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Law No. 210 Of 21 July 2015 For The Completion Of The Law Nr. 8/1996 Copyright And Related Rights

Original Language Title: LEGE nr. 210 din 21 iulie 2015 pentru completarea Legii nr. 8/1996 privind dreptul de autor şi drepturile conexe

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LEGE no. 210 210 of 21 July 2015 for completion Law no. 8/1996 on copyright and related rights
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 550 550 of 24 July 2015



The Romanian Parliament adopts this law + Article UNIC Law no. 8/1996 on copyright and related rights, published in the Official Gazette of Romania, Part I, no. 60 of 26 March 1996, as amended and supplemented, shall be completed as follows: 1. After Article 112 ^ 1, seven new articles are introduced, articles 112 ^ 2-112 ^ 8, with the following contents: "" Art. 112 112 ^ 2. -(1) It is considered the orphan work that work or phonogram, provided in art. 7 7, 8 and art. 103 103 para. (1), if no copyright holder on the work or phonogram is identified or, even if one or more of the holders are identified, none is located, despite the performance and registration of a diligent searches of copyright holders. (2) The orphan work status applies to the following categories of works and phonograms which are protected by copyright and which were first published in a Member State or, in the absence of publication, which were broadcast for the first time. in a Member State: a) works in the form of books, journals, newspapers, magazines or other writings found in the collections of libraries, educational institutions or museums accessible to the public, as well as in the collections of archives or heritage institutions cinematographic or sound; b) cinematographic, audiovisual works and phonograms in the collections of libraries, educational institutions or museums accessible to the public, as well as in the collections of archives or institutions of cinematographic heritage or sound; c) cinematographic and audiovisual works and phonograms produced by public broadcasting and television organisations until 31 December 2002 inclusive and in their archives; d) works and phonograms referred to in lett. a)-c), which have never been published or broadcast, but which have been made available to the public by the institutions provided in art. 112 ^ 3 para. (1), with the consent of copyright holders, only if it is reasonable to assume that copyright holders would not oppose the uses provided in art. 112 112 ^ 3; e) works and other protected objects that are integrated or incorporated into the works or phonograms referred to in lett. a)-d) or constituting an integral part of the respective works or phonograms. (3) If the holder of the copyright is identified or subsequently located, the respective work or phonogram ceases its orphan work status. (4) When a work or phonogram has several copyright holders and not all of them are identified or, even if identified, are not located following a diligent search and are not registered in accordance with the provisions. art. 112 ^ 5, the work or phonogram can be used in accordance with the provisions of art. 14 14 and 15, provided that those of the rightholders who have been identified and located have authorized, in connection with the rights they hold, the institutions provided for in art. 112 ^ 3 para. ((1) carry out the reproduction and make it available to the public. (5) Provisions of para. ((1) shall be without prejudice to the rights to the work or phonogram of which the holders have been identified and located. ((6) The provisions on orphan works do not apply to anonymous or pseudonymous works. Art. 112 ^ 3. --(1) The use of orphan works or phonograms by libraries, educational institutions and museums accessible to the public, as well as by archives, by institutions of cinematographic or phonographic heritage and by public bodies broadcasting and television, in order to achieve objectives related to their public interest missions, can be achieved by: a) making available to the public within the meaning of 15 15; b) reproduction, within the meaning of art 14, with a view to digitizing, making available, indexing, cataloguing, preserving or restoring. (2) The institutions provided in par. ((1) may use an orphan work solely for the purpose of achieving the objectives relating to their public interest missions, in particular the preservation of works and phonograms in their collections, their restoration and the provision of access for cultural purposes and educational to these. These bodies may obtain income from the use of orphan works for the sole purpose of covering the costs of digitisation and making them available to the public. (3) The institutions provided in par. (1) have the obligation to specify the names of the identified authors and other copyright holders in all uses of an orphan work. (4) The provisions of this Law shall be without prejudice to the contractual freedom of the institutions provided ((1) in respect of the exercise of their public interest missions, in particular with regard to public-private partnership agreements. (5) The copyright holders who terminate the orphan work status of their works or phonograms benefit from a fair compensation for the use by the institutions referred to in par. (1) of these works or phonograms, under the law. (6) Fair compensation, provided in par. ((5), shall be determined by the number of copies/reproductions carried out by the respective work or phonogram. Art. 112 ^ 4. -(1) In order to establish the orphan work status, the institutions provided for in art. 112 ^ 3 para. ((1) ensure that for each individual work or phonogram a diligent and good faith search is carried out, by consulting the appropriate sources for each category of works or phonograms in question. (. The diligent search shall be made compulsory before the use of the work or phonogram. (3) If there are indications that relevant information on copyright holders in other countries may be found, the sources of information available from those countries shall also be consulted. (4) The sources provided in par. (1) will be established, by decision of the Director General of the Romanian Copyright Office, published in the Official Gazette of Romania, Part I, following consultation with copyright holders and users, for each category of works or phonograms. (. In the case of published books, sources include the following: a) the legal deposit, catalogues in libraries, authoritative files held by libraries and other institutions; b) associations of publishers and authors of the respective country; c) existing databases and registers, WATCH (Writers Artists and their Copyright Holders-writers, artists and their copyright holders), ISBN (International Standard Book Number-international standard number for books) and the databases with printed books; d) the databases of the relevant collective management bodies, in particular of the reproductive rights representation bodies; e) sources that integrate databases and multiple registers, including VIAF (Virtual International Authority Files-International Authorized Virtual Folders) and ARROW (Accesible Registries of Rights Information and Orphan Works-accessible registers information on copyright and orphan works). (6) In the case of newspapers, magazines, journals and periodicals, sources include the following: a) ISSN (International Standard Serial Number-the international standard number for serial publications), for serial publications; b) indexes and catalogues belonging to the libraries ' funds and collections; c) legal deposit; d) associations of publishers, authors and journalists from the respective country; e) the databases of the relevant management bodies, including the reproductive rights representation bodies. (7) In the case of visual works, namely those in the categories of fine arts, photography, illustrations, design and architecture, and in the case of the sketches of these works and other such works appearing in books, journals, newspapers and magazines, or other works, sources include the following: a) the sources provided in par. ((5) and (6); b) the databases of relevant collective management organisations, in particular in the case of visual arts, including reproductive rights organisations; c) the databases of the image agencies, if any. (8) In the case of audiovisual works and phonograms, sources include the following: a) the legal deposit; b) associations of producers in that country; c) databases of the institutions of cinematographic or sound heritage, as the case may be, and of national libraries; d) databases with relevant standards and identifiers, such as ISAN (International Standard Audiovisual Number-International Standard Number for Audiovisual Works) for audiovisual material, ISWC (International Standard Music Work Code -international standard number for musical works) for musical works and ISRC (International Standard Recording Code-international standard number for recordings) for phonograms; e) the databases of the relevant collective management organisations, in particular for authors, performers, phonograms producers and audiovisual producers; f) the generic and other information appearing on the packaging of the works; g) databases of relevant associations representing a specific category of rightholders. ((9) Due diligence is carried out in the Member State in which the work was first published or, in the absence of publication, in the Member State where the work was first broadcast, with the exception of cinematographic or audiovisual works the manufacturer has its place of establishment or habitual residence in a Member State, in which case the diligent search takes place in the Member State where the manufacturer has its usual seat or residence. In this case, the diligent search shall be carried out in the Member State in which the body which made the work or phonogram available to the public is located, with the consent of the copyright holder. (10) The institutions provided in art. 112 ^ 3 para. (1) keep records of their diligent search and provide the following information to the competent national authority, namely the Romanian Copyright Office: a) the results of the diligent searches they carried out and which led to the conclusion that an opera or a phonogram is considered an orphan work; b) the use of orphan works; c) any change in the status of orphan work; d) contact details. Art. 112 ^ 5. -The Romanian Copyright Office shall adopt the necessary measures for the information provided in art. 112 ^ 4 para. ((10), received from the institutions referred to in art. 112 ^ 3 para. (1), be communicated to the Office for Harmonization within the Internal Market, to be registered in the single online database, accessible to the public, created and administered by it, in accordance with the provisions Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on the attribution to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of certain tasks relating to the enforcement of property rights Intellectual property, including the reunification of public and private sector representatives in the European Intellectual Property Rights Observatory. Art. 112 ^ 6. -(1) If an opera or a phonogram is considered an orphan work in another Member State of the European Union, according to art. 112 ^ 2, then it is also considered orphan on the territory of Romania and can be used and accessed in accordance with this law. (2) This provision shall also apply to the works and phonograms provided for in art. 112 ^ 2 para. (4), to the extent that it is about the rights of unidentified or unlicensed copyright holders. Art. 112 ^ 7. -No provision of this law, relating to orphan works, is without prejudice to the provisions concerning patents, trademarks, industrial designs, utility models, topography of semiconductors, typographical characters, conditional access, access of broadcasting services or television to cable transmission, protection of national treasures, legal deposit requirements, restrictive practices and unfair competition, trade secrets, security, privacy, data protection and privacy, access to public documents, contract law, freedom of the press and freedom of expression in the media. Art. 112 ^ 8. -The copyright holder on a work or phonogram considered to be the orphan work has, at any time, the possibility of ending the orphan work status. " 2. In Article 123 ^ 1 (1), after letter g) a new letter, letter h) is inserted, with the following contents: " h) entitlement to fair compensation for orphan works. ' 3. In Article 151 ^ 2, after letter h) a new letter, letter i) is inserted, with the following contents: "" i) Directive 2012 /28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works, published in the Official Journal of the European Union, L series, no. 299 299 of 27 October 2012. ' This law transposes Directive 2012 /28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works, published in the Official Journal of the European Union, L series, no. 299 299 of 27 October 2012. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, July 21, 2015. No. 210. ------