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Law No. 121 Of 15 March 2002

Original Language Title:  LEGE nr. 121 din 15 martie 2002

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LEGE no. 121 121 of 15 March 2002 on approval Government Ordinance no. 123/2000 to amend and supplement Law no. 35/1994 on literary, cinematographic, theatrical, musical, folkloric and fine arts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 198 198 of 25 March 2002



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 123 123 of 31 August 2000 to amend and supplement Law no. 35/1994 concerning the literary, cinematographic, theatrical, musical, folkloric and fine arts timbre adopted pursuant to art. 1 lit. B point 3 3 of Law no. 125/2000 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 427 of 2 September 2000, with the following amendments and additions: 1. In Article I, point 1 shall read as follows: "" 1. The title of the law will read: " LEGE concerning the literary, cinematographic, theatrical, musical, folkloric, fine arts, architecture and entertainment timbre "" 2. In Article I, point 2 shall read as follows: "" Two. The introductory part of Article 1 (1) shall read as follows: "The 8 categories of stamps forming the object of this law are established as follows:" " 3. In Article I, point 3 shall read as follows: "" 3. After letter f) of paragraph 1 of Article 1, points g) and h) shall be inserted as follows: " g) the stamp of the architecture, in the amount of 0,5 (per thousand) of the value of the investment, regardless of the beneficiary or its destination; h) entertainment stamp, in the amount of 3% of the price of a ticket and which is added to this price. "" 4. In Article I, point 4 shall read as follows: "" Four. After paragraph 3 of Article 1, paragraphs 4 and 5 are inserted as follows: " The timbre provided in par. 1 lit. g) is added to the value of the investment and is paid once with the fee for the building permit. The stamp provided in par. 1 lit. h) is applied on each ticket sold at the artistic-sports performances, other than those to which other stamps apply, and at the circus performances organized in the country and added to the sale price of the ticket. "" 5. in Article I, after point 5, point 5 ^ 1 is inserted as follows: "" 5 ^ 1. Paragraph 2 of Article 2 will read as follows: " If, for a cultural field there are several creators organizations established according to the legal provisions, the amounts collected will be distributed to the creators organizations, depending on the options of the copyright holders or rightholders related to copyright or, as the case may be, to their heirs. For classical works or translations whose copyright is no longer in the period of legal protection the destination of the amounts collected from the application of the literary stamp will be determined by the editor. For classical works whose copyright is no longer in the period of legal protection the destination of the musical stamp, paid by the distributor, will be determined as follows: a) in the case of foreign film, the value of the stamp flows to the Film Fund; b) in the case of musical records, by the manufacturer; c) in the case of performances organized in the country, by the producer, for the part related to the copyright, which is no longer in the period of legal protection, and by the holders of the other copyright or rights related to the copyright or, as the case may be, their heirs. "" 6. In Article I, point 6 shall read as follows: "" Six. After paragraph 3 of Article 2, paragraphs 4 and 5 are inserted as follows: " In order to benefit from the amounts representing the stamp value the creators ' organizations must cumulatively meet the following conditions: a) at least 90% of the number of their members must be copyright holders or rightholders related to copyright or persons who, through their profession, participate directly in the creation of the work in the field for which they are collect the stamp; b) in the objectives established by the statute to find activities provided in art. 3. Verification of the fulfilment of the conditions 4 by the creators ' organizations that can benefit from the amounts representing the value of the stamps will be carried out by a commission established by order of the Minister of Culture and Religious Affairs. "" 7. In Article I, after point 6, point 6 ^ 1 is inserted as follows: "" 6 ^ 1. The introductory part of Article 3 will read as follows: "" Art. 3. -The amounts due to the creators ' organizations will be used for: "" 8. In Article I, point 9 shall read as follows: "" 9. Article 4 will read as follows: "" Art. 4. -The proceeds from the application of literary, cinematographic, theatrical, musical, folkloric, fine arts, architecture and entertainment timbre are not taxable. "" 9. In Article I, point 11 shall read as follows: "" 11. Article 6 will read as follows: "" Art. 6. -Constitutes contraventions, if not committed so that, according to the criminal law, to constitute crimes, and is sanctioned with a fine of 5,000,000 lei to 10,000,000 lei the following facts: a) non-solicitation of the options of copyright holders or rightholders related to copyright or, as the case may be, of their heirs, by natural or legal persons who have this obligation; b) non-compliance with the options of copyright holders or rightholders related to copyright or, as the case may be, of their heirs, by natural or legal persons who have this obligation; c) non-collection and non-disclosure of the value of the stamps provided for in this law, by the legal or natural persons who have this obligation. The use of the amounts representing the value of stamps for purposes other than those provided in art. 3 constitutes contravention, if it is not committed so that, according to the criminal law, it is a crime, and is sanctioned with a fine of 10,000,000 lei to 40,000,000 lei. In case of non-recovery of the amounts collected and due, a penalty of 0.2% is applied for each day of delay, which is made income to the state budget. The provisions of this Article on contraventions shall be supplemented by those of Government Ordinance no. 2/2001 on the legal regime of contraventions, except art. 28 28 and 29. "" 10. In Article I, point 12 shall read as follows: "" 12. Article 7 will read as follows: "" Art. 7. -Finding and sanctioning the contraventions provided in art. 6 are made by the specialized bodies of the Ministry of Public Finance. The mandated representatives of the creators ' organizations, as well as the representatives of the decentralized public services of the Ministry of Culture and Religious Affairs and representatives of the Romanian Copyright Office, can check how people natural or legal persons having these obligations have applied for and respected the choices of rightholders or rightholders related to copyright or, as the case may be, their heirs, as well as correctness operations of perception and transfer of the value of stamps, with the obligation to refer bodies empowered with the finding and sanctioning of contraventions when the existence of irregularities is highlighted. The representatives of the Ministry of Culture and Religious Affairs will check the use, according to the destinations provided in art. 3 3, of the amounts collected by the creators ' organizations from the application of stamps. "" 11. Article II shall read as follows: "" Art. II. -Within 90 days from the date of publication of the law approving the present ordinance in the Official Gazette of Romania, Part I, Ministry of Culture and Religious Affairs, in collaboration with the Ministry of Public Finance and consultation of organizations creators, will develop methodological norms on the collection, collection, use, record and control of the destination of the amounts resulting from the application of literary, cinematographic, theatrical, musical, folkloric, fine arts, architecture and entertainment, as well as the procedure for requesting and communicating the options of holders of copyright or rightholders related to copyright or, as the case may be, of their heirs. " This law was adopted by the Senate at the meeting of 18 February 2002, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, PAUL PACURARU This law was adopted by the Chamber of Deputies at its meeting on February 26, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU --------------