed form with all data in a regular contract.
Article 70 unless art. 71, Romanian writers ' Society cannot refuse his visa, except if the violated dispoziţiunilor of this law, or in the case of failure to meet its rights.
In same cases it can refuse and print visa or translation.
Publishing houses and theaters will pay the company a fee of Romanian Writers visa 4%, calculated in relation to the amount due to the author, translator, respectively as payment for them. Publishers and theaters retain the amount paid to the author, i.e. the translator, half of this charge.
Article 71 If three judgement of conviction, according to art. 84, you find that in a span of one year, has committed three crimes referred to in this Act XI of capital, or of artistic and literary property law, Romanian writers ' Society will not give any of the visa referred to in article 1. 4 and 44, for one month, three months and theatre, the Publisher in question.
For theaters, the term a month flowing last performance piece, which from the course after receiving a notification by which the Romanian writers ' Society shall notify the application of the sanction above. For postponed yet, received visas in advance are suspended during this month.
During this month, the theater will be able to represent the only songs that have been played during that season. If the season was started less than 3 months, the theater will be able to play and plays represented during the previous season.
Period of one month beginning will extend their time as a theatrical pause.
During the three-month period, as indicated in paragraph 1, the Publisher will not put into circulation any new edition.
Dispoziţiunile the foregoing paragraphs are applicable and whether one, two or all three decisions referred to in paragraph 1, other than criminal and through them a theatre or publishing house has been ordered for the breaking of any contractual provisions or dispoziţiuni of this law or of the law on literary and artistic property. In this case, the penalty arises if the theatre or publishing house has executed meanwhile all decisions.
In the cases provided for in this article, article 6. 4.4, no longer has the application.
Chapter XI Article 72 Dispoziţiuni procedural criminal Causes, irrespective of the fact for qualification are the jurisdiction of the correctional courts.
Contravenţiunile will be judged in the first and last resort, by the tribunal, appeal to the Court of appeal.
All causes, deriving from this law, will be prosecuted with particular urgency and other processes.
Causes civilian will be judged in the boardroom; the decisions of the first instance will be pronounced with provisional execution.
Article 73 the President of the Court, even before entering the pricinei Fund, prosecution may order interim protective measures and take the necessary measures to prevent continuing or restarting the fact deducted. Taking these measures never implies prejudecarea Fund.
Article 74 the authors, Writers and translators of Romanian Society are obliged not to release of bail for the measures referred to in the previous article, and for ensuring their rights and prosecution.
Article 75 Arts Ministry has the right to control, through its delegations, the implementation of this law. Publishing houses and theaters are obliged to make available to these delegates the assignment of elements required for their fulfilment.
The findings of the delegates, recorded in the minutes, approved by the Ministry of Arts, will provide evidence before Justice until proven otherwise. Based on these reports, courts may be appealed directly by any of the interested parties.
Article 76 of the Romanian writers ' Society is considered to be injured for shall mean any one of his rights or the breaking of any dispoziţiuni of public policy or the protection of this law.
Article 77 the expertise being admitted, the Court will appoint an expert to advise and his assistant from a special list of Romanian writers ' Society communicated, for this purpose, at the beginning of each year.
The Court shall take the oath and this Assistant and he will record his views in a separate report. If the report's conclusions are contrary to the report wizard Wizard, the Court will allow a cons-expertise to be carried out by three experts, with an obligation to examine the report and Assistant arătările.
Chapter XII, Article 78 of the Penal Dispoziţiuni Is punished with civil fine to 200,000 lei dela 20,000 lei, on behalf of the Romanian writers ' Society, failure to comply with any of the dispoziţiuni contained in art. 35, par. 1, and art. 39, paragraph 1, of this law.
Article 79 Are counted contravenţiuni and are punishable by imprisonment from 10 to 30 generations from police and police fine 1,000 to 10,000 lei dela, the following facts: (a) Failure of any dispoziţiuni) contained in art. 33 and 34;
b) refusal to receive Romanian writers ' Society delegate or prevention thereof, through any means, to meet their atribuţiunile;
c) breaking the dispoziţiunilor art. 26, 28, of 3 and 4, and article 16. 30, al. 3 and 4.
Article 80(2) Is insider trading infraction and punishable by imprisonment from 6 months to 2 years ' dela 2 years and a fine from 10,000 100,000 correctional dela lei, fact to sell an Edition, totally or partially, to balance or at a price lower than that fixed, without the consent of the author or the translator.
Article 81 Constitutes deception and insider trading is punishable by imprisonment for one year correctional dela to three years and fine 200,000 correctional dela 20,000-lei, the following facts: a) putting into circulation, in any way, with any title and in any quantity of copies of an Edition without specimens have been initialled and stamped or numbered, according to art. 22;
b) a number of Printing copies of an Edition number shown over at art. 20 and 23;
c) communication or publishing accounts of the theatre, including recipes or settlement lying;
d) Inducing or maintaining, hiding and using any means at all, or for dol, in connection with the conclusion or performance of a contract, such as to attract the reduction laid down in the rights of this law or by contract;
Inducing or maintaining e), hiding and in general the use of any means, training or dol, in execution of art. 65;
f) Arts, Ministry delegations ammo Loadout or hide or nepunerea at their disposal of items required or necessary for the performance of their assignment, inducing or maintaining them in error and in general the use of any means, training or dol, during the execution of their assignment.
Article 82 Are also offences and are punishable by imprisonment of two to six generations from correctional and correctional 10,000 lei fine to end from 50,000 lei the following acts: (a) any Printing works) translated for those who show at art. 43, al. 1 without the prior should have been editing on behalf of visa S.S.R., under art. 44;
b) representation and in general spread, through any means, of any of the works translated by those who show. 43. of the 1. without the visa should have been prior representation or broadcast on behalf of the Romanian writers ' Society, under art. 44;
c) breaking the dispoziţiunilor art. 4, al; 22, al. 6 and 7; 25, 41, of; 43, al; 63, al. 2 and 67;
d) failure, preventing ammo Loadout or author to exercise the rights provided for in art. 21-30 of 1;
e) Macularea volumes, without complying with art. 19;
f) breaking the dispoziţiunilor art. 90, in a period of one month from the rock start of operation;
g) Breaking any restrictions of those shown at art. 71 during the sanctions. 71. Article 83 in open, according to the dispoziţiunilor of this chapter, other than those in article 41(2). 78 whatever punishment handed down by the decision of conviction, the Court shall have jurisdiction to order the payment always jointly and severally and indivisible State of a Civil Society, in the interests of Romanian Writers, 20,000 200,000 lei lei for art. 79, 30,000 lei at 300,000 lei for art. 82, down from 100,000 to 500,000 lei for art. 80 and 200,000 lei lei to the 1,000,000 art. 81. civil Fines will be given, independently of the compensation granted to any party, and even in the processes in which the Romanian writers ' Society is not formed civil party.
Article 84 all actions based on the dispoziţiunile contained in this chapter shall be directed against the employers, businesses, the organisers of the tournaments or the occasional performances or against legal representatives of those companies.
Those who show above will not be shielded from punishment, but if the Court determines that the real perpetrators who committed the crime, have recaptured it from ' a self-interest. Otherwise, they will be punished, either as authors or as instigators, together with the authors.
Article 85 For all offences provided for in this chapter is sufficient statement of fact, whether or not committed with intent.
Article 86 in respect of theatres, the penalties provided for in this chapter shall apply, having regard to articles 2 and 3. 50. Article 87 resolution of any conflicts between writers, translators or Romanian writers ' Society, on the one hand and publishers or theaters, on the other hand, deriving from situaţiuni for which this law provides for dispoziţiuni is to say, will be settled by decisions of a Comisiuni of referees, consisting of a delegate of the Romanian writers ' Society, a delegate of the Romanian publishers ' Association or the respective theatre. as arbitrators, and a delegate of the Ministry of the arts, as an arbitrator.
These comisiuni can not decide monetary conflicts.
Chapter XIII transitional and final provisions Article Dispoziţiuni 88 Romanian writers ' Society shall be recognised by operation of law, as being in the public interest.
Article 89 till the merger of Romanian writers ' Society 1306 Romanians, Romanian writers ' Society atribuţiunile will belong to the authors ' Society of theatrical, in all relations between the authors and the translators of theatrical on the one hand and theaters on the other hand, concerning the application of this law.
Article 90 of the borrowing Libraries are obliged to take, in a proportion of 10% of the total volume and original work in the Romanian language from those referred to in article 1. 1. existing Libraries from the date of publication of the present law, shall fulfil this obligation, in a period of two months which from the date of publication.
Failure to comply with the obligation contained in this article is sanctioned and with the deletion of the company from the register of the Chamber of Commerce, at the request of the Romanian writers ' Society, accompanied by a finding of a delegate, in addition to the application of art. 82. Article 91 for the period of three years that will follow the peace treaties ratificărilor Exchange, translations will be made after the different language version than the original Romanian writers ' Society, if you will not make available to the interested party, within thirty days from the presence of its request that text in the original language.
Article 92 Dispoziţiunile this law shall apply to its publication, which from all contracts. Only with regard to visa formalities to conclude contracts and the application of quotas and minimum money, except: (a) original works Editions) that will be put into circulation within one month from the presence of the publication of this law;
b) original or theatrical Performances of the works of translation, which will be given within a period of one month, which from the publication of this law;
c) translation Editions will be put into circulation within a period of three months after publication of the present law dela.
Article 93 am and remain repealed all of the opposites of those dispoziţiunile.