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Law No. 35 Of 6 June 1994 (Republished) Stamp On Literary, Cinema, Theater, Music, Folklore, Fine Arts, Architecture And Entertainment *)

Original Language Title:  LEGE nr. 35 din 6 iunie 1994 (*republicată*) privind timbrul literar, cinematografic, teatral, muzical, folcloric, al artelor plastice, al arhitecturii şi de divertisment*)

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LEGE no. 35 35 of 6 June 1994 (* republished *) on literary, cinematographic, theatrical, musical, folkloric, fine arts, architecture and entertainment timbre *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 507 507 of 7 July 2008



-------------- Note * *) Republicated pursuant to art. III of Government Ordinance no. 123/2000 to amend and supplement Law no. 35/1994 on the literary, cinematographic, theatrical, musical, folkloric and fine arts timbre, published in the Official Gazette of Romania, Part I, no. 427 of 2 September 2000, approved with amendments and additions by Law no. 121/2002 , published in the Official Gazette of Romania, Part I, no. 198 of March 25, 2002, and rectified in the Official Gazette of Romania, Part I, no. 88 88 of 21 February 2001, giving the texts a new numbering. Law no. 35/1994 was published in the Official Gazette of Romania, Part I, no. 150 150 of 14 June 1994. + Article 1 (1) The 8 categories of stamps forming the object of this law shall be established as follows: a) the literary stamp, in the amount of 2% of the sale price of a book and which is added to this price; b) the cinematographic stamp, in the amount of 2% of the price of a ticket and which is added to this price; c) the theatrical stamp, in the amount of 5% of the price of a ticket and which is added to this price; d) the musical stamp, in the amount of 5% of the price of a ticket and 2% of the price of each disc, to each printing, video and audio tapes recorded, of a musical character, other than the folkloric ones, and which are added to these prices; e) the folkloric stamp, amounting to 5% of the price of a ticket and 2% of the price of each disc, to each printing, video cassette and folkloric audio recorded and which is added to these prices; f) the stamp of fine arts, amounting to 0,5% of the sale price of the artwork and which is added to this price * *); ------------- Note ** **) See Annex no. 6 to the Methodological Norms approved by the Order of the Minister of Culture and Religious Affairs and of the Minister 2.823 2.823 /1.566/2003. g) the stamp of the architecture, in the amount of 0,5 %0 (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. (2) The literary stamp applies to each copy of the beletristic books sold by the units of any kind, edited or not in Romania. (3) The stamps provided in par. ((1) lit. b)-e) applies on each ticket sold at the cinematographic, theatrical, musical and folkloric performances organized in the country and is added to the sale price of the ticket. (4) The timbre provided in par. ((1) lit. g) is added to the value of the investment and is paid with the fee for the building permit. (5) The timbre provided in par. ((1) lit. h) applies to each ticket sold at the artistico-sports performances, other than those to which other stamps apply, and to circus performances organized in the country and add to the sale price of the ticket. + Article 2 (1) The amounts collected, representing the value of the stamp, will be transferred monthly by the units that collect them, in the accounts of the creators organizations, according to the methodological norms developed by the Ministry of Culture and Religious Affairs, in collaboration with the Ministry Public Finance * **) and with consultation of creators ' organizations. ------------ Note ***) See the Order of the Minister of Culture and Religious Affairs and the Minister of Public Finance no. 2.823/1.566/2003 for the approval of the 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 copyright holders or rightholders related to copyright or, as the case may be, their heirs, published in the Gazette Official of Romania, Part I, no. 873 of 9 December 2003, with subsequent amendments and completions. According art. 15 lit. a) of Government Emergency Ordinance no. 24/2007 establishing reorganisation measures within the central public administration approved by Law no. 98/2008 , The name of the Ministry of Public Finance was replaced by the Ministry of Economy and Finance (2) If for a cultural field there are several creators organizations constituted 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. (3) Each organization of creators is obliged to constitute a financial body for that stamp. (4) 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. (5) Verification of the conditions provided in par. (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. + Article 3 The amounts due to the creators ' organizations will be used for: a) support of cultural projects of national interest; b) participation in competitions for interpretation and creation in the country and abroad; c) promoting actions with the participation of Romanians abroad; d) support and protection of cinematographic, theatrical and musical art; e) completion of funds aimed at supporting the activity of young creators, interpreters and executors; f) material support of retired creators, interpreters and executors; g) material support of specialized magazines belonging to creative unions; h) supporting the national and international registration of artistic works of value; i) honoring and perpetuating the memory of Romanian and national minorities, both at home and abroad; j) the enhancement of the folkloric and ethnographic heritage in Romania; k) financial support of the performances in which works of creation are presented whose authors are Romanian or representatives of national minorities in Romania; l) financial support of prizes awarded to creators and interpreters. + Article 4 Proceeds from the application of literary, cinematographic, theatrical, musical, folkloric, fine arts, architecture and entertainment timbre are not taxable. + Article 5 (1) It constitutes contraventions, if not committed so that, according to the criminal law, it is crimes, and is sanctioned with a fine of 500 lei per 1,000 lei *) the following facts: -------------- Note * *) Fines are expressed in new currency, according to the provisions Law no. 348/2004 on the denomination of the national currency published in the Official Gazette of Romania, Part I, no. 664 of 23 July 2004, with subsequent amendments and completions. 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. (2) 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 1,000 lei to 4,000 lei *). -------------- Note * *) Fines are expressed in new currency, according to the provisions Law no. 348/2004 on the denomination of the national currency published in the Official Gazette of Romania, Part I, no. 664 of 23 July 2004, with subsequent amendments and completions. (3) In the case of the term 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. (4) The provisions of this Article relating to contraventions shall be supplemented by those of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except art. 28 28 and 29. + Article 6 (1) Finding and sanctioning the contraventions provided in art. 5 are made by the specialized bodies of the Ministry of Economy and Finance. (2) The mandated representatives of the creators ' organizations, as well as the representatives of the devolved public services of the ministries and the other specialized bodies of the central public administration and the representatives of the Romanian Office for Copyright may check how natural or legal persons who have these obligations have applied for and complied with the choices of copyright holders or rightholders related to copyright or, as the case may be, the their heirs, as well as the correctness of the perception operations and The value of the stamps, with the obligation to notify the competent bodies with the finding and sanctioning of contraventions when the existence of irregularities is highlighted. (3) The representatives of the Ministry of Culture and Religious Affairs will verify the use, according to the destinations provided for in Article 3, of the amounts collected by the creators organizations from the application of stamps. + Article 7 On the date of entry into force of this Law, the Decree no. 262/1957 amending Article III of the Decree no. 31/1949 to stimulate scientific, literary and artistic activity, as well as to establish the literary stamp of writers; Decree no. 977/1968 for the amendment of paragraph 2 of Article 2 Decree no. 262/1957 ; Decree-Law no. 93/1990 93/1990 amending Article 2 of the Decree no. 262/1957 ; Decree-Law no. 94/1990 on the establishment of "Theatre Timbre"; Decree-Law no. 142/1990 on the establishment of "cinematographic timbre"; Law no. 62/1991 on the establishment of "Musical Timbre"; Law no. 63/1991 on the establishment of "Folkloric Timbre". + Article 8 This law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I. ------------