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Law No. 285 Of 23 June 2004 On The Amendment And Completion Of The Law Nr. 8/1996 Copyright And Related Rights

Original Language Title:  LEGE nr. 285 din 23 iunie 2004 pentru modificarea şi completarea Legii nr. 8/1996 privind dreptul de autor şi drepturile conexe

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LEGE no. 285 285 of 23 June 2004 to amend and supplement Law no. 8/1996 on copyright and related rights
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 587 587 of 30 June 2004



The Romanian Parliament adopts this law + Article I 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, shall be amended and supplemented as follows: 1. Paragraph 1 of Article 1 shall read as follows: "" Art. 1. -(1) The copyright on a literary, artistic or scientific work, as well as on other works of intellectual creation is recognized and guaranteed under the conditions of this law. This right is related to the person of the author and carries moral and patrimonial attributes. " 2. paragraphs 3 and 4 of Article 5 shall read as follows: " (3) In the absence of a contrary convention, the co-authors may use the work only in agreement. The refusal of consent from any of the co-authors must be duly justified. ((. Where the contribution of each co-author is distinct, it may be used separately, provided that the use of the joint work or the rights of the other co-authors is not prejudiced. " 3 3. The letter g) of Article 7 shall read as follows: " g) works of graphic or plastic art, such as: works of sculpture, painting, engraving, lithography, monumental art, scenography, tapestry, ceramics, plastic glass and metal, drawings, design, as well as other works of art applied to the products intended for practical use; ' 4. After letter i) of Article 7, the letter j) shall be inserted as follows: "j) works of digital art." 5 5. The letter a) of Article 9 shall read as follows: "a) ideas, theories, concepts, scientific discoveries, processes, methods of operation or mathematical concepts as such and inventions, contained in an opera, whatever the way of taking over, writing, explaining or expressing;" 6 6. The letter e) of Article 10 shall read as follows: "e) the right to retract the work, compensating, where appropriate, the holders of the rights of use, prejudiced by the exercise of the retraction." 7. Paragraph 2 of Article 11 shall read as follows: " (2) After the death of the author, the exercise of the rights provided 10 lit. a), b) and d) shall be transmitted by inheritance, according to civil legislation, for unlimited duration. If there are no heirs, the exercise of these rights shall lie with the collective management body which has administered the rights of the author or, as the case may be, to the body with the largest number of members, of that area 8. Article 12 shall read as follows: "" Art. 12. -The author of a work has the exclusive patrimonial right to decide whether, in what way and when his work will be used, including to consent to the use of the work by others. " 9. Article 13 shall read as follows: "" Art. 13. -The use of a work gives rise to patrimonial, distinct and exclusive rights, of the author to authorize or prohibit: a) reproduction of all or part, direct or indirect, temporary or permanent, by any means and in any form of the work; b) distribution of work; c) import for sale on the domestic market of children made, with the consent of the author, after the work; d) renting the work; e) the work loan; f) public, direct or indirect communication of the work, by any means, including by making the work available to the public, so that it can be accessed at any place and at any time chosen, individually, by the public; g) broadcasting of the work; h) cable retransmission of the work; i) realization of derivative works. " 10. Article 14 shall read as follows: "" Art. 14. -By reproduction, for the purposes of this law, it is understood the realization of one or more copies of a work, by any means and in any form, including the making of any sound or audiovisual recording of a work. " 11. After Article 14, Articles 14 ^ 1, 14 ^ 2, 14 ^ 3, 14 ^ 4 and 14 ^ 5 with the following contents are inserted: "" Art. 14 14 ^ 1. -(1) By distribution, for the purposes of this law, it is understood the sale or any other mode of transmission, for onerous or free of charge, of the original or the children of a work, as well as their public offering. (2) The right of distribution shall be exhausted with the first sale or with the first transfer of ownership of the original or copies of a work, on the internal market, by the rightholder or with its consent. Article 14 ^ 2. -By import, for the purposes of this law, it is understood to introduce on the domestic market, with the purpose of marketing, the original or the legal children made of a work fixed on any kind of support. Article 14 ^ 3. -By renting, for the purposes of this law, it is understood the making available for use, for a limited time and for an economic or commercial advantage directly or indirectly, of a work. Article 14 ^ 4. -(1) By borrowing, for the purposes of this law, it is understood to make available for use, for a limited time and without an economic or commercial advantage directly or indirectly, of a work through an institution that allows access the public for that purpose. ((2) The loan made through libraries does not require the authorization of the author and entitles it to a fair remuneration. This right cannot be the subject of a waiver. (3) The fair remuneration provided in par. ((2) is not due, if the loan is made for educational or cultural purposes, through public law libraries. ((4) The loan of works fixed in sound or audiovisual recordings cannot take place until 6 months after the first distribution of the work. Article 14 ^ 5. -I cannot be the subject of the rental or loan: a) projects of architectural structures; b) the originals or copies of works of design or art applied to products intended for practical use; c) the originals or copies of the works, for the purpose of public communication or for whose use there is a contract; d) the reference works for immediate consultation or for the loan between the institutions; e) works created by the author in the framework of the individual employment contract, if they are used by the one who hired the author, within the usual activity. " 12. Article 15 shall read as follows: "" Art. 15. -(1) Public communication shall be deemed to publish any communication of a work, directly or by any technical means, made in a place open to the public or in any place where a number of persons who exceeds the normal circle of members of a families and its knowledge, including stage representation, recitation or any other public way of execution or direct presentation of the work, public exposure of works of fine art, applied art, photographic and architecture, public screening of cinematographic works and other audiovisual works, including digital works of art, presentation in a public place, through sound or audiovisual recordings, as well as presentation in a public place, by means of any means, of a radio opera. It shall also be considered to publish any communication of a work by wired or wireless means, including by making the works available to the public, so that any member of the public may have access, from any place or at any time. Individually chosen. ((. The right to authorise or prohibit public communication or the making available to the public of works shall not be deemed to be exhausted by any act of public communication or making available to the public. " 13. After Article 15, Articles 15 ^ 1 and 15 ^ 2 are inserted with the following contents: "" Art. 15 15 ^ 1. -For the purposes of this law, broadcasting is understood: a) the issuance of a work by a broadcasting or television body, by any means which serves to propagate without thread the signs, sounds or images, or their digital representation, including satellite, for the purposes of reception by the public; b) the transmission of a work or its digital representation, by wire, by cable, by optical fiber or by any other similar process, for the purpose of reception by the public. Article 15 ^ 2. -By retransmission by cable, for the purposes of this law, it is understood the simultaneous retransmission, unaltered and integral, by the means provided in art. 15 15 ^ 1 lit. b) or by means of an ultrasound broadcast system, for the reception by the public of an initial transmission, with or without wire, including satellite, broadcasting or television broadcasting, intended for the reception of to the public " 14. Article 16 shall read as follows: "" Art. 16. -By making derivative works, for the purposes of this law, it is understood the translation, publication in collections, adaptation, as well as any other transformation of a pre-existing work, if it constitutes intellectual creation. " 15 articles 17, 18, 19 and 20 shall be repealed. 16. Article 21 shall read as follows: "" Art. 21. --(1) The author of an original works of graphic or plastic art or of a photographic work benefits from a resale right representing the right to collect a share of the sales price obtained at any resale of the work, subsequent to the first estrangements by the author, as well as the right to be informed of the whereabouts of his work. (2) The right referred to in paragraph (1) applies to all acts of resale of an original work of graphic or plastic art or of a photographic work involving, as sellers, buyers or intermediaries, salons, art galleries, as well as any merchant of art. works of art. ((3) The copies of the original works of art or photographic, which were made in a limited number by their author himself or with his approval, are considered original works of art, for the purposes of this law. ((4) Amount due under par. (1) is calculated according to the following quotas, without being able to exceed 12,500 euros: a) from 300 to 3.000 euro-5%; b) from 3.000.01 to 50,000 euro-4%; c) from 50.000.01 to 200,000 euros-3%; d) from 200.000.01 to 350,000 euros-1%; e) from 350.000.01 to 500,000 euro-0,5%; f) over 500,000 euros-0.25%. (5) The seller must communicate to the author the information provided in par. (1), within two months from the date of sale, and shall be responsible for withholding from the sale price, without the addition of other taxes, and the payment to the author of the amount due according to the provisions of par. ((4). (6) The beneficiaries of the resale right or their representatives may request, for 3 years from the date of resale, the persons referred to in par. (2) information necessary to ensure payment of amounts due according to the provisions of par. ((4). (7) The resale right may not be subject to any waiver or alienation. " 17. Paragraph 1 of Article 25 shall read as follows: "" Art. 25. -(1) The patrimonial rights provided in art. 13 and 21 last all the time of the author's life, and after his death are transmitted by inheritance, according to civil legislation, for a period of 70 years, whatever the date on which the work was brought to public knowledge legally. If there are no heirs, the exercise of these rights lies with the collective management body mandated during life by the author or, in the absence of a mandate, to the collective management body with the largest number of members, in the field of respectively of creation. " 18. Article 26 shall read as follows: "" Art. 26. -(1) The duration of the patrimonial rights on the works brought to public knowledge, legally, under a pseudonym or without the indication of the author is 70 years from the date of bringing them to public knowledge. (2) If the identity of the author is brought to public knowledge before the expiry of the term provided in par. (1) or the pseudonym adopted by the author leaves no doubt on the identity of the author, the provisions of art. 25 25 para. ((1). ' 19. Article 29 shall be repealed. 20. Article 30 shall read as follows: "" Art. 30. -The patrimonial rights to computer programs last all the time of the author's life, and after his death they are transmitted by inheritance, according to civil legislation, for a period of 70 years. " 21. Article 33 shall read as follows: "" Art. 33. -(1) They are allowed, without the consent of the author and without payment of any remuneration, the following uses of a work previously brought to public knowledge, provided that they conform to the usual good uses, not to contravene the normal exploitation of the work and not to harm the author or the rightholders of the rights of use: a) reproduction of a work in judicial, parliamentary or administrative proceedings or for public safety purposes; b) the use of short quotations from an opera, for the purpose of analysis, commentary or criticism or as exemplification, in so far as their use justifies the extent of the quotation; c) the use of isolated or short articles drawn from works in publications, in radio or television broadcasts, or in audible or audiovisual recordings, intended solely for education, as well as reproduction for education, within the framework of educational or social protection institutions, of isolated or short articles extracted from works, to the extent justified by the aim pursued; d) reproduction for information and research of short extracts from works, within libraries, museums, filmotecs, phonoteces, archives of cultural or scientific public institutions, operating without profit; reproduction the full copy of a work is permitted, in order to replace it, in the event of destruction, serious deterioration or loss of the unique copy of the permanent collection of the library or archive; e) specific reproductions made by libraries accessible to the public, by educational institutions or museums or by archives, which are not carried out in order to obtain a direct or indirect commercial or economic advantage; f) reproduction, with the exclusion of any means that come in direct contact with the work, distribution or communication to the public of the image of a work of architecture, fine art, photographic or applied art, permanently located in public places, in outside cases where the image of the work is the main subject of such reproduction, distribution or communication and whether it is used for commercial purposes; g) representation and execution of a work in the activities of educational institutions, exclusively for specific purposes and provided that both representation or execution and public access are without payment; h) the use of works during religious celebrations or official ceremonies organized by a public authority; i) the use, for advertising purposes, of the images of the works presented in exhibitions with public or sales access, fairs, public auction of works of art, as a means of promoting the event, excluding any use commercial. (2) Under the conditions provided in par. (1), the reproduction, distribution, broadcasting or communication to the public shall be permitted, without a direct or indirect, commercial or economic advantage: a) of short extracts from press articles and radio or television reports, for the purpose of informing on current issues, except for those for which such use is expressly reserved; b) short fragments of conferences, speeches, pleas and other works of the same kind, which have been expressed orally in public, provided that these uses have as sole purpose the information on actuality; c) short excerpts of the works, within the information on current events, but only to the extent justified by the purpose of the information; d) of works, in the case of use exclusively for illustration in education or for scientific research; e) of works, in the case of use for the benefit of persons with disabilities, who are directly related to that disability and within the limit required by that disability. (3) Provisional reproductive acts which are transients or accessories are exempted from the right of reproduction and constitute an integral and essential part of a technical process and the sole purpose of which is to allow the transmission, within a networks between third parties, by an intermediary or the lawful use of a work or other protected object, and which do not have an economic significance in their own right. (4) In all cases provided in par. ((1) lit. b), c), e), f), i) and in par. (2) the source and the name of the author must be mentioned, unless this proves impossible; in the case of plastic, photographic or architectural works, the place where the original is found must also be mentioned. " 22. Article 34 shall read as follows: "" Art. 34. -(1) It does not constitute a violation of copyright, for the purposes of this law, the reproduction of a work without the consent of the author, for personal use or for the normal circle of a family, provided that the work was previously brought to public knowledge, and its reproduction does not contravene the normal use of the work and does not prejudice the author or the holder of the rights of use. ((2) For the supports on which sound or audiovisual recordings can be made or on which graphic reproductions of the works can be carried out, as well as for stand-alone appliances, regardless of the mode of operation, designed for the realization of children, which allow the reproduction of these works, in the situation provided in par. (1), a compensatory remuneration established by negotiation, according to the provisions of this law, shall be paid. " 23. Article 36 shall be repealed. 24. Article 38 shall read as follows: "" Art. 38. -(1) The assignment of the right of broadcasting of a work to a broadcasting or television body entitles it to record the work for the needs of its own wireless broadcasts, for the purposes of achieving, once, the communication authorized to public. In the case of a new issue of the work thus registered a new authorization is required. If no such authorization is requested within 6 months of the first issue, the registration must be destroyed. ((2) In the case of temporary recordings of works carried out by their own means by broadcasting or television organisations for their own broadcasts, the preservation of such records in the official archives shall be permitted where presents an exceptional documentary value. " 25. Article 40 shall read as follows: "" Art. 40. -In the case of the assignment of the right to reproduction of a work it is presumed that the right to the distribution of the children of such a work has also been divested, with the exception of the right to import, unless otherwise provided by the contract. " 26. Paragraph 1 of Article 41 shall read as follows: "" Art. 41. -(1) The contract for the assignment of patrimonial rights must provide for the patrimonial rights transmitted, the modalities of use, the duration and extent of the assignment, as well as the remuneration of the copyright holder. The absence of any of these provisions entitles the party concerned to request the cancellation of the contract. " 27 paragraphs 1 and 2 of Article 43 shall read as follows: "" Art. 43. -(1) The remuneration due under a contract for the sale of property rights shall be determined by the agreement of the parties. The amount of remuneration shall be calculated either in proportion to the proceeds from the use of the work, either in a fixed amount or in any other (2) When the remuneration has not been established by contract, the author may ask the competent judicial bodies, according to the law, to establish the remuneration. This will be made in view of the amounts usually paid for the same category of works, the destination and the duration of use, as well as other circumstances of the case. " 28. Article 44 shall read as follows: "" Art. 44. -(1) In the absence of a contractual clause contrary, for the works created in the performance of the duties specified in the individual employment contract, the patrimonial rights belong to the author of the created work. In this case, the author may authorize the use of the work by third parties, only with the consent of the employer and its reward for contributing to the costs of creation. The use of the work by the employer, within the object of activity, does not require the authorization of the employee. (2) If the clause provided in par. (1) exists, it is to include the term for which the patrimonial rights of the author were ceded. In the absence of specifying the term, it is three years from the date of handover of the work (3) After the expiry of the deadlines provided in par. (2), in the absence of a contrary clause, the employer is entitled to claim the author the payment of a reasonable share of the income obtained from the use of his work, in order to compensate the costs incurred by the employer for the creation of the work by employed, in the framework of his duties. (4) On the expiry of the term mentioned in paragraph (2) the patrimonial rights of the author. ((5) The author of a work created under an individual employment contract retains the exclusive right of use of the work as part of the whole of his creation. " 29. Article 46 shall read as follows: "" Art. 46. -(1) In the case of the order contract for future works, in the absence of a contrary clause, the patrimonial rights belong to the author. (2) The contract for the order of a future work must include both the term of surrender and the term of acceptance of the work. (3) The person ordering the work has the right to denounce the contract, if the work does not meet the conditions In case of denunciation of the contract, the amounts collected by the author remain to him. If, in order to create a work that was the subject of a contract of order, preparatory works have been carried out, the author shall be entitled to the refund of the expenses incurred. " 30 paragraphs 1, 2, 3 and 6 of Article 47 shall read as follows: "" Art. 47. --(1) The author may request the abolition of the contract of assignment of the patrimonial right if the transferee does not use it or use it to an insufficient extent and if, thereby, the justified interests of the author are affected considerably. (2) The author cannot request the abolition of the assignment contract, if the reasons for non-use or insufficient use are due to his own culpe, the deed of a third party, a fortuitous case or force majeure. (3) The abolition of the assignment contract, referred to in par. ((1), may not be requested before the expiry of two years from the date of assignment of the patrimonial right to a work. In the case of works ceded for daily publications, this term will be three months, and in the case of regular, one-year publications. ....................................................................................... ((6) The acquisition of the property on the material support of the work does not itself confer a right of use on the work. " 31 paragraphs 1 and 2 of Article 48 shall read as follows: "" Art. 48. -(1) Through the editing contract, the copyright holder gives the publisher, in exchange for remuneration, the right to reproduce and distribute the work. (2) It does not constitute a contract to edit the convention by which the copyright holder empowers him, at his own expense, on an editor, in order to reproduce and possibly distribute the work. " 32. Article 50 shall read as follows: "" Art. 50. -The assignment to the publisher of the right to authorize other persons to adapt the work or to use it in any other way must be subject to an express contractual provision. " 33 paragraphs 1 and 5 of Article 56 shall read as follows: "" Art. 56. -(1) In the absence of a contrary clause, the editing contract will cease after the expiry of the established duration or after the exhaustion of the last agreed edition. ....................................................................................... (5) If the publisher intends to destroy the copies of the work, left in stock after a period of two years from the date of publication, and if no other period is provided in the contract, it is obliged to offer the author first at the price per who would have obtained it by selling for destruction. " 34. Article 58 shall read as follows: "" Art. 58. -(1) By the contract of theatrical representation or musical execution, the copyright holder cedes to a natural or legal person the right to represent or to execute in public a current or future, literary, dramatic work, musical, musical-musical, choreographic or a pantomime, in exchange for a remuneration, and the transferee undertakes to represent or execute her under the agreed conditions. (2) General contracts of theatrical representation or musical execution may be concluded and through collective management bodies, under the conditions provided in art. 130 130 para. ((1) lit. c). " 35 paragraphs 1, 2 and 3 of Article 59 shall read as follows: "" Art. 59. -(1) The contract of theatrical representation or musical execution shall be concluded in writing, for a determined duration or for a determined number of public communications. ((2) The contract must provide for the term in which the first or only representation or execution of the work will take place, as the case may be, the exclusive or non-exclusive nature of the assignment, the territory, as well as the (3) Discontinuation of representations or executions, for two consecutive years, if no other term has been provided by contract, entitles the author to request the abolition of the contract and damages for non-performance, according to the common law. " 36. Article 63 shall read as follows: "" Art. 63. -(1) By the lease of a work, the author undertakes to allow the use, in determined time, at least of a copy of his work, in original or in copy, in particular computer programs or works fixed in records sound or audiovisual. The beneficiary of the rental right undertakes to pay a remuneration to the author while using that copy of the work. (2) The contract for the rental of a work is subject to the provisions of common law on the lease contract. ((3) The author shall retain the copyright of the rented work, except for the right of distribution, unless otherwise agreed. " 37. Article 64 shall read as follows: "" Art. 64. -The audiovisual work is the cinematographic work, the work expressed by a process similar to cinema or any other work consisting of a succession of moving images, accompanied or not by sounds. " 38 paragraphs 1 and 4 of Article 67 shall read as follows: "" Art. 67. -(1) If one of the authors referred to in art. 66 refuses to finalize his contribution to the audiovisual work or is unable to do so, he will not be able to oppose its use in order to finalize the audiovisual work. This author will be entitled to remuneration for his contribution. ....................................................................................... (4) The authors of the audiovisual work, other than the main author, may not object to the public knowledge, as well as to the specific use of the final version of the work, in whole or in part. " 39. Article 70 shall read as follows: "" Art. 70. -(1) Through the contracts concluded between the authors of the audiovisual work and the producer, in the absence of a contrary clause, it is presumed that they give the producer the exclusive rights regarding the use of the work as a whole, provided in art. 13, as well as the right to authorize duplication and subtitles, in exchange for a fair remuneration. (2) In the absence of a contrary clause, the authors of the audiovisual work, as well as other authors of contributions thereto, retain all rights of separate use of their own contributions, as well as the right to authorize and/or prohibit uses outside the specific one of the work, in whole or in part, such as the use of fragments of the cinematographic work for advertising, other than for the promotion of the work, under the conditions of the 40. Article 71 shall read as follows: "" Art. 71. -(1) In the absence of a contrary clause, the remuneration for each mode of use of the audiovisual work is proportional to the gross proceeds resulting from the use of the work. (2) The producer is obliged to submit to the authors, periodically, the situation of the collected receipts after each mode of use. The authors receive the remuneration due either through the manufacturer, either directly from the users or through the collective management bodies of the copyright, based on the general contracts concluded by them with the users. For the rental right, the authors receive the remuneration according to art. 111 111 ^ 1. (3) If the producer does not complete the audiovisual work in five years after the conclusion of the contract or does not broadcast the audiovisual work within a year after its completion, the co-authors may request the termination of the contract, unless otherwise agreed. " 41. In Article 73, the introductory part and letters a) and c) shall read as follows: "" Art. 73. -The copyright holder of a computer program shall duly benefit from the rights provided by this Law, in Part I of this Title, in particular by the exclusive right to carry out and authorize: a) the permanent or temporary reproduction of a program, in whole or in part, by any means and in any form, including where reproduction is determined by the installation, storage, running or execution, display or transmission in network; ....................................................................................... c) the distribution and rental of the original or the children of a computer program in any form. " 42. Article 74 shall read as follows: "" Art. 74. -In the absence of a contrary clause, the patrimonial copyright on computer programs, created by one or more employees in the exercise of their duties or by the instructions of the one who hires, belong to him from trace. " 43. The introductory part of paragraph 1 of Article 75 shall read as follows: "" Art. 75. -(1) In the absence of a contrary clause, a contract for the use of a computer program shall be presumed as: " 44. Article 76 shall read as follows: "" Art. 76. -In the absence of a contrary clause, the acts provided for in art. 73 lit. a) and b), if they are necessary to allow the legitimate acquirer to use the computer program in a manner corresponding to its destination, including for the correction of errors. " 45 paragraphs 1 and 2 of Article 77 shall read as follows: "" Art. 77. -(1) The authorized user of a computer program may, without authorization of the copyright holder, make an archive or safety copy, in so far as it is necessary to ensure the use of the program. (2) The authorized user of the copy of a computer program may, without authorization of the copyright holder, analyze, study or test the operation of this program in order to determine the ideas and principles underlying the basis of any element thereof, on the occasion of any operation of installation, display, rolling or execution, transmission or storage of the programme, operations which it is entitled to carry out. " 46. The introductory part of Article 78 shall read as follows: "" Art. 78. -The authorization of the copyright holder is not mandatory when the reproduction of the code or the translation of the form of this code is indispensable for obtaining the information necessary for the interoperability of a computer program with other computer programs, if the following conditions are met: " 47 47. The letter c) of Article 79 shall read as follows: "c) may not be used for the completion, production or marketing of a computer program, the expression of which is fundamentally similar, or for any other act affecting the rights of the rightholder of the copyright." 48. Article 80 shall read as follows: "" Art. 80. --Provisions art. 78 78 and 79 shall not apply, if damage is caused to the rightholder of the copyright or the normal use of the computer program. " 49. Paragraph 1 of Article 86 shall read as follows: "" Art. 86. -(1) The right of the author of a photographic work to use his own work must not prejudice the rights of the author of the artwork reproduced in the photographic work. " 50. Article 88 shall read as follows: "" Art. 88. -(1) The use of a work containing a portrait requires the consent of the person represented in this portrait. The author, its owner or its owner has no right to reproduce or use it without the consent of the person represented or its successors, for 20 years after his death. (2) In the absence of a contrary clause, consent is not necessary if the person represented in the portrait is a model profession or received a remuneration to pose. (3) Consent provided in par. ((1) is not necessary for the use of a work containing the portrait: a) a generally known person, if the portrait was executed on the occasion of his public activities; b) a person whose representation constitutes only a detail of a work presenting a gathering, a landscape or a public manifestation. " 51. Article 89 shall read as follows: "" Art. 89. -The use of a correspondence addressed to a person requires the consent of the recipient, and after his death, for 20 years, of his successors, if the receiving person has not expressed another wish. " 52. Article 90 shall read as follows: "" Art. 90. -The person represented in a portrait and the receiving person of a correspondence may exercise the right provided for in art. 10 lit. d), with regard to the use of the work containing the portrait or correspondence, as the case may be. " 53. Title II shall read as follows: "" TITLE II Rights related to copyright and rights sui-generis ' 54. Paragraph 2 of Article 92 shall read as follows: " (2) The patrimonial rights recognized in this title may be assigned, in whole or in part, under the conditions provided in art. 39-43, which is applied by analogy. These rights may be the subject of an exclusive or non-exclusive assignment. " 55. Article 93 shall be repealed. 56. Article 94 shall read as follows: "" Art. 94. -They are recognized and protected, as rightholders related to copyright, performers, for their own interpretations or executions, producers of sound recordings and producers of audiovisual recordings, for their own records, and broadcasting and television organisations, for their own programmes and programme services. " 57 57. The letter d) of Article 96 shall be repealed. 58. Paragraph 2 of Article 97 shall read as follows: " (2) After the death of the artist interpreter or executor, the exercise of the rights 96 is transmitted by inheritance, according to civil legislation, for unlimited duration. If there are no heirs, the exercise of these rights shall lie with the collective management body which has administered the rights of the performer or, where appropriate, to the body with the largest number of members in that field. " 59. Article 98 shall read as follows: "" Art. 98. -(1) The interpreter or executor has the exclusive patrimonial right to authorize or prohibit the following: a) fixing the interpretation or its execution; b) reproduction of all or part, direct or indirect, temporary or permanent, by any means and in any form, interpretation or execution fixed: c) distribution of the interpretation or execution; d) the rental of the interpretation or execution; e) the loan of the interpretation or execution; f) import for sale on the internal market of interpretation or execution; g) the broadcasting and public communication of its interpretation or execution, unless the interpretation or execution has already been fixed or broadcast; h) making available to the public the interpretation or its execution fixed, so that it can be accessed, at any place and at any time chosen, individually, by the public; i) cable retransmission of the interpretation or execution fixed. (2) For the purposes of this law, incorporation, by any means, of sounds, images or sounds and images or of their digital representations, in any kind of support, including electronic, which allows the perception, reproduction, or their communication to the public, in some way. (3) The definitions of art. 14, 14 ^ 1, 14 ^ 2, 14 ^ 3, 14 ^ 4, 15 para. ((1), art. 15 ^ 1 and 15 ^ 2 shall apply, by analogy, to the rights provided in par. ((1). ' 60. Article 99 shall read as follows: "" Art. 99. -(1) For the purposes of this law, the execution or interpretation of a work is collective, if the individual interpretations or executions form a whole, without being possible, given the nature of the interpretation or execution, to assign a right distinct to any of the participating artists on the ensemble of interpretation or execution. (2) In order to exercise the exclusive rights regarding the authorization provided for in art. 98, performers who participate, collectively, in the same interpretation or execution, such as the members of a musical group, of a choir, of an orchestra, of a corps of ballet or of a theatrical band, must mandate, in written, among them, a representative, with the consent of most members. (3) They are exempted from the provisions of par. (2) the director, conductor and soloists. " 61. Article 100 shall read as follows: "" Art. 100. -In the case of an interpretation or execution carried out by an artist, within the framework of an individual employment contract, the patrimonial rights provided in art. 98, which are transmitted to the employer, must be expressly provided for in the individual employment contract. " 62.-Article 101 shall read as follows: "" Art. 101. -In the absence of a contrary clause, the interpreter or performer, who participated in the performance of an audiovisual work, an audiovisual recording or a sound recording, is presumed to give in to its producer, in exchange for a equitable remuneration, the exclusive right to use its performance thus fixed, by reproduction, distribution, import, hire and loan. ' 63. Article 103 shall read as follows: "" Art. 103. -(1) It is considered sound recording or phonogram, for the purposes of this law, any fixation, exclusively audible, of sounds originating from an interpretation or execution of a work or other sounds or of the digital representations of these sounds, whatever the method and the support used for this fixture. There shall be no audible recording or audible part of it or its digital representation. (2) The producer of sound recordings is the natural or legal person who has the initiative and assumes the responsibility of organizing and financing the realization of the first fixation of sounds, whether or not they constitute an opera within the meaning of this law. " 64. Article 104 shall read as follows: "" Art. 104. -In the case of reproduction and distribution of sound recordings, the manufacturer is entitled to enroll on their supports, including on covers, boxes and other packaging material supports, in addition to the mentions of the author and performer or executor, the titles of the works, the year of the first publication, the trade mark and the name or name of the manufacturer. ' 65. Article 105 shall read as follows: "" Art. 105. -(1) Under the conditions provided in art. 92 92 para. (1), the sound recording producer shall have the exclusive patrimonial right to authorize or prohibit the following: a) full or partial reproduction, direct or indirect, temporary or permanent, by any means and in any form, of their own sound recordings; b) the distribution of sound recordings; c) renting their own sound recordings; d) borrowing of sound recordings e) import, with a view to marketing on the internal market, the legal copies made of their own sound recordings; f) the broadcasting and public communication of its own sound recordings, with the exception of those published for commercial purposes; g) making available to the public their own sound recordings, so that they can be accessed, at any place and at any time chosen, individually, by the public; h) cable retransmission of own sound recordings. (2) The definitions of art. 14, 14 ^ 1, 14 ^ 2, 14 ^ 3, 14 ^ 4, art. 15 15 para. ((1), art. 15 ^ 1 and 15 ^ 2 shall apply, by analogy, to the rights provided in par. ((1). (3) The sound recording producer has the right to prevent the importation of copies of his own sound recordings made without his authorization. (4) Provisions of para. ((1) lit. e) does not apply when the import is made by a natural person, without commercial purposes, in the personal luggage legally admitted. " 66. After Article 106, Chapter III ^ 1 is inserted, with Articles 106 ^ 1 -106 ^ 4, with the following contents: "" CHAPTER III ^ 1 Rights of audiovisual recording producers Art. 106 ^ 1. -(1) It is considered audiovisual recording or videogram, for the purposes of this law, any fixing of an audiovisual work or sequences of moving images, whether or not accompanied by sound, whatever the method and support used for it fixing. ((2) The producer of an audiovisual record is the natural or legal person who has the initiative and takes responsibility for the organization and realization of the first fixation of an audiovisual work or sequences of moving images, accompanied or not sound and, in that capacity, provide the necessary technical and financial means. Art. 106 ^ 2. -In the case of reproduction and distribution of their own audiovisual records, the manufacturer shall be entitled to enroll on their supports, including covers, boxes and other packaging material, the name or the name of the manufacturer, in addition to the entries concerning the author and the performer, the titles of the works, the year of the first publication, the trade mark and the name or the name of the manufacturer. Art. 106 ^ 3. -(1) The producer of an audiovisual record has the exclusive patrimonial right to authorize or prohibit the following: a) full or partial reproduction, direct or indirect, temporary or permanent, by any means and in any form, of their own audiovisual records; b) distribution of the original or copies of their own audiovisual records; c) renting their own audiovisual records; d) borrowing of their own audiovisual records; e) import, with a view to marketing on the internal market, of their own audiovisual records; f) public broadcasting and communication of their own audiovisual recordings; g) making available to the public their own audiovisual recordings, so that they can be accessed, at any place and at any time chosen, individually, by the public; h) cable retransmission of own audiovisual recordings. (2) The definitions of art. 14, 14 ^ 1, 14 ^ 2, 14 ^ 3, 14 ^ 4, 15 para. ((1), art. 15 ^ 1 and 15 ^ 2 shall apply, by analogy, to the rights provided in par. ((1). Art. 106 ^ 4. -(1) The duration of the patrimonial rights of the audiovisual recording producers is 50 years, starting with January 1 of the calendar year immediately following the one in which the first fixing took place. (2) If the audiovisual recording is brought to public attention during this period, the duration of the patrimonial rights expires after the passage of 50 years from the date of bringing to public knowledge. " 67. After the title of Chapter IV of Title II, Articles 106 ^ 5 and 106 ^ 6 are inserted with the following contents: "" Art. 106 106 ^ 5. --(1) For the direct or indirect use of phonograms published for commercial purposes or their reproductions by broadcasting or by any means of communication to the public, performers and producers of phonograms are entitled to a single equitable remuneration. (2) The amount of this remuneration is determined by the methodologies, according to the procedure provided in art. 131 131, 131 ^ 1 and 131 ^ 2. ((3) The collection of the single remuneration is carried out under the conditions provided in art. 133. (4) The beneficiary collective management bodies shall establish, through a protocol, which shall be submitted to the Romanian Copyright Office, the proportion of the distribution of remuneration between the two categories of beneficiaries. If the beneficiaries do not submit the protocol to the Romanian Copyright Office, within 30 days from the date of entry into force of the methodologies, the remuneration shall be divided, equally, between the two categories of beneficiaries. Art. 106 ^ 6. -The right of distribution shall be exhausted with the first sale or the first transfer of ownership of the original or copies of a sound or audiovisual recording on the internal market, by the rights holder or with the its consent. " 68. Article 107 shall read as follows: "" Art. 107. -(1) The authors of the works reproduced after sound or audiovisual recordings, as well as those of the works reproduced from the paper, on any other type of support, shall be entitled, together with the publishers, producers and performers, as the case may be, to a compensatory remuneration for private copying, carried out under the conditions laid down in art. 34 34 para. ((2). The right to compensatory remuneration for private copying may not be the subject of a waiver by beneficiaries. (2) The compensatory remuneration for private copying shall be paid by the manufacturers and importers of supports or appliances, provided in art. 34 34 para. (2), whether the process used is an analogue or digital one. (3) Importers and manufacturers of supports and appliances, provided in art. 34 34 para. (2), are obliged to register with the Romanian Copyright Office, in the National Register of Private Copy, and may carry out the respective import or production activities only after obtaining from the Romanian Copyright Office. of the Certificate of Registration. This certificate shall be issued by the Romanian Copyright Office, on the basis of the evidence of the legally declared object of activity and of the Single Registration Certificate at the trade register. (. The list of the supports and apparatus for which the compensatory remuneration for private copying is due and the amount of that remuneration shall be negotiated annually between the collecting societies representing each category of beneficiaries and associations of importers and manufacturers of supports or appliances. (5) The negotiation provided in par. (4) shall be carried out within a commission established by the decision of the Director General of the Romanian Copyright Office, issued, ex officio, in the first decade of January of the calendar year for which it is negotiated. The decision of the Director General of the Romanian Copyright Office shall be published in the Official Gazette of Romania, Part I. The negotiating committee shall be made up of: a) a representative of collective management organisations operating in a field; b) one representative of the main associative structures of the manufacturers and importers of appliances or, in the absence of these structures, one representative of the first three importers or major manufacturers in the field, established on the basis of the figure of business. (6) In order to conduct the negotiations provided in par. (5), collective management bodies and associations of manufacturers and importers, provided in par. (4), shall submit to the Romanian Copyright Office, in the last month of the year before the negotiations, proposals on the list of supports and appliances, as well as the amounts of remuneration to be negotiated. (7) The remunerations negotiated by the parties are percentage and must be entered between the following limits: A. for supports: a) paper sheets for copier, A4 format: from 0,5% to 1%; b) other supports: from 3% to 7%; B. for appliances: from 0,5% to 1,5%. (8) The compensatory remuneration for private copying is calculated on the customs value, in the case of imports and, respectively, on the value invoiced without T.V.A., on the occasion of the placing in circulation of the products by the producers, invoice and is paid in the month following the billing date. ((9) Negotiations for determining the amount of compensatory remuneration shall be convened by the Romanian Copyright Office and shall be carried out according to the procedures provided in art. 131 131 ^ 1. " 69. After Article 107, Articles 107 ^ 1 and 107 ^ 2 are inserted as follows: "" Art. 107 107 ^ 1. -(1) Compensatory remuneration for private copying shall be collected by a single collector management body for works reproduced after sound and audiovisual recordings and by another single collector management body for works. reproduced from paper. The two collective management bodies, with powers of unique collector, are designated according to the provisions of art. 133. ((2) The importers and manufacturers of supports and appliances for which the compensatory remuneration for private copying is due are required to communicate, on a monthly basis, with the payments made to the single collector management body, a list of products billed, imported or manufactured in Romania. For the verification of the accuracy of the data in the list of imported or manufactured products invoiced, on which the payments are based, the management body that is the sole collector has the right to request the Romanian Office for Copyright Information and supporting documents. (. For payment delays of up to six months, the parties which negotiated the compensatory remuneration may agree penalties. For non-payment, more than six months, of compensatory remuneration, the single collector management body may file a complaint with the Romanian Copyright Office, requesting the conduct of controls and the application of sanctions Contravention. Art. 107 ^ 2. -(1) The compensatory remuneration for the private copy collected by the single collecting societies shall be distributed to the beneficiaries, as follows: a) in the case of child supports and appliances recorded sound, by analogical procedure, 40% of the remuneration returns, in negotiable parts, to the authors and editors of the registered works, 30% returns to the performers, and the remaining 30% returns to producers of sound recordings; b) in the case of audiovisual media supports and apparatus, by analogical procedure, the remuneration shall be divided equally between the following categories: authors, performers and producers; c) in the case of registered children, by analogical procedure, on paper, the remuneration is divided equally between authors and editors, and the amounts due to publishers are distributed through the associations of editors, based on a protocol concluded with them; d) in the case of children registered by digital procedure, on any type of support, the remuneration shall be divided equally between the beneficiaries corresponding to each of the three categories referred to in lett. a), b) and c), and, within each category, according to those set out in the said letters. (2) The right provided in par. ((1) may not be the subject of a waiver by the beneficiaries. " 70. Article 108 shall read as follows: "" Art. 108. -Compensatory remuneration for private copying shall not be paid where unregistered audio, video or digital media, produced in the country or imported, is marketed wholesale to producers of sound and audiovisual recordings or to broadcasters and broadcasters, for their own broadcasts. " 71. Article 109 shall be repealed. 72. Article 110 shall read as follows: "" Art. 110. --Provisions art. 107 does not apply to the import of supports and appliances that allow the realization of children, carried out without commercial purpose, in the personal luggage legally admitted. " 73. Article 111 shall be repealed. 74. After Article 111, the following Article 111 ^ 1 shall be inserted: "" Art. 111 111 ^ 1. -(1) If an author or performer has transferred or ceded his right to rent or loan, in respect of a phonogram or a videogram, to a producer of phonograms or audiovisual recordings, he or she has been transferred to the retain the right to obtain a fair remuneration. (2) The right to obtain a fair remuneration for rent cannot be the subject of a waiver by authors or performers, as beneficiaries. (3) The authors and performers will receive the remuneration due either directly from the producers, according to the contracts concluded with them, or from the users, only through the collective management bodies, according to the contracts between the beneficiaries of remuneration and producers. ' 75. Article 112 shall read as follows: "" Art. 112. --Provisions art. 33, 34 and 37 shall apply, by analogy, to performers, as well as to producers of sound and audiovisual recordings. " 76. Article 112 (1) shall be inserted after Article 112: "" Art. 112 112 ^ 1. -If the rightholders benefit, by the effect of the law, from a compulsory remuneration, they cannot oppose the uses that generate it. " 77. Article 113 shall read as follows: "" Art. 113. -The broadcasting and television organisations shall have the exclusive patrimonial right to authorise or prohibit, with the obligation for the one authorised to mention the names of the bodies, the following: a) the fixing of its own broadcasts and services of broadcasting or television programmes; b) full or partial reproduction, direct or indirect, temporary or permanent, by any means and in any form, of its own broadcasts and services of broadcasting or television programs fixed on any kind of support; c) the distribution of its own broadcasts and services of broadcasting or television programs fixed on any kind of support; d) import, with a view to marketing on the internal market, of its own broadcasts and services of broadcasting or television programs fixed on any kind of support; e) retransmission or reissue of its own broadcasts and services of broadcasting or television broadcasting programs by wireless means, by wire, by cable, by satellite or by any other similar process, and by any other means of communication to the public, including Internet retransmission; f) the public communication of its own broadcasts and services of broadcasting programs or television in places accessible to the public, with the payment of entry; g) the rental of own broadcasts and services of broadcasting or television programs, fixed on any type of support; h) the loan of own broadcasts and services of broadcasting or television programs fixed on any kind of support; i) making available to the public their own broadcasts and services of broadcast or television programs fixed on any kind of support, whether they were issued by wire or wireless, including by cable or satellite, so as to can be accessed at any place and at any time chosen, individually, by the public. " 78. After Article 113, Articles 113 ^ 1 and 113 ^ 2 are inserted as follows: "" Art. 113 113 ^ 1. -(1) By reissue, for the purposes of this law, it is understood the simultaneous issuance, by a broadcasting body, of a program of another broadcasting body. (2) The definitions of art. 14, 14 ^ 1, 14 ^ 2, 14 ^ 3, 14 ^ 4, 15 para. (1), 15 ^ 1, art. 15 15 ^ 2 and 98 para. (2) shall apply, by analogy, to the rights provided in art. 113. Art. 113 ^ 2. -(1) Broadcasting and television organizations have the exclusive right to prevent the importation of copies of their own broadcasting or television programs, carried out without their authorization and fixed on any type of support. (2) Provisions art. 113 lit. d) does not apply when the import is made by a natural person, without commercial purpose, in the personal luggage legally admitted. " 79. Article 114 shall read as follows: "" Art. 114. -The duration of the rights provided for in this Chapter shall be 50 years, with effect from 1 January of the year following the year in which the first broadcast of the programme or programme service of the broadcasting body took place. television. " 80. Article 115 shall read as follows: "" Art. 115. -The right of distribution of a television broadcasting program, fixed on any kind of support, shall be exhausted with the first sale or with the first transfer of ownership of the original or its children, on the domestic market, by the rightholder or with his consent. " 81. Article 116 shall read as follows: "" Art. 116. -The provisions contained in art. 33, 34 and 37 shall apply, by analogy, to broadcasters and broadcasters. " 82. Article 118 shall read as follows: "" Art. 118. --(1) If the broadcast signals or program services are broadcast in a coded form, their introduction into the communication chain is considered public communication, if the show decoding device is set up. to the public through that body or with its consent. (2) The responsibility of public communication, if the carrier signals are transmitted by a body located outside Romania, is ensured as follows: a) if the signals are transmitted to the satellite via an ascent link station located on the territory of Romania, the responsibility lies with the person using the station; b) if an ascending link station is not called, but the communication to the public has been authorized by a body based in Romania, the responsibility lies with the body that authorized it. " 83 paragraphs 1 and 2 of Article 119 shall read as follows: "" Art. 119. -(1) The holders of the copyright may assign their rights for the public communication by satellite to a broadcasting or television body, only through a contract concluded either by means of a collective management organisation or individually. ((2) The framework contract concluded between a collective management organisation and a broadcasting or television organisation, for the public satellite communication of a category of works belonging to a particular field, may also produce its effects. by rightholders who are not represented by collective management organisations, if this communication to the public by satellite takes place simultaneously with the terrestrial broadcasting carried out by the same broadcaster. The unrepresented rightholder shall have the possibility, at any time, to remove the effects of the framework contract by an individual contract. " 84. Article 120 shall be repealed. 85. Article 121 shall read as follows: "" Art. 121. -(1) Titulation of copyright or related rights may exercise their rights for the authorization or prohibition of cable retransmission, on the basis of contracts concluded only by means of a collective management body. (2) The amount of the remuneration on copyright and related rights, for cable retransmission, shall be established by a single methodology, negotiated between the collective management bodies of copyright and related rights, on on the one hand, and the associative structures of cable distributors, on the other hand, according to the procedures provided in art. 131 131, 131 ^ 1 and 131 ^ 2. (3) In the framework of the negotiations referred to in (2), the provisions of art. 131 ^ 1 para. ((1). Collective management bodies may apply for flat or percentage rates within the maximum limit of 1.5% for copyright and 0.5% respectively for related rights, relative to user income, from the activity of retransmission of the program services. (4) The collective management body which is a single collector, as well as the proportion of the distribution of remuneration between the categories of beneficiaries shall be established according to the provisions of 133. (5) If some rightholders have not entrusted the management of their rights to a collective management organisation, the body which manages the rights in the same category shall be considered to be the manager of their rights. If there are several collective management bodies in the same field, the rightholder may choose between them. The claim of rights by these holders may be made within 3 years from the date of notification. " 86. Article 121 shall be inserted after Article 121, 1 with the following contents: "" Art. 121 121 ^ 1. -(1) Provisions of art. 121 121 para. ((1) shall not apply to rights exercised by broadcasting or television organisations in respect of their own programmes and programme services, irrespective of whether the rights in question belong to them or have been assigned by other rightholders of author or related rights. In this case, the exercise of the right of cable retransmission by a broadcasting or television body is made by contracts concluded with cable distributors, except in cases where cable retransmission is compulsory by law. ((2) Authorization granted by the holders of copyright or related rights, for the broadcasting, on the territory of Romania, by a broadcasting or television body located in Romania, of a service of copyright or related rights, shall also include the authorisation for retransmission by cable, without payment, by cable distributors, of any separate remuneration to these holders. '; 87. Article 122 shall be repealed. 88. After Article 122, Chapter VI of Title II is inserted, with Articles 122 ^ 1 -122 ^ 4, with the following contents: "" CHAPTER VI Sui-generis rights of database manufacturers Art. 122 ^ 1. -(1) The provisions of this Chapter concern the legal protection of databases in any form thereof. (2) For the purposes of this law, the database means a collection of works, data or other independent elements, protected or not by copyright or related, arranged in a systematic or methodically accessible way and individually accessible by electronic means or by another way. ((. The protection provided for in this Chapter shall not apply to computer programs used in the manufacture or operation of databases accessible by electronic means. (4) For the purposes of this law, the manufacturer of a database is the natural or legal person who has made a substantial quantitative and qualitative investment in order to obtain, verify or submit the content of a database. Art. 122 ^ 2. -(1) The manufacturer of a database has the exclusive patrimonial right to authorize and prohibit the extraction and/or reuse of all or a substantial part of it, assessed qualitatively or quantitatively. (2) For the purposes of this Law, it is understood by a) extraction: permanent or temporary transfer of all or part of the content of the database to another medium by any means or in any form; b) reuse: any form of making available to the public all or part, assessed qualitatively or quantitatively, substantially the content of the database by distributing copies, by renting or in other forms, including by making the content of the base available to the public so that anyone can have access to it in the place and at the time chosen individually. The first sale on the domestic market of a copy of the database by the holder of the sui-generis right or with its consent exhausts the right to control the resale of this copy. (3) The public loan of a database is not an act of extraction or reuse. (4) The right provided in par. ((1) shall apply independently of the possibility of protecting the database or its content by copyright or other rights. Protection of databases by the right provided in par. ((1) does not prejudice existing rights with regard to their content. (5) It is not permitted to extract or reuse, repeatedly and systematically, non-substantial parts of the content of the database if it would entail acts contrary to a normal use of this base or cause undue harm. the legitimate interests of the database manufacturer. Art. 122 ^ 3. -(1) The manufacturer of a database which is made available to the public in any way cannot prevent its legitimate use, by extracting or reusing non-ubstantial parts of its contents, whatever the purpose use. Where the legitimate user is authorised to extract or reuse only part of the database, the provisions of this paragraph shall apply to this party. (2) The legitimate user of a database that is made available to the public in any way cannot perform acts that conflict with the normal use of this database or that unduly harm legitimate interests. of the database manufacturer. (3) The legitimate user of a database which is made available to the public in any way may not prejudice the holders of a copyright or related right that refers to works or benefits contained in this database. (4) The legitimate user of a database which is made available to the public in any way may, without the authorization of the database manufacturer, extract or reuse a substantial part of its content: a) if the extraction is made for the purpose of private use of the content of a non-electronic database; b) where the extraction for use is for education or scientific research, provided that the source is indicated and to the extent justified by the non-commercial purpose pursued; c) where an extraction or reuse is made for the purpose of defending public policy and national security, or in administrative or judicial proceedings. Art. 122 ^ 4. -(1) The rights of the database manufacturer shall be born with the completion of the database. The duration of the protection is 15 years, starting with January 1 of the year immediately following the completion of the database. ((2) If the database has been made available to the public in any way before the expiry of the period provided in par. ((1), the duration of the protection shall be calculated from 1 January of the year immediately following that in which the database was made available to the public for the first time. ((3) Any substantial, qualitatively or quantitatively assessed change in the content of a database, consisting, in particular, in additions, suppression or successive changes and for which a substantial new investment may be deemed to have been made, qualitative or quantitative assessment, allows the results of the database resulting from this investment to be awarded. '; 89. Article 123 shall read as follows: "" Art. 123. -(1) The holders of copyright and related rights may exercise their rights recognized by this law individually or, on the basis of a mandate, through collective management bodies, under the conditions of this law. (2) The collective management of copyright can only be made for works previously brought to public knowledge, and collective management of related rights can be made only for interpretations or executions fixed or previously broadcast, as well as for phonograms or videograms previously brought to public knowledge. (3) The holders of copyright or related rights may not assign the patrimonial rights recognized by this law to collective management bodies. " 90. After Article 123, Articles 123 ^ 1, 123 ^ 2, 123 ^ 3 and 124 ^ 4 with the following contents are inserted: "" Art. 123 123 ^ 1. -(1) Collective management is compulsory for the exercise of the following rights: a) the right to compensatory remuneration for private copying; b) the right to equitable remuneration for the public loan provided in art. 14 ^ 4 para. ((2); c) the right of suite; d) the right of broadcasting of musical works; e) the right of public communication of musical works, with the exception of the public projection of cinematographic works; f) the right to fair remuneration recognised by performers and producers of phonograms for the public communication and broadcasting of phonograms of trade or their reproductions; g) the right of cable retransmission. (2) For the categories of rights provided in par. ((1), collective management organisations shall also represent rightholders who have not given them a mandate. Art. 123 ^ 2. -(1) The following rights may be collectively managed: a) the right of reproduction of musical works on phonograms or videograms; b) the right of public communication of works; c) the right of loan, except as provided in art. 123 ^ 1 para. ((1) lit. b); d) the right of broadcasting of works; e) the right to equitable remuneration resulting from the assignment of the rental right provided for in art. 111 ^ 1 para. ((1). (2) For the categories of rights provided in par. ((1), collective management organisations represent only rightholders who have granted them a mandate and may develop methodologies, within the limit of the managed repertoire. Collective management bodies will provide users, at their request, with the repertoire of works managed, among those used by the applicant, in the form provided for in art. 126 126 para. (2), as well as the list of rightholders of copyright and related rights, Romanians and foreigners, which they represent. This collective management activity is under the supervision and control of the Romanian Copyright Office, as a guarantor of law enforcement. (3) The collective management bodies shall authorise, upon request, the use of works of intellectual creation, only on the basis of documents certifying the existence of the mandate of copyright or related rightholders, except in cases of management compulsory collective. Art. 123 ^ 3. -Rights recognized in this chapter, except those provided for in art. 123 ^ 1 and 123 ^ 2, can be managed through collective management bodies, only within the special mandate granted by rightholders. Art. 123 ^ 4. -In the individual negotiations on the rights recognised by this Law, the existence of collective management organisations does not prevent copyright and related rights from being addressed to intermediaries, persons physical or specialized legal persons, to be represented. " 91 paragraphs 1 and 2 of Article 125 shall read as follows: "" Art. 125. -(1) The collective management bodies provided for in this chapter shall be constituted under the law, with the opinion of the Romanian Copyright Office, and shall operate according to the regulations on associations without patrimonial purpose and according to provisions of this law ((2) These bodies are created directly by the rightholders of copyright or related rights, natural or legal persons, and act within the limits of the mandate entrusted and on the basis of the statute adopted after the procedure provided by law. " 92. After Article 125, the following Article 125 ^ 1 shall be inserted: "" Art. 125 125 ^ 1. -The collective management bodies are required to communicate to the public, by means of mass information, the following data: a) the categories of rightholders they represent; b) the patrimonial rights it manages; c) the categories of users who have payment obligations to rightholders; d) the normative acts under which they operate and collect the remuneration due to rightholders; e) the methods of collection and the persons responsible for this activity, locally and centrally; f) working hours. " 93. Article 126 shall read as follows: "" Art. 126. -(1) The opinion provided for in art. 125 125 para. (1) shall be granted to collective management bodies established in Romania, which shall: a) is to be constituted or operates according to the legal regulations on the date of entry into force of this Law; b) submit to the Romanian Copyright Office the repertoire of works, artistic interpretations and executions, phonograms and videograms, belonging to their own members and which they manage, as well as the contracts concluded, for the management of rights similar, to foreign bodies; c) have adopted a statute fulfilling the conditions laid down by this Law; d) have economic capacity for collective management and have the human and material means necessary to manage the repertoire throughout the country; e) allow, according to the express procedures in its own statute, the access of any copyright holders or related rights in the field for which they are established and who wish to entrust them with a mandate. (2) The repertoire referred to in par. ((1) lit. b) is submitted in written and electronic format, established by decision of the Director General, and contains, at least, the name of the author, the name of the rightholder, the title of the work, the elements of identification of the performers, the phonograms or videograms. (3) The opinion of formation and functioning for the collective management body shall be granted by decision of the Director General of the Romanian Copyright Office and shall be published in the Official Gazette of Romania, Part I, at the expense the collective management organisation. '; 94. Article 127 shall read as follows: "" Art. 127. -(1) The status of the collective management body shall contain provisions on: a) the name, field and object of activity and the rights it manages on the basis of the repertoire constituted for this purpose; b) the conditions under which the management of rights for their holders is carried out, based on the principle of equal treatment; c) the rights and obligations of members in relation to the collective management organisation; d) the method of designation and the duties of the general manager responsible for the functioning of the collective management body, as well as of the administration and representation bodies; e) initial heritage and economic resources; f) the rules applicable to the distribution of the collected rights, in proportion to the actual use of the repertoire of rightholders, as well as the rules on the regime of undistributed or unclaimed amounts; g) rules on how to determine the methodologies to be negotiated with users and rules on representation in the negotiations; h) the modalities of verification of economic and financial management by the members; i) the procedures for determining the commission due to the rightholders of the collective management body to cover the expenses necessary for the operation j) any other mandatory provisions according to the legislation in force. (2) The board of directors of the collective management body may not be part of the general manager or any other person who has the status of repaid employee of the body. The members of the collective management body who receive participation allowance in the activities of the elected governing bodies shall not be repaid. (3) Any proposal to amend the Statute shall be subject to the notice, by the Romanian Copyright Office, at least two months before the general meeting of the collective management body in which the amendment is to be approved. The Romanian Copyright Office issues this opinion within 10 days of the request, and the opinion is submitted to the court in order to register the amendment. If the opinion is negative, it must be reasoned. (4) Any modification of the statute made and registered with the court without the opinion of the Romanian Copyright Office shall be void of law. " 95. Article 128 shall be repealed. 96. Article 129 shall read as follows: "" Art. 129. -(1) The collective management mandate of the patrimonial, authoring or related rights is granted directly, by contract written by the rightholders. ((. Each rightholder who has given a mandate to the collective management body shall be entitled to a vote at the general meeting. Performers who participated in an execution or a collective interpretation of a work shall be entitled to a single vote in the general meeting, by the representative appointed according to the procedure provided for in art. 99 99 para. ((2). (3) The collective management mandate of the patrimonial, authoring or related rights, may be granted and indirectly by the holders, through written contracts, concluded between collective management bodies in Romania and foreign bodies managing similar rights, based on the repertoire of their members. The indirect mandate does not entitle rightholders to vote. ((4) Any copyright or related rights holder may entrust by mandate the administration of its rights relating to its own repertoire to a collective management body. That body is obliged to accept the administration of these rights on the basis of collective management within the limit of its object of activity. (5) Collective management bodies may not have as their object of activity the use of the protected repertoire for which they have received a collective management mandate. " 97. Article 129 shall be inserted after Article 129 with the following contents: "" Art. 129 129 ^ 1. -In the case of mandatory collective management, if a holder is not associated with any body, the competence of the body in the field, with the highest number of members. The claim by holders of unrepresented rights of due amounts can be made within three years of their collection. After that period, the undistributed or unclaimed amounts shall be used according to the judgment of the General Assembly. " 98. Article 130 shall read as follows: "" Art. 130. -(1) Collective management bodies shall have the following obligations: a) grant non-exclusive authorizations to users, at their request, carried out before the use of the protected repertoire, in exchange for a remuneration, by non-exclusive license, in written form; b) to develop methodologies for their fields of activity, including due patrimonial rights, to be negotiated with users in order to pay these rights, in the case of those works whose exploitation mode makes it impossible individual authorisation by rightholders; c) to conclude, on behalf of rightholders who have mandated them or on the basis of conventions concluded with similar bodies abroad, general contracts with the organizers of performances, broadcasters or television broadcasters or with distributors of cable program services, with the object of authorising the use of the protected repertoire; d) to protect the interests of their members, with regard to the management of due rights, as a result of the use of their own repertoire, outside the territory of Romania, by concluding representation contracts with similar bodies in abroad; e) collect the amounts owed by the users and distribute them between the rightholders, according to the provisions of the statute; f) ensure the access of its members to information on any aspect of the activity of collecting the amounts owed by the users and of their distribution; g) to provide expert assistance to rightholders and to represent them in legal proceedings, within the limit of their object of activity; h) to ask users for the communication of information and the transmission of the necessary documents, in written and electronic format, for determining the amount of remuneration they collect, for distribution; the information and documents transmitted be accompanied by the forwarding address, bearing the name of the legal representative, signature and stamp; i) to ensure the transparency of the collective management activity in the relations with the public authorities which have the right of control and, through them, with the users; j) to perform any other activity, according to the special mandate received from the holders of the copyright or related rights, within the limits of their object of activity. (2) The representation contracts concluded by the similar bodies abroad, provided in par. ((1) lit. d), shall end in written form, with the mention of the way of making the exchange of information on the repertoire of the parties, of the managed rights, of the duration and of the payment methods. " 99. Article 131 shall read as follows: "" Art. 131-(1) In order to initiate the negotiation procedures, the collective management bodies must submit to the Romanian Copyright Office an application, accompanied by the methodologies proposed to be negotiated, according to the provisions of art. 130 130 para. ((1) lit. b). ((2) Methodologies shall be negotiated within a commission established by decision of the Director General of the Romanian Copyright Office, issued within a maximum of five days from the receipt of the request for the initiation of the negotiation procedures. The decision of the Director General of the Romanian Copyright Office shall be published in the Official Gazette of Romania, Part I, at the expense of collective management bodies. The negotiating committee shall consist of: a) a representative of the main collective management bodies, operating for a category of rights; b) one representative of the main associative structures of the users, named among them, or, in the absence thereof, a representative of the first three major users in the field, established on the basis of turnover, as well as the public broadcasting and television companies, as the case may be. ((3) For the purpose of designation within the commission referred to in paragraph 1. (2), the collective management bodies shall submit to the Romanian Copyright Office, with the methodologies, the list of associative structures of the users or of the major users, to be convened for negotiations, as well as the elements of their identification. ((4) The decision to designate the negotiating committee shall be communicated to the parties by registered letter, together with the proposal for the methodologies submitted by the collecting societies. " 100. After Article 131, Articles 131 ^ 1, 131 ^ 2, 131 ^ 3 and 131 ^ 4 are inserted as follows: "" Art. 131 131 ^ 1. -(1) Methodologies shall be negotiated by the collective management bodies with the representatives referred to in art. 131 131 para. ((2) lit. b) taking into account the following main criteria: a) the category of rightholders, members or non-members, and the field for which the negotiation is carried out; b) the category of users that the associative structures or other users designated to negotiate represent at the negotiations; c) the repertoire, confirmed by the Romanian Copyright Office, managed by the collective management body, for its own members, as well as for members of other similar foreign bodies, on the basis of representation contracts; d) the proportion of the use of the repertoire managed by a collecting body e) the proportion of uses for which the user has fulfilled payment obligations through direct contracts with rightholders; f) incomes obtained by users from the activity using the repertoire covered by the negotiation; g) expenses occasioned by use, if there is no income. (2) Collective management bodies may request, from the same category of users, with the exception of cable distributors, flat or percentage rates between 1% and 10%, for copyright and between 0,5% and 3% respectively, for related rights, relative to the income obtained by users from the activity using the repertoire, and, in the absence of such revenue, to the expenses occasioned by the use. (3) The flat or percentage rates provided in par. ((2) may be requested only if and to the extent that copyright or protected related rights are within the time limits of protection provided by law. (4) Remuneration due to rightholders, according to the provisions of par. ((2) and (3), shall be calculated by applying the percentages negotiated to that part of the revenue obtained by the users, corresponding to the share of the use of the protected repertoire in the users Art. 131 ^ 2. -(1) The negotiation of the methodologies shall be carried out according to the schedule established between the parties for a maximum of 45 calendar days from the date of establishment of the commission. (2) The agreement of the parties on the negotiated methodologies shall be recorded in a protocol submitted to the Romanian Copyright Office. The Protocol is published in the Official Gazette of Romania, Part I, at the expense of collective management bodies, by decision of the Director General of the Romanian Copyright Office, issued in five days from the date of submission. The methodologies thus published are opposable to all users in the field for which it was negotiated. (3) If, following the negotiations, the commission has not agreed a single form of the methodologies, either party may request the Romanian Copyright Office to initiate the mediation procedure carried out by the arbitrators, to which the Office Romanian for Copyright participates in an advisory role. (4) The Romanian Copyright Office shall convene the parties for the appointment, by drawing lots, of five titular arbitrators, who shall constitute the mediation panel, and of three reserve arbitrators. The latter will replace the unavailable holders in the order of the draw. The appointment of arbitrators by lot shall also be made in case of absence of the convened parties. (5) The Romanian Office for Copyright shall convene, at its headquarters, the appointed arbitrators and the parties, in order to establish the mediation panel. The mediation panel sets the fee, within the limits of the professional usages for the arbitral activities, the first term and the place of mediation, and informs the parties. (6) The two parties in the mediation, the collecting societies and the users, respectively, contribute equally to the payment of the fee set by the arbitrators. The amounts are deposited at the cashier of the Romanian Office for Copyright, before the first deadline for mediation. The non-payment in term attracts the fall of the party that did not pay the fee from the right to propose evidence and to draw conclusions during the mediation. ((7) Referees have the obligation, within 30 days from the first deadline of mediation, to submit to the Romanian Copyright Office the decision containing the final form of the methodologies subject to mediation, in order to communicate to the parties. Exceptionally, arbitrators may request, motivated, the Romanian Office for Copyright to extend this term by a maximum of 15 days. Arbitrators can raise their fee from the cashier of the Romanian Office for Copyright only after the arbitral award is filed. (8) The arbitral decision on the definitive form of the methodologies shall be communicated to the parties by the Romanian Copyright Office and shall be published in the Official Gazette of Romania, Part I, at the expense of the Office, by decision of the Director general, issued within five days from the date of submission. The methodologies thus published are opposable to all users in the field for which it was negotiated and no discounts can be granted on payment of remuneration due, other than those provided for in the published methodologies. (9) Within 15 days from the publication in the Official Gazette of Romania, Part I, of the arbitration award, the parties may appeal against it to the court of the Bucharest Court of Appeal, which will rule on the case, in complete civil. The arbitral award is enforceable by law until the solution is delivered on the maintenance or modification of the methodologies. The solution of the Court of Appeal is final and irrevocable, is communicated to the Romanian Office for Copyright and is published in the Official Gazette of Romania, Part I, at the expense of the Romanian Copyright Office, by decision of the Director general, issued in five days from the date of communication. Art. 131 ^ 3. -Collective management bodies or, where appropriate, users ' associative structures, major users or public broadcasters may make a new request for the initiation of tariff negotiation procedures. and methodologies only after three years from the date of their publication in the final form in the Official Gazette of Romania, Part I. Until the publication of the new methodologies, the old methodologies remain valid. Art. 131 ^ 4. -Remuneration fixed in fixed amount may change annually, starting from the first month of the year following that in which the methodologies were published, by the collective management bodies, on the basis of the inflation index, established at national level. These changes are submitted to the Romanian Copyright Office, to be published in the Official Gazette of Romania, Part I, at the expense of collective management bodies, by decision of the Director General of the Romanian Office for Copyright, issued within five days of the date of filing. The amendments shall become effective from the month following the publication. 101. Article 132 is repealed. 102. Article 133 will read as follows: "" Art. 133. --(1) The collection of the amounts owed by the users shall be made by a single collective management body, for the same category of users, with the exception of the amounts due for use by broadcasting and by public projection in cinemas, which are collected by collective management organisations, for each category of rightholders. (2) The beneficiary collective management bodies shall establish, through a protocol that is submitted to the Romanian Copyright Office: a) the proportion of the distribution of remuneration between categories of beneficiaries; b) the collective management body to be appointed, among them, by decision of the Director General of the Romanian Copyright Office, as a single collector; c) the way of highlighting and justifying the expenditure on the actual coverage of the collection costs of the management body which is a single collector. (3) If the beneficiary collective management bodies do not submit to the Romanian Copyright Office the protocol referred to in par. (2), within 30 days from the date of entry into force of the methodologies, the Romanian Copyright Office shall designate, among them, by decision of the Director General, as a single collector, a collective management body. (4) For the situation referred to in par. (3), the single collector designated by the Romanian Copyright Office cannot allocate the amounts collected either between the beneficiary bodies or its own members, until after the submission to the Romanian Office for the Copyright of a Protocol concluded between the beneficiary bodies, establishing only the proportion of the allocation of the amounts collected. The collection costs, in this case, shall be distinguished distinctly and shall be justified by documents relating to the actual coverage of the collection costs of the managing body which is a single collector. (5) The amounts collected by the collective management body, as a single collector, according to the provisions of art. 107 ^ 1 para. ((1), art. 121 121 para. ((4) and para. (1) and (3) of this Article shall be distinguished in separate analytical accounts. (6) The collective management body, which is a single collector, has the obligation to ensure the transparency of the collection activities, as well as the related costs in relation to the beneficiary collecting societies, and they are obliged to support the collection activity. (7) The provisions of art. 134 134 para. ((2) lit. f) shall also apply to collective management organisations which are unique collectors. (8) The collective management bodies may establish, with the opinion of the Romanian Copyright Office, joint collection bodies for several areas, which will function according to the legal provisions regarding the federations of persons legal private law without patrimonial purpose, as well as according to the express provisions on the organization and functioning of collective management bodies, of this law. " 103. Paragraph 2 of Article 134 shall read as follows: " (2) Collective management shall be exercised according to the following rules: a) decisions on the methods and rules for collecting remuneration and other amounts from users and those for their distribution between rightholders and those on other more important aspects of collective management must be taken by members, at the general meeting, according to the statute; b) the commission due by the rightholders, who are members of a collective management body, to cover its operating expenses, provided in art. 127 127 para. ((1) lit. i), cumulated with the commission due to the collective management body that is a unique collector, according to the provisions of art. 133 133 para. ((2) lit. c) and para. ((4), may not be more than 30% of the amounts collected annually; c) in the absence of an express decision of the general meeting, the amounts collected by a collective management body may not be used for common purposes other than covering the actual costs of collection and distribution to members of the amounts due; the general meeting may decide that a maximum of 30% of the amounts collected may be used for common purposes and only within the scope of the activity; d) the amounts collected by a collective management body shall be distributed individually to rightholders, in proportion to the use of the repertoire of each, within a maximum of six months from the date of collection; rightholders may claim payment the amounts collected nominally or whose distribution does not entail a special documentation, within 30 days from the date of collection; e) the commission due to the rightholders shall be retained, from the amounts due to each, after the calculation of the individual distribution, and the resulting amount shall be taxed according to the law; f) income resulting from the placements of unclaimed and undistributed amounts, located in bank deposits or obtained from other operations carried out within the object of the activity object, as well as those obtained as damage or damage as a result of infringement of copyright or related rights, shall be due and shall be allocated to rightholders and shall not constitute revenue of the collective management organisation. '; 104. After Article 134, the following Article 134 ^ 1 is inserted: "" Art. 134 134 ^ 1. -(1) The collective management bodies shall publish, in electronic format, on their website, the following updated information: a) status; b) the list of members of central and local governing bodies, the composition of internal commissions and the list of local officials; c) the annual situation regarding the balance of undistributed amounts, the amounts collected by categories of users, the amounts withheld, the cost of the management and the amounts allocated by categories of holders; d) annual report; e) information on the general meeting, such as: the date and place of the convocation, the agenda, the draft decisions and the decisions taken; f) other data necessary to inform members. ((2) Any member shall have the right to request, in his personal name or through authorized representative, detailed information and documents regarding the amounts assigned to him in the last 12 months, the origin, the way of calculating the rights and the deductions applied, as well as checking the consistency of these data with the provisions of the distribution regulation. ((. Within a period of 30 days before the general meeting, any member shall have the right to consult, at the headquarters of the collective management body: a) the annual report; b) the balance sheet; c) the report of the management bodies and the committee of censors; d) the text and the explanatory memorandum of the decisions to be submitted to the general meeting; e) employees ' individual salaries; f) the situation of the amounts in bank accounts, placements and interest rates obtained at the closing of the last financial year; g) the situation regarding the categories of users, the number of payers in each category and the overall amount collected from each category; h) situation of disputes with users. ((4) Access to the information provided in par. (3) is made, as a matter of confidentiality, on the basis of written request and with the limitation of access to personal data of employees of the collective management body. ((5) Members who consider that their right of access to the requested information may have been infringed, within three days, the special standing committee on access to information, designated by the General Assembly, consisting of five members, which shall not are employed and are not part of the governing bodies. The Commission is obliged to reply, within seven days, to both the notifying and the general manager. The Commission shall draw up an annual report on its work, which it shall submit to the General Assembly and the Romanian Copyright Office. " 105. Article 135 will read as follows: "" Art. 135. -(1) The collective management bodies have the obligation to submit to the Romanian Copyright Office, in the first quarter of each year, after the general meeting is held: a) the annual report approved by the General Assembly; b) the annual report of the censor committee, presented to the general meeting c) court decisions regarding the registration of amendments to the statute, endorsed by the Romanian Copyright Office; d) the updated repertoire; e) representation contracts with similar bodies abroad. (2) The documents provided in par. ((1) lit. a) and d) shall be submitted to the Romanian Copyright Office, in the format established by decision of the Director General of the Office. " 106. Article 136 is repealed. 107. Paragraphs 2 and 3 of Article 137 shall read as follows: " (2) The organization and functioning of the Romanian Copyright Office, as well as the staff structure, shall be established by regulation approved by Government decision. (3) The Director General of the Romanian Copyright Office shall be appointed by decision of the Prime Minister, at the proposal of the coordinating minister. " 108. Paragraph 4 of Article 137 shall be repealed. 109. Article 138 will read as follows: "" Art. 138. -(1) The tasks of the Romanian Copyright Office are as follows: a) regulate the activity in the field, by decisions of the Director General b) develop draft normative acts in its field of activity; c) keep records of the repertoires transmitted by the collecting societies; d) organize and manage, for a fee, the registration, in the national registers and in other specific national records, provided by law; e) endorses the establishment and supervises the functioning of collecting societies; f) endorses, as a specialized body of the central public administration, according to the law, the registration in the Register at the Registry of the Court, of associations and foundations constituted in the field of copyright and related rights, including in as regards the associations for combating piracy; g) control ex officio, at its own expense, compliance with the relevant legislation and apply contravention sanctions according to the law h) control the functioning of the collective management bodies and determine the measures of entry into law or apply sanctions, as appropriate; i) control on request, at the expense of holders of protected rights, activities that constitute violations of the legislation in the field, and apply contravention sanctions, according to the law; j) conclude acts of finding of crimes in the field, raise material means of evidence and submit them to the prosecution bodies; k) administers the database, at national level, regarding the sanctioned contraventions in the field of copyright and related rights; l) ensure the secretariat of mediation procedures conducted according to the law; m) carries out, for a fee, technical-scientific findings and expertise, through its own specialists, at the request of criminal investigation bodies or courts; n) carry out information activities on the legislation in the field, at its own expense, as well as training activities, at the expense of those interested; o) carry out representation activities in relations with similar specialized organizations and international organizations in the field, to which the Romanian state is a party; p) performs any other duties provided by law. (2) The Government Decision establishes the tariffs of operations that may be carried out by the Romanian Copyright Office, for a fee. " 110. After Article 138, Articles 138 ^ 1, 138 ^ 2, 138 ^ 3 and 138 ^ 4 with the following contents are inserted: "" Art. 138 138 ^ 1. -On the occasion of the controls carried out by the Romanian Copyright Office according to the provisions of 138, the controlled person is obliged to submit any documents and information requested by the control bodies and to teach children after them, if requested. Art. 138 ^ 2. -(1) The control activity of the Romanian Office for Copyright, provided in art. 138 138 para. ((1) lit. h), is carried out only with the prior notification of the controlled collective management body, while also communicating the objectives of the control. The Romanian Copyright Office can carry out general checks once a year, notified 10 days before the control is carried out, as well as one-off checks on issues that are subject to complaints, whenever it is need, notified three days before. (2) On the occasion of the controls carried out by the Romanian Copyright Office, the general manager is obliged to submit any documents and information requested by the control bodies and to teach children after them, if requested. The control bodies may take explanatory notes in relation to the situations found, both to the general manager and to other persons employed. (3) The conclusions of the control bodies of the Romanian Copyright Office, together with the observations of the general administrator, shall be recorded in a minutes. (4) Based on the conclusions of the control, in case of irregularities, the Romanian Copyright Office may apply contravention sanctions within 30 days of the finding. Art. 138 ^ 3. -If the collective management body no longer meets the conditions laid down in art. 124 and 126 or violate the obligations provided in art. 130, 133, 134, 134 ^ 1 or 135, the Romanian Copyright Office may grant the collective management body, by decision of the Director General, a term for entry into law. In case of non-compliance with the final decision, the Romanian Copyright Office shall withdraw the opinion provided for in art. 125, until the change of the general manager by the general meeting. Art. 138 ^ 4. -(1) In addition to the Romanian Copyright Office operates a body of arbitrators, consisting of 20 members, appointed by order of the coordinating minister. The appointment is made of candidates with legal training and with a minimum of 10 years of activity in the field of civil law, proposed by collective management bodies, associative structures of users and public broadcasting companies and television. The proposals shall be submitted to the Romanian Copyright Office, together with a presentation of the proposed candidate and his written acceptance, including information on the ways to convene. (2) The arbitrators do not have the status of employees of the Romanian Copyright Office and are entitled to a fee for participating in the mediation of the methodologies for the collection of rights managed by the collective management bodies in the conditions laid down by this Law (3) The body of arbitrators shall be reconstituted if the number of permanent arbitrators available is less than 16. " 111. The title of Chapter III of Title III shall read as follows: "" CHAPTER III Protection measures, procedures and sanctions " 112. After the title of Chapter III, Section I is inserted, with Articles 138 ^ 5 and 138 ^ 6, with the following contents: "" Section I Technical protection measures and information on the rights regime Art. 138 ^ 5. -(1) The author of a work, the interpreter or the performer, the producer of phonograms or audiovisual recordings, the radio or television broadcasting body and the database manufacturer may establish technical measures for the protection of the rights recognised by this Law. (2) By technical measures, for the purposes of this law, it is understood the use of any technology, device or component which, within its normal operation, is intended to prevent or prevent acts that are not authorized by the rightholders recognised by this Law. (. Technical measures shall be considered effective when the use of a work or other object of protection is controlled by the rightholder by applying an access code or a protective process, such as encryption, encoding, bruising or any transformation of the work or other object of protection or a copy control mechanism, if the measures meet the objective of ensuring protection. (4) The holders of rights who have established technical protection measures have the obligation to make available to the beneficiaries of the exceptions provided for in art. 33 33 para. ((1) lit. a), c) and e), art. 33 33 para. ((2) lit. d) and e) and art. 38 the means necessary for legal access to the work or any other object of protection. Art. 138 ^ 6. -(1) The holders of the rights recognized by this law may provide, in electronic form, associated with a work or any other object of protection or in the context of their public communication, information on the rights regime. (2) By information on the rights regime, for the purposes of this law, it is understood any information provided by rightholders that allows the identification of the work or any other object of protection by this law, its author another rightholder, as well as the conditions and modalities of the use of the work or any other object of protection, and any number or code representing such information. '; 113. After Article 138 ^ 6, the title of Section II is inserted as follows: " Section II Procedures and sanctions " 114. Article 139 will read as follows: "" Art. 139. -(1) The violation of the rights recognized and guaranteed by this law attracts civil, contravention or criminal liability, as appropriate, according to the law. The procedural provisions are those provided for in this Law, which shall be supplemented by those of common law. ((2) Titulars whose rights have been infringed may request the courts or other competent bodies, as the case may be, the recognition of their rights and the finding of their infringement and may claim compensation for the damage calculated according to legal rules; if the damage cannot be determined in this way, they can claim compensation representing the triple remuneration that would have been legally due for the type of use that was the subject of the act. illicit. (3) In case of violation of rights recognized and protected by this law, their holders may ask the court or other competent bodies according to the law to immediately order measures to prevent the production of certain imminent damage or to ensure their repair, as appropriate. (4) Titulation of rights may require the court to order measures to ensure evidence or to find a state of affairs, when there is a risk of violation of the rights provided by this law and if there is a risk of the destruction of the evidence. (5) For the ordering of provisional measures and the precautionary measures provided in par. ((3), as well as for the disposition of measures to ensure evidence or to find a state of affairs provided in par. (4), as well as for the exercise of remedies on the measures taken, the provisions of common law are applicable. The delivery can be postponed by no more than 24 hours. (6) The courts are empowered to adopt the measures provided in par. ((3) and (4), without citing the adverse party, in cases where this will be necessary, in particular where any delay is likely to cause irreparable damage or when there is a demonstrable risk of damage to the evidence. (7) For the adoption of the measures provided in ((3) and (4), the courts will require the plaintiff to provide any evidence, reasonably accessible, to prove, with sufficient certainty, that it has been prejudiced to his right or that such a touch is imminent. In this case, the courts may ask the plaintiff to make a sufficient bail to ensure the compensation of any damage that may be suffered by the defendant. (8) The court may authorise the erection of objects and documents which constitute evidence of infringement of copyright or related rights, in original or in copy. (9) The measures to ensure evidence or to find a state of affairs ordered by the court will be carried out by bailiff. Rightholders who are alleged to have been violated or as to which there is a danger of being violated or the representatives of these holders have the right to participate in the execution of measures to ensure evidence or finding a state of affairs. (10) Titulation of infringed rights may require the court to order the application of any of the following measures: a) the remission, in order to cover the damage suffered, of the receipts made by the illicit act or, if the damages cannot be repaired in this way, the remission of the goods resulting from the illicit act, in order to capitalize them, until full coverage of the damage caused; b) the destruction of equipment and means owned by the perpetrator, whose sole or main destination was the production of the illicit act; c) removal from the commercial circuit, by confiscation and destruction, of children carried out illegally; d) publication in the means of mass communication of the judgment of the court, at the expense of the one who committed the act. ((11) Provisions of para. ((10) lit. c) does not apply to constructions made in violation of the rights of architectural work, protected by this law, if the destruction of the building is not imposed by the circumstances of that case. " 115. After Article 139, Articles 139 ^ 1, 139 ^ 2, 139 ^ 3, 139 ^ 4, 139 ^ 5, 139 ^ 6, 139 ^ 7, 139 ^ 8 and 139 ^ 9 with the following contents are inserted: "" Art. 139 139 ^ 1. -(1) The holder of the copyright or related rights may be represented, in all proceedings, negotiations and legal acts, for the duration and at any stage of the civil or criminal proceedings or outside such a process, by trustee with Special power. (2) For the setting in motion of the criminal action, as well as for the withdrawal of prior complaint and the reconciliation of the parties, the mandate shall be considered special, if given for the representation of the rightholder of the copyright or related rights, in any situation of violation of his rights. Art. 139 ^ 2. -It constitutes contraventions and is sanctioned with a fine from 20,000,000 lei to 200,000,000 lei the following facts: a) violation of art. 21 21; b) violation of art. 88 88 and 89; c) violation of art. 129 129 para. ((4) and (5), art. 130, para. ((1) lit. a), b), c), e), f), h) and i), art. 134 134, art. 134 ^ 1 para. ((1) and art. 135 135 para. ((1); d) violation of art. 107 107 para. ((3); e) the fixation, without the authorization or consent of the holder of the rights recognized by the present law, of the interpretations or of the artistic executions or of the broadcasting or television programs. Art. 139 ^ 3. -(1) It constitutes contraventions and is sanctioned with a fine from 25,000,000 lei to 250,000,000 lei the following facts: a) non-payment of compensatory remuneration for private copying; b) non-payment by users of the amounts provided in tariffs and methodologies, established according to the provisions of art. 131 131 ^ 2. (2) It constitutes a contravention and is sanctioned with a fine of 100,000,000 lei to 250,000,000 lei the following facts: a) non-submission by users of the information and documents provided in art. 130 130 para. ((1) lit. h); b) non-submission by users to rightholders or their representatives of the lists comprising the repertoire used or the erroneous or incomplete presentation; c) violation of art. 138 138 ^ 1 and art. 138 ^ 2 para. ((2). (3) If the offender carries out an activity that is based exclusively on the use of works or products carrying related rights, for the repetition of the commission of the facts provided in par. (1) and (2), within one year, the finding body shall also apply the complementary sanction of the suspension of the activity of the offender, until the payment of the amounts due. Art. 139 ^ 4. -It constitutes contraventions and is sanctioned with a fine of 50,000,000 lei to 250,000,000 lei and with the confiscation of pirate goods or pirate devices of access control the following facts: a) the distribution of pirate goods or pirate devices of access control or their possession for the purpose of distribution, when these activities take place in public, with the exception of shops specialized in the distribution of products carrying out copyright or related rights, for which the act constitutes a criminal offence; b) offering for sale or rental of pirate goods by presenting the covers and catalogues of pirate goods; c) the making available by economic agents of premises, equipment, means of transport, goods or services of their own, in order to commit by another natural or legal person a contravention provided by this law. Art. 139 ^ 5. -(1) The contravention sanctions provided for in art. 139 ^ 2 -139 ^ 4 also applies to legal entities. If the offender, the legal person, carries out activities involving, according to his/her object of activity, the public communication of works or products carrying copyright or related rights, the limits of fines The contravention is increasing four times. (2) Contraventions provided in art. 139 ^ 2 is found and applies by persons empowered by the Director General of the Romanian Copyright Office. (3) Contraventions provided in art. 139 ^ 3 -139 ^ 4 is found, and the sanctions apply by persons empowered by the Director General of the Romanian Office for Copyright or specialized structures under the Ministry of Administration and Interior. In this case, in order to elaborate by the Romanian Office for the Copyright of the database necessary to apply the provisions of art. 139 ^ 6 para. (4), it will conclude a protocol with the General Inspectorate of the Romanian Police. Art. 139 ^ 6. -(1) It constitutes a criminal offence and is punishable by imprisonment from 3 to 5 years achievement, for commercial purposes, by any means and in any way, by pirate goods or by pirate devices of access control, as well as import, transit or any other way of placing them on the internal market. (2) It constitutes a criminal offence and is punishable by imprisonment from 2 to 5 years distribution or possession, for commercial purposes, of pirate goods or of pirate devices of access control, in stores specialized in the distribution of carrier products of copyright or related rights. (3) It constitutes a criminal offence and shall be punished with imprisonment from 1 to 5 years storage and transport, for commercial purposes, of pirate goods or of pirate devices of access control. (4) It constitutes a crime and is punishable by imprisonment from 1 to 3 years, if previously two contravention sanctions were applied for acts of the same kind, the commission of any of the following facts: a) the distribution of pirate goods or of pirate devices for access control or their possession for the purpose of distribution, when these activities take place in public; b) offering for sale or rental of pirate goods by presenting the covers and catalogues of pirate goods. ((5) If any of the facts referred to in par. (1)-(3) have produced particularly serious consequences, they are sanctioned with imprisonment from 5 to 10 years. In this case, the calculation of the damage is carried out taking into account the pirate goods held under the conditions provided in par. ((1)-(3) and the price in lei per unit of original products similar at the time of the act. ((6) The rental of pirate goods or pirate devices of access control, as well as offering for sale or rental thereof by public notices or by electronic means of communication constitutes a crime and is sanctioned with imprisonment from 6 months to 3 years or with a fine from 50,000,000 lei to 300,000,000 lei. (7) For the purposes of this law, the pirate goods shall be understood: all copies made without the consent of the rightholder or the legal person authorized by him and which are executed, directly or indirectly, in whole or in part, after a product bearer of copyright or related rights. (8) For the purposes of this law, access control pirate devices shall mean any unauthorized device designed to facilitate access to television program services with conditional access. (9) The commercial purpose is presumed if the pirate goods are identified at the premises, at the working points, in their annexes or in the means of transport used by the economic agents who are in the activity of reproduction, distribution, the rental, storage or transport of copyright or related rights. Art. 139 ^ 7. -The refusal to declare the origin of the pirate goods or the pirate devices for access control is punishable by imprisonment from 3 months to 2 years or with a fine from 25,000,000 lei to 200,000,000 lei. Art. 139 ^ 8. -It constitutes a crime and is punishable by imprisonment from 1 to 4 years or with a fine from 25,000,000 lei to 400,000,000 lei making available to the public, without the consent of rightholders, copyright-carrying products, related rights or sui-generis rights of database manufacturers, so that the public can access them at any place or at any time chosen individually. Art. 139 ^ 9. -It constitutes a crime and is punishable by imprisonment from 1 to 4 years or with a fine of 100,000,000 lei to 400,000,000 lei unauthorized reproduction on computer program calculation systems in any of the following ways: installation, storage, running or execution, display or network transmission. " 116. Article 140 will read as follows: "" Art. 140. -(1) It constitutes crimes and is punishable by imprisonment from 1 to 3 years or with a fine of 100,000,000 lei to 300,000,000 lei the following acts committed without the authorization or consent of the holder of the rights recognized by this law, if these facts do not constitute a more serious offence: a) the distribution of works or related products; b) import, on the domestic market, of children of works or products bearing related rights, made with the consent of the holders; c) the rental of works or related products; d) the public communication of works, other than musical works, or related products; e) the broadcasting of works or related products; f) cable retransmission of works or related rights-bearing products; g) realization of derivative works; h) the fixing, for commercial purposes, of interpretations or artistic executions or of broadcasting or television programmes. (2) By products bearing the related rights, it is understood the artistic interpretations or executions fixed, phonograms, videograms or programmes or programme services of broadcasting and television organisations. ' 117. Article 141 will read as follows: "" Art. 141. -It constitutes a crime and is punishable by imprisonment from 3 months to 5 years or with a fine from 25,000,000 lei to 500,000,000 lei the act of the person who appropriates, without right, the quality of author of a work or the act of the person who brings to public knowledge an opera under a name other than that decided by the author. " 118. Article 142 is repealed. 119. Article 143 will read as follows: "" Art. 143. -(1) It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine of 50,000,000 lei to 300,000,000 lei the act of the person who produces, imports, distributes or rents, offers, by any way, for sale or rental, or holds, for the purpose of marketing, devices or components that allow the neutralization of technical protective measures or that provide services that lead to the neutralization of technical protective measures, including, in the digital environment. (2) It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine of 50,000,000 lei to 300,000,000 lei the act of the person who, in the knowledge of the case and without having the consent of the rightholders: a) remove, knowingly and commercially, from works or other protected products, or modify on them any information in electronic form, regarding the copyright or related rights regime applicable; b) distribute, import for the purpose of distribution, broadcast or publicly communicate or make available to the public, so that they can be accessed, at any place and at any time chosen individually, without right, through the digital technique, works or other protected products, for which information in electronic form, on the copyright or related rights regime, has been removed or amended without authorisation, knowing that this allows, facilitates, causes or hides an offence provided for in this Law. " 120. Article 143 shall be inserted after Article 143. 143 ^ 1 with the following contents: "" Art. 143 143 ^ 1. -(1) It is not punishable by the person who, before the prosecution is started, denounces the competent authorities his participation in an association or understanding in order to commit one of the crimes provided for in art. 139 ^ 6, thus allowing the identification and criminal liability of the other participants. (2) The person who committed one of the offences referred to in art. 139 ^ 6 and which, during the prosecution, denounces and facilitates the identification and criminal liability of other persons who have committed crimes related to pirate goods or pirate access control devices, benefit from halving the limits of the sentence provided by law. " 121. Article 144 will read as follows: "" Art. 144. -In the case of crimes provided for in 139 ^ 9, 140 and 141, the criminal action is set in motion on the prior complaint of the injured person, for the purposes of this law. Reconciling the parties or withdrawing the complaint shall remove criminal liability. ' 122. Article 145 will read as follows: "" Art. 145. -(1) The finding of crimes provided for in this Law shall be made by the specialized structures of the General Inspectorate of the Romanian Police and the General Inspectorate of the Border Police, as well as by the Romanian Office for the Rights of Author, under the conditions provided by art. 214 of the Code of Criminal Procedure. (2) The finding of the crimes provided in art. 139 ^ 6 para. ((6), art. 139 ^ 8, art. 139 139 ^ 9 and art. 143 is also done by the General Inspectorate for Communications and Information Technology, under the conditions provided by art. 214 of the Code of Criminal Procedure. (3) The acts concluded by the Romanian Copyright Office, in the exercise of its control powers, follow the regime provided by art. 214 214 of the Code of Criminal Procedure. " 123. In Article 146, the introductory part and letter c) of letter B shall read as follows: "" B. interpretations or executions of performers: ....................................................................................... c) have not been fixed in sound recordings, but are transmitted through broadcasting or television broadcasts protected by this law; " 124. In Article 146, the introductory parts of letters C and D will read as follows: "" C. sound or audiovisual recordings: ....................................................................................... D. broadcasting and television programmes: ' 125. Article 147 will read as follows: "" Art. 147. -Foreign citizens, holders of copyright or related rights, benefit from the protection provided by the international conventions, treaties and agreements to which Romania is a party, and in their absence, benefit from a treatment equal to that of Romanian citizens, provided that they benefit, in turn, from national treatment in the respective states. " 126. After Article 147, the following Article 147 ^ 1 is inserted: "" Art. 147 147 ^ 1. -In addition to the provisions of this law, special regulations may be adopted to establish measures to combat the import, production, reproduction, distribution or rental of pirate goods or pirate control devices. of access. " 127. Article 148 will read as follows: "" Art. 148. -(1) In order to register, as a means of proof, the works carried out in Romania, the National Register of Opere, managed by the Romanian Copyright Office, is established. Registration is optional and is made for a fee, according to the methodological norms and tariffs established by Government decision. ((2) The existence and content of a work can be proved by any means of evidence, including by including it in the repertoire of a collective management body. (3) The authors and other rightholders or holders of exclusive rights of the authors, referred to in this law, have the right to register, on the originals or on authorized copies of the works, the mention of the reservation of the exploitation to them, reported according to the usages, consisting of a symbol represented by letter C, in the middle of a circle, accompanied by their name, place and year of the first publication. (4) Producers of sound recordings, performers and other holders of exclusive rights of producers or performers, referred to in this Law, shall have the right to enter, on the originals or the authorized copies of sound or audiovisual recordings or on the shell containing them, the entry for the reservation of their operation, reported in accordance with the usages and consisting of a symbol represented by letter P, the middle of a circle, accompanied by their name, the place and year of the first publication. (5) Until the contrary test, it is presumed that the exclusive rights, reported according to the usages, by the symbols mentioned in par. ((3) and (4) or by the particulars provided in art. 104 and 106 ^ 2, exist and belong to the people who used them. (6) Provisions of para. ((3), (4) and (5) do not condition the existence of rights recognized and guaranteed by this law. ((7) The authors of works and rightholders, with the inclusion of their work in the repertoire of the collective management body, may also register their literary or artistic name, exclusively in order to bring it to public knowledge. " 128. Paragraphs 1 and 3 of Article 149 shall read as follows: "" Art. 149. -(1) The legal acts concluded under the regime of the previous legislation produce all their effects according to the same, except for the clauses that provide for the assignment of the rights of use of the totality of the works that the author may create in the future. ....................................................................................... (3) The duration of the patrimonial rights on the works created before the entry into force of this law and for which the protection periods calculated according to the procedures of the previous legislation have not expired shall be extended until the deadline protection provided for in this law. The extension shall only take effect from the entry into force of this Law. " + Article II This law shall enter into force 30 days from the date of its publication in the Official Gazette of Romania, Part I. + Article III Collective management bodies operating on the date of entry into force of this Law shall be obliged to amend their statutes in accordance with the provisions of art. 127, within 90 days. + Article IV Within 6 months from the entry into force of this Law, collective management bodies shall be obliged to initiate the negotiation procedures for the establishment of methodologies on remuneration due to rightholders. Until the approval of the methodologies negotiated according to the provisions of this law, the tables and methodologies established by the normative acts in force shall be applied. + Article V Law no. 8/1996 on copyright and related rights, published in the Official Gazette of Romania, Part I, no. 60 of March 26, 1996, with subsequent amendments and completions, including those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 23, 2004. No. 285. -----