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Law no. 8/1996 on copyright and neighboring rights 2020

LAW no. 8/1996on copyright and neighboring rights

Last updated: 20201

Marius-Cătălin Predut, Lawyer

1[1] Updated on 13th of January, 2020 by Law 8/2020 amending and supplementing the Law no. 8/1996 on copyright and neighboring rights, published in the Official Gazette of Romania 14 of 13th of January, 2020.

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Law no. 8/1996 on copyright and neighboring rights 2020 TITLE I: Copyright PART I: General provisions CHAPTER I: Introductory provisions

Article 1(1) The copyright in a literary, artistic, or scientific work as well as in any similar work of intellectual creation shall be recognized and guaranteed under the terms of the present law. This right belongs to the author person and involves moral and patrimonial prerogatives.(2) A work of intellectual creation shall be acknowledged and protected independently of its being made publicly known, simply by virtue of its creation, even in an unfinished form.(3) The provisions of this law shall only apply subject to compliance with the provisions of national legislation on the processing of personal data.

Article 2Acknowledgement of the rights provided under the present law shall not prejudice nor exclude the protection granted under other statutory provisions.

CHAPTER II: Subject matter of copyright

Article 3(1) An author shall be the natural person or persons having created the work.(2) In cases expressly provided by law, legal persons and natural persons other than the author may benefit from the protection granted to the author. (3) The quality of copyright subject may be transmitted under the terms of the law. (4) The natural or legal persons who have acquired this quality by inheritance or assignment under the law, as well as the publishers of musical works and written works, for the rights they have been granted, are recognized and protected as holders of copyright transferred under individual agreements and entitled to at least part of the income from the rights. (5) Any natural or legal person who/which takes actions subject to authorization by authors or right-holders, their remuneration or the payment of compensation to them and who/which does not act as a consumer is considered to be a user.

Article 4(1) Unless proven otherwise, the author shall be presumed to be the person under whose name the work was for the first time made publicly known. (2) When the work was made publicly known in an anonymous form or under a pen name which does not permit the identification of the author, the copyright shall be exercised by the natural or legal person who/which makes it publicly known only with the author's consent, as long as the latter shall not disclose his or her identity.

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Law no. 8/1996 on copyright and neighboring rights 2020 Article 5(1) A joint work shall be a work created by several co-authors in collaboration. (2) (2)The copyright in a joint work shall belong to its co-authors, among whom one may be the main author, under the terms of the present law. (3) Failing a convention to the contrary, co-authors cannot exploit the work otherwise than by common agreement. Denial of consent on the part of anyone of the co-authors shall have to be thoroughly justified. (4) (4)In case that each co-author's contribution is distinct, such contribution can be exploited separately, on conditions that it shall not prejudice the exploitation of the joint work or the rights of the other co-authors. (5) In the case of the use of a work created in collaboration, the remuneration shall be due to the co-authors in the proportions they shall have agreed upon. Failing such a convention, the remuneration shall be divided in proportion to the parts of contribution of the authors or equally, if these cannot be established.

Article 6(1) A collective work shall be a work in which the personal contributions of the co-authors form a whole, without it being possible, given the nature of the work, to ascribe a distinct right to anyone of the co-authors on the work created in its entirety. (2) Unless otherwise agreed, the copyright in a collective work shall belong to the natural or legal person on whose initiative, and under whose responsibility and name the work was created.

CHAPTER III: Subject-matter of Copyright

Article 7There shall constitute a subject-matter of the copyright the original works of intellectual creation in the literary, artistic, or scientific field, regardless of the manner of creation, the concrete form or mode of expression, and independently of their value and destination, such as:a) literary and publicistic writings, conferences, sermons, pleadings, lectures, and any other written or oral works as well as computer programs;b)scientific works, written or oral, such as communications, studies, university textbooks, school textbooks, scientific projects and documentations;c)musical compositions with or without lyrics;d)dramatic and dramatic-musical works, choreographic and pantomimic works;e)cinematographic works, as well as any other audiovisual works;f) photographic works as well as any other works expressed by a procedure analogous to photography;g)works of graphic or plastic art, such as: works of sculpture, painting, graphics, engraving, lithography, monumental art, scenography (scene painting), tapestry, ceramics, glass and metal plastics as well as other works of art applied to products designed for practical use;h)works of architecture, including sketches, scale models, and the graphic works forming architectural projects;


Law no. 8/1996 on copyright and neighboring rights 2020 i) plastic works, maps and drawings in the field of topography, geography, and science in general.

Article 8Without being prejudicial to the rights of the original work's authors, there shall also constitute an subject-matter of the copyright derived works which were created by starting from one or more pre-existing works, namely: a) translations, adaptations, annotations, documentary works, musical arrangements, and any other conversions of a literary, artistic, or scientific work, representing an intellectual creative work;b) collected literary, artistic, or scientific works, such as encyclopedias and anthologies, collections and compilations of material or data, protected or not, data bases included, which, by the selection or arrangement of the material, constitute intellectual creations.

Article 9There shall not benefit from the legal copyright protection the following:

a) ideas, theories, concepts, scientific discoveries, processes, methods of operation or mathematical concepts as such and inventions contained in a work, whatever might be the manner of its adoption, writing, explaining or expression;

b) official texts of a political, legislative, administrative or judicial nature, and their official translations;

c) official symbols of the State, public authorities, organisations, such as the coat of arms, seal, flag, emblem, escutcheon, badge, and medal;

d) means of payment;e) news and press information;

f) simple facts and data.

CHAPTER IV: Content of copyright

Article 10The author of a work shall have the following moral rights:a) to decide if, how and when the work will be made known to the public;b) to claim acknowledgement of the authorship of the work;c) to decide under what name the work will be made known to the public;d) to claim the observance of the work's integrity and to oppose any modification as well as any impairment of the work, if it is prejudicial to his or her honor or reputation;e) to withdraw the work, indemnifying, if such be the case, the holders of the exploitation rights, prejudiced by the exercise withdrawal right.

Article 11The moral rights cannot form the subject-matter of a waiver or alienation. After the author's death, the exercise of the rights provided under Article 10 paragraphs a), b) and d) shall be transmitted through inheritance, according to the civil legislation, over an unlimited period of time. If there are no heirs, these rights shall revert to the collective management organisation that has managed the rights of the author or, as the case may be, to the body with the largest number of members in that field of creation.



Article 12The author of a work shall have the exclusive patrimonial right to decide whether, how, and when his or her work shall be used or exploited, to consent to the use of the work by others inclusive.

Article 13The use of a work gives rise to distinct and exclusive rights of the author to authorize or prohibit:a) the reproduction of the work;b) the distribution of the work;c) the import with a view to trading on Romania's territory of copies from the work, achieved with the author's consent;d) rental of the work;e) lending the work;f) the public communication of the work, directly or indirectly, by any means, by making the work available to the public inclusive, so that it can be accessed at any place and at any time individually chosen by the public;g) the broadcasting of the work;h) cable retransmission of the work;i) making derivative works.

Article 14By reproduction, within the meaning of the present law, shall be understood the making, in whole or in part, of one or more copies of a work, directly or indirectly, temporarily or permanently, in any form or by any means, the making of any audio or audiovisual recording of a work inclusive, as well as its permanent or temporary storage by electronic means.

Article 15(1) For the purpose of this law, distribution means the sale or any other means of transmission, whether for consideration or free of charge, of the original or copies of a work as well as the public offering thereof.(2) The right of distribution shall be exhausted on the first sale or on the first transfer of ownership of the original or copies of a work in the domestic market by the right-holder or with his consent.

Article 16For the purposes of this law, by import is meant the placing on the domestic market, for the purpose of commercialization, of the original or legally produced copies of a work fixed on any carrier (media).

Article 17For the purposes of this law, rental means to make available a work for use, for a limited time and for a direct or indirect economic or commercial advantage.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 18(1) For the purposes of this law, lending means making available for use, for a limited time and without a direct or indirect economic or commercial advantage, a work through an institution which allows public access for that purpose.(2) Lending through libraries does not require the author's authorization and entitles him / her to a fair remuneration. This right can not be waived. (3) The fair remuneration provided in paragraph (2) is not due if lending is made through the libraries of educational institutions and public libraries with free access. (4) Lending of works fixed in sound or audiovisual recordings may take place only six months after the first distribution of the work. (5) The right to borrow shall not be exhausted upon the first sale or first transfer of ownership of the original or of the copies of a work, on the market, made or agreed by the right-holder.

Article 19The provisions of this law regarding the rental and lending do not apply to:a) constructions resulting from architectural projects; b) the originals or copies of the applied design works or artwork used for the manufacture of consumer products; c) the originals or copies of works made for the purpose of communication to the public or for which use there is a contract; d) the reference works for immediate consultation or for lending between institutions; e) the works created by the author under his/her individual employment contract, if they are used by the person who hired the author in the ordinary activity.

Article 20(1) Any communication of a work, made directly or by any technical means, made in a place open to the public or in any place where a number of persons who are in excess of the normal circle of the members of a family and its acquaintances are gathered, including stage representation, recitation or any other public means of execution or direct presentation of the work, public display of works of fine arts, applied art, photographic and architectural works, the public projection of cinematographic works and of other audiovisual works, including works of digital art, presentation in a public place, by means of sound or audiovisual recordings, as well as the presentation in a public place, by any means, of a broadcasting work shall be considered a public communication. Likewise, any communication of a work, whether by wire or wireless means, made by making it available to the public, including via the Internet or other computer networks, shall be publicly disclosed in such a way that any member of the public can access it from any place or at any time individually chosen, shall be considered a public communication. (2) The right to authorize or prohibit public communication or making available to the public of works shall not be deemed to be eshausted by any act of communication to the public or of making it available to the public.

Article 21For the purpose of this law, broadcasting means:


Law no. 8/1996 on copyright and neighboring rights 2020 a) the delivery of a work by a radio or television broadcaster, by any means serving to wirelessly propagate signs, sounds or images, or their representation, including its public communication via satellite, for the purpose of reception by the public; b) the transmission of a work or its representation, by wire, by cable, by optical fiber or by any other similar process, with the exception of computer networks, for the purpose of its reception by the public.

Article 22Cable retransmission, within the meaning of this law, means simultaneous, unalterable and full retransmission by an operator, by the means provided in article 21 letter (b) or by an ultra-short wave broadcast wire or wireless system, or by satellite, for the reception by the public of an initial broadcast, of radio or television program services intended for reception by the public.

Article 23By making derivative works, within the meaning of this law, is meant the translation, publication in collections, adaptation, and any other transformation of a pre-existing work if it is a intellectual creation.

Article 24(1) The author of an original graphic or plastic artwork or of a photographic work shall enjoy a resale right, representing the right to collect a share of the net selling price obtained at any resale of the work after the first alienation by the author, as well as the right to be informed about where his work is located. (2) The right mentioned in paragraph (1) shall apply to all acts of resale of an original work of graphic or plastic art or of a photographic work involving salons, art galleries, as well as any tradesman of works of art as sellers, buyers or intermediaries. (3) For the purpose of this law, the copies of the original works of art or photographic works which have been made to a limited number by their author himself or with his approval are considered to be original works of art. (4) The amount due under paragraph (1) shall be calculated according to the following quotas, not exceeding EUR 12.500 or the equivalent in lei (RON): a) From EUR 300 to EUR 3.000 - 5%;b) From EUR 3.000,01 to EUR 50.000 - 4%;c) From EUR 50.000,01 to EUR 200.000 - 3%;d) From EUR 200.000,01 to EUR 350.000 - 1%;e) From EUR 350.000,01 to EUR 500.000 - 0,5%;f) Over EUR 500.000 euro - 0,25%. (5) The seller must notify the author of the information provided in paragraph (1), within two months of the date of sale, being responsible for retaining the percentages or quotas of the selling price, without the addition of other taxes, and for payment to the author of the amount due according to the provisions of paragraph (4). (6) The beneficiaries of the resale right or their representatives may request, for a period of 3 years since the date of resale, the persons referred to in paragraph (2) the information necessary to ensure the payment of the amounts due according to the provisions of paragraph (4). (7) The resale right may not be waived or alienated.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 25The owner or holder of a work is obliged to give access to the author of the work and to make it available to him/her, if this is necessary for the exercise of his/her copyright and provided that the legitimate interest of the owner or of the holder is prejudiced. In this case, the owner or the holder may claim to the author of the work a sufficient guarantee for the security of the work, to insure it at an amount representing the market value of the original, as well as an appropriate remuneration.

Article 26(1) The owner of the original of a work is not entitled to destroy it before offering it to the author at the cost price of the material. (2) If it is not possible to return the original, the owner will allow the author to make a copy of the work in an appropriate manner. (3) In the case of an architectural structure, the author shall only have the right to take photographs of the work and to request the owner to send back reproductions from the projects.

CHAPTER V: Duration of copyright protection

Article 27(1) The copyright in a literary, an artistic, or a scientific work arises from the moment of the work's creation, regardless of the concrete form or manner of expression. (2) If the work is created, within a period of time, in parts, serials, volumes, or in any other form of creative development, the protection term shall be calculated, according to paragraph (1), for each one of these components.

Article 28(1) The patrimonial rights, provided under articles 13 and 24 shall last throughout the author's life, and after his or her death they shall be transmitted by inheritance, according to the civil legislation, over a period of 70 years, whatever might be the date at which the work was legally made known to the public. If there are no heirs, the exercise of these rights shall devolve upon the collective management organisation mandated by the author during his/her lifetime or, failing a mandate, to the collective management organisation with the greatest number of members from the respective field of creation. (2) A person, who, after the cessation of the copyright protection, legally discloses to the public for the first time a work unpublished before, shall benefit by a protection equivalent to that of the author's patrimonial rights. The duration of the protection of such rights is of 25 years since the time it was first brought legally to the public's attention.



Article 29(1) The duration of patrimonial rights in works made known to the public under a pseudonym or without indication of their author shall be of 70 years after the date when they were made publicly known. (2) If the identity of the author is made known to the public prior to the expiry of the duration stipulated in paragraph (1) or the pseudonym adopted by the author leaves no doubt about the identity of the author, the provisions of article 28 paragraph (1) shall apply.

Article 30(1) The duration of patrimonial rights over collaborative works is of 70 years after the death of the last co-author.(2) If the contributions of the co-authors are distinct, the duration of the patrimonial rights for each of them is 70 years after the death of each co-author. (3) The term of protection of a text-based musical composition shall cease 70 years after the death of the last survivor, either the songwriter or the composer, whether or not they have been designated as coauthors, provided that the contribution made to that text-based musical composition was specifically created for it.

Article 31The duration of patrimonial rights over collective works is 70 years as of the date of disclosing the works to the public, if this is not done for 70 years after the creation of the works, the duration of the patrimonial rights expires after 70 years as of the creation of works.

Article 32The patrimonial rights on computer programs shall extend over the whole duration of their author's life, and after his or her death shall be transmitted by inheritance according to the civil legislation over a period of 70 years.

Article 33Nonessential modifications, additions, cuttings or adaptations made with a view to selection or arrangement as well as the correction of a work or collection's content, which are necessary for the continuation of the collection's activity in the way intended by the work's author shall not extend the protection term of the said work or collection.

Article 34The terms established in the present chapter shall be calculated beginning on the 1st

of January of the year after the author's death or the date when the work was made publicly known, as the case may be.

CHAPTER VI: Limitations of the exercise of copyright

Article 35(1) Without the consent of the author and without payment of any remuneration, the following uses of a work previously made available to the public shall be permitted


Law no. 8/1996 on copyright and neighboring rights 2020 provided that they are in accordance with good practice, do not contravene the normal exploitation of the work and are not to prejudice the author or right-holders:a) he reproduction of a work in judicial, parliamentary or administrative proceedings or for public safety purposes;b) the use of brief quotes from a work for the purpose of an analysis, commentary, criticism, or as exemplification, insofar as their use justifies the extent of the quote;c) the use of isolated articles or brief excerpts from works in publications, television and radio broadcasts, or in sound or audiovisual recordings, exclusively intended for teaching purposes, as well as the reproduction for teaching purposes within the framework of public educational or social protection institutions, of isolated articles or of brief excerpts from works, to the extent to which it is justified by the intended purpose;d) the reproduction of brief excerpts from works for information or research purposes within the framework of libraries, museums, film archives, sound archives, archives of cultural or scientific non-profit public institutions; the integral reproduction of a work's copy is allowed for its replacement, in case of destruction, of severe deterioration, or loss of the single copy from the respective archive or library's permanent collection;e) specific reproductions made by the libraries accessible to the public, by the educational institutions or museums or by archives, which are not made for the purpose of obtaining, directly or indirectly, a commercial or economic advantage; f) the reproduction, with the exclusion of any means which come in direct contact with the work, the distribution or communication to the public of the image of an artwork, a plastic art, photographic art or applied art, permanently placed in public places, except 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) the representation and execution of a work within the activities of educational institutions exclusively for specific purposes and provided that both representation or execution as well as the public access are free of charge; h) the use of works during religious celebrations or official ceremonies organized by a public authority; i) the use, for commercial purposes, of images of the works exhibited in public or commercial exhibitions, fairs, public works auctions as a means of promoting the event, excluding any commercial use. (2) Under the conditions provided for in paragraph (1), the reproduction, distribution, broadcasting or communication to the public is allowed, without any direct or indirect commercial or economic advantage: a) of brief excerpts from press and radio or television news reports for the purpose of informing on topical issues, except for those for which such use is expressly reserved; b) of brief fragments of conferences, speeches, pleadings and other similar works, which have been orally expressed in public, provided that such uses have as their sole purpose actuality information;c) of brief fragments of the works, in the context of information on current events, but only to the extent justified by the purpose of the information; d) of works, when used exclusively for educational illustration or for scientific research; e) of works, for the benefit of persons with disabilities that are directly related to that disability and to the extent required by such disability.


Law no. 8/1996 on copyright and neighboring rights 2020 (3) The temporary acts of reproduction which are transitory or accessories and constitute an integral and essential part of a technical process and the sole purpose of which is to allow the transmission, within a network between third parties, by an intermediary or the licit use of a work or of other protected subject-matter and which do not have an economic significance of their own, are exempt from the reproduction right, under the conditions stipulated in paragraph (1). (4) In all the cases provided for in paragraph (1) letters b), c), e), f), i) and in paragraph (2) it shall be mandatory to mention the source and name of the author, unless it is proved to be impossible; in the case of plastic works, of photographic or architectural works, the place where the original is located must also be mentioned.

Article 351

(1) The reproduction, distribution, communication to the public, making available to the public, broadcasting, rental and lending of a work or of other protected subject-matter, without the consent of the owner of any copyright or any related right and without payment of any remuneration, are permitted for the following purposes, provided that they do not conflict with the normal exploitation of the work and do not prejudice the author or the right-holders:

the making by a beneficiary or a person acting on its behalf of a copy in an accessible form of a work or other subject-matter protected by copyright or by neoghbouring rights to which the beneficiary person has legal access for the exclusive use of the beneficiary;

the making by an authorized entity of a copy in an accessible format of a work or other subject-matter protected by copyright or by neighbouring rights to which the receiving person has legal access to, or the communication, making available, distribution or the non-commercial purpose lending of a copy in an accessible format to a receiving person or to another authorized entity for the exclusive use by a beneficiary. (2) The wording beneficiary person referred to in par. (1) means, irrespective of any other disability, a person who:

is blind;has visual impairments which cannot be corrected in order to obtain a visual function

equivalent in essence to that of a person without such deficiencies and which consequently cannot essentially read the same printed works as a person who is not affected by such a deficiency;

has a perceiving disability or difficulty in reading, and as a result, cannot read printed works as much in essence as a person who does not suffer from such a disability;

suffers from a physical disability that prevents him/her from holding in his/her hand or manipulating a book or concentrating his/her eyes or moving his/her eyes to an extent that would be usually acceptable to read. (3) For the purposes of this Law, the wording and expressions below, provided for in paragraph (1), have the following meanings: a) A work or other protected subject-matter means a work in the form of a book, a periodical, a newspaper, a magazine or other types of writings, notations, including scores, and their illustrations, on any media (carrier), including audio format, such as audio books, in digital format, which is protected by copyright or neighbouring rights and which is published or otherwise made legally available to the public;


Law no. 8/1996 on copyright and neighboring rights 2020 b) A copy in an accessible format means a copy of a work or other protected subject-matter, which is made in an alternative manner or form and which enables the recipient to have access to works or other protected subject-matters, including the access equally viable and comfortable as those enjoyed by a person who does not suffer from any of the deficiencies or any of the handicaps provided for in paragraph (2); c) An authorized entity means an entity that is authorized or recognized by a Member State for the purpose of providing non-profit-making services to education, pedagogical training, adaptive reading or access to information, including public institutions or non-profit organisations that provide the same services to beneficiaries as one of their core activities or their institutional obligations or as part of their public interest missions. For the purpose of recording, the authorized entities have the obligation to notify the Romanian Copyright Office, which is to communicate the information to the Central Access Point of the European Union and to the access point to information established by the International Bureau of the World Intellectual Property Organisation. (4) In order to make a copy in an accessible format, according to the provisions of paragraph (1), are exempt from the right of reproduction: (a) any acts required in order to modify, convert or adapt a work or other subject-matter protected by copyright or neighbouring rights; b) the provision of the necessary means to browse the information in an accessible format copy;c) any changes that may be required when the format of a work or of other protected subject-matter is already available to certain recipient persons while it may not be accessible to other recipients due to various deficiencies or handicaps or of different degrees of those deficiencies or handicaps.(5) The uses provided in paragraph (1) shall ensure and observe the integrity of the work or the subject-matters protected by copyright or neighbouring rights, taking due account of the changes necessary to make the work or the other subject-matter of protection available in accessible formats. (6) ) Any contractual provision aimed at removing or limiting in any way the permitted uses in accordance with paragraph (1) is null and void.

Article 352

(1) The authorized entities carrying out the activity provided in article 351 paragraph (1) letter b) have the obligation to establish and observe clear and transparent procedures when fulfilling the following obligations: a) distribute, communicate and make available copies in accessible formats only to the beneficiaries or other authorized entities; b) take the appropriate measures to discourage reproduction, distribution, communication to the public or unauthorized disclosure of copies in an accessible format; c) exercise due care when treating works or other protected subject-matters and copies in accessible formats and keep records of such operations; d) publish and update, on their own websites, where appropriate, or via other online or offline channels, the information on how they comply with their obligations under letters a) to c);


Law no. 8/1996 on copyright and neighboring rights 2020 e) comply with the legal provisions regarding the processing of the personal data of the beneficiaries. (2) Any beneficiary person or authorized entity from Romania or from another Member State of the European Union has the right to obtain, from an authorized entity that carries out the activity stipulated in art. 351 paragraph (1) letter b) and having its registered office in Romania, an accessible copy of a work or other protected subject-matter, if available. (3) Authorized entities in Romania have the possibility to request and obtain from an authorized entity from another Member State of the European Union a copy in accessible form of a work or other subject-matter protected by copyright or neighbouring rights or the access to such a copy, under the national law of that State.(4) At the request of the beneficiary person, of other authorized entities or of the copyright holders, the authorized entity performing the activity provided in article 351

paragraph (1) letter (b) is required to make available, in an accessible form, the following information: a) the list of works or other subject-matters protected by copyright or neighbouring rights for which it has copies in an accessible format, specifying the available formats;b) the names and contact details of the authorized entities with which they have exchanged copies in accessible formats. (5) The exportation of a copy in an accessible format made by an authorized entity established in a Member State to a third country which is party to the Marrakesh Treaty, as well as the importation of such copies from a third country, which is party to the Marrakesh Treaty, by a beneficiary or an authorized entity in a Member State, are carried out under the Regulation (EU) 2017/1.563 of the European Parliament and of the Council on cross-border exchanges of accessible copies of certain works and other subject-matters of copyright and neighbouring rights protection for the benefit of blind persons, visually impaired or of those encountering difficulties in reading printed materials, between the Union and third countries, dated the 13th of September 2017.

Article 36(1) The reproduction of a work, without the consent of the author, for personal use or for a normal family circle, provided that the work has previously been made public and the reproduction is neither a copyright infringement within the meaning of the present law nor contravenes the normal use of the work and does not harm the author or the holder of the rights of use.(2) For the media (carriers) on which audio or audiovisual recordings may be made or reproductions of graphically rendered works may be made, as well as for devices designed for making copies, in the situation stipulated in paragraph (1), a compensatory remuneration established by negotiation shall be paid, according to the provisions of the present law.Article 37Transforming a work without the consent of the author and without payment of remuneration is permitted in the following cases:a) if it is a private transformation that is not intended and is not made available to the public;


Law no. 8/1996 on copyright and neighboring rights 2020 b) if the result of the transformation is a parody or a caricature, provided that the result does not create confusion as to the original work and its author;c) if the transformation is imposed by the purpose of the use permitted by the author;d) if the result of the transformation is a summary of the works for didactic purposes, also by mentioning the author.

Article 38(1) In order to test the functioning of the products at the time of manufacture or sale, the companies governed by the Company Law no. 31/1990, republished, as subsequently amended and supplemented, which produce or sell sound or audiovisual recordings, equipment for their reproduction or public communication, as well as equipment for receiving radio and television broadcasts may reproduce and present extracts from works, provided that these operations are reduced to the size required for testing.(2) In order to supervise the use of their own repertoire by third parties, the collective management organisations can monitor by any means the activity of the users, without the necessity of their authorization and free of charge, and may also request for this purpose information of public interest held, according to the law, by the competent public institutions. Article 39(1) The assignment of the right to broadcast a work to a radio or television broadcaster entitles it to record the work according to its own shows’ needs, with the purpose of performing it in a single authorized broadcasting. In the case of a new broadcasting of the work thus recorded, a new authorization from the authors is required in return for an unwaivable remuneration. If this authorization is not requested within 6 months of the first broadcast, the recording must be destroyed.(2) In the case of temporary recordings of the works made by radio or television broadcasters for their own shows, the preservation of such recordings in official archives shall be permitted if they are of particular documentary value.

CHAPTER VII: Assignment of the patrimonial copyrights SECŢIUNEA I: Common provisions

Article 40(1) The author or the copyright holder may assign by contract to other persons only his/her patrimonial rights. (2) The assignment of author's patrimonial rights may be limited to certain rights, for a given territory, and for a certain period of time. (3) Author's patrimonial rights or those of the copyright holder may be assigned either by exclusive or by non-exclusive assignment. (4) In case of an exclusive assignment, not even the copyright holder himself/herself shall be able to use the work anymore in the manners, in the territory and for the period of time agreed with the assignee nor shall he or she be any longer able to transfer the respective right to another person. The exclusive nature of the assignment must be expressly provided for in the contract.


Law no. 8/1996 on copyright and neighboring rights 2020 (5) In case of a non-exclusive assignment, the copyright holder may use the work himself/herself, and may assign the non-exclusive right to other people, too.(6) The non-exclusive assignee may not assign his/her right to another person unless he/she has the assignor's express consent.(7) The assignment of one of the patrimonial rights of the copyright holder shall not have any effect on his/her other rights unless otherwise agreed. (8) The consent mentioned under paragraph (6) shall not be required in case the assignee, as a legal person, shall be changed by one of the modalities provided under the law.

Article 41In the case of the assignment of the right to reproduce a work, it is presumed that the right to distribute the copies of such a work was also assigned, except for the right to import, unless otherwise stipulated in the contract.

Article 42(1) The contract for the assignment of patrimonial rights must specify the patrimonial rights transfered and state, for each of them, the terms 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 interested party to request for the termination of the contract. (2) The assignment of patrimonial rights in all featured or non-featured future works of the author is subject to absolute nullity.

Article 43The existence and content of the contract for the assignment of patrimonial rights can only be proven by its written form. Exceptions are the contracts for works used in the press.

Article 44(1) The remuneration due under an assignment contract of patrimonial rights shall be established by agreement between the parties. The amount of the remuneration shall be calculated either in proportion to the amounts collected from the exploitation of the work, or as a set sum, or in any other way.(2) When the remuneration has not been established by contract, the author may request the competent jurisdictional bodies, according to the law, to establish the remuneration. This shall be done taking into account the amount of money usually paid for the same class of works, the destination and term of exploitation as well as other circumstances specific to the case. (3) In case of an obvious disproportion between the remuneration of the author of the work and the profits of the personhaving obtained the assignment of the patrimonial rights, the author may request the competent jurisdictional bodies to revise the contract or to increase the remuneration expediently.(4) The author may not beforehand waive the exercise of the right provided under paragraph (3).



Article 45(1) In the absence of a contrary contractual clause, for the works created within the framework 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 rewarding it for contributing to the costs of creation. The use of the work by the employer within the scope of its activity does not require the authorization by the employed author.(2) If the clause stipulated in paragraph (1) exists, it shall contain the period of time for which the patrimonial rights of the author were assigned. In the absence of such period of time, it shall be of three years as of the date when the work is handed in.(3) After the expiry of the terms provided in paragraph (2), in the absence of a contrary provision, the employer is entitled to request the author to pay a reasonable charge on the proceeds from the use of his/her work in order to compensate for the costs incurred by the employer for the creation of the work by the employee in the course of his/her employment duties. (4) Upon the expiry of the term provided in paragraph (2) the patrimonial rights shall turn to the author. (5) The author of a work created under an individual employment contract retains the exclusive right to use the work as part of his/her entire creation.

Article 46(1) Unless otherwise agreed, the copyright holder of a work appearing in a periodical publication retains the right to use it in any form, provided that it does not prejudice the publication in which the work appeared.(2) Unless otherwise agreed, the copyright holder may freely dispose of the work, if it has not been published within one month as of the date of acceptance, in the case of a daily newspaper, or within 6 months in the case of other publications.

Article 47In the case of an order contract for future works, in the absence of a contrary clause, the patrimonial rights belong to the author.The order for a future work must include both the deadline for the submission and for the acceptance of the work.

The person who orders the work is entitled to unilateraly terminate the contract if the work does not meet the conditions set. In the event of unilateral termination of the contract, the amounts collected by the author remain with him/her. If, in order to create a work under contract, preparatory works have been carried out, the author is entitled to reimbursement of the costs incurred.

Article 48(1) The author may request for the annulment of the assignment contract for the patrimonial right if the assignee does not use it or uses it to an insufficient extent and if the justified interests of the author are thereby greatly affected.


Law no. 8/1996 on copyright and neighboring rights 2020 (2) The author may not request the annulment of the assignment contract if the reasons for non-use or insufficient use are due to his/her own fault, the deed of a third party, a fortuitous event or a force majeure event. (3) The annulment of the assignment contract referred to in paragraph (1) may not be claimed before the expiry of 2 years since the date of assignment of the patrimonial right of a work. In the case of the works assigned to daily publications, this period will be of 3 months, and of one year in the case of the periodical publications. (4) The owner of the original work of art or photographic art has the right to display it publicly, even if it has not been made public, unless the author expressly excluded this right in the act of alienating the original. (5) The owner may not waive in advance of his/her right to request the annulment of the assignment contract referred to in paragraph (1).(6) The ownership acquiring on the material support of the work does not in itself confer a right of use on that work.

SECTION II: Publishing Contract

Article 49(1) By the publishing contract, the copyright holder gives to the publisher, in return for remuneration, the right to reproduce and distribute the work. (2) The convention by which the holder of a work's copyright empowers a publisher at his or her expense to reproduce and possibly to distribute the work shall not constitute a publishing contract.(3) In the situation provided under paragraph (2) the provisions of common law relating to the business contract shall apply.

Article 50The copyright holder may give the publisher the right to authorize the translation and adaptation of the work.

Article 51The assignment to the publisher of the right to authorize others to adapt the work or to use it in any other way must be subject of an express contractual provision.

Article 52(1) The publishing contract must contain provisions on:a) the duration of the assignment;b) the exclusive or non-exclusive nature and the territorial extent of the assignment;c) the maximum and minimum number of copies;d) the remuneration of the author established under the provisions of this law;e) the number of copies reserved for the author free of charge;f) the term for the appearance and distribution of the copies of each edition or, as the case may by, of each issue;g) the delivery date of the original work by the author;h) the inspection procedure of the number of copies produced by the publisher. (2) The absence of any of the clauses referred to at letters a), b) and d) entitles the interested party to request cancellation of the contract.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 53(1) The publisher which has acquired the right to publish the work in the form of a volume has, compared to other similar bidders, at equal price, the priority right to publish the work in electronic format. The publisher must choose in writing within no more than 30 days of receiving the written offer of the author.

(2) The right mentioned in paragraph (1) is valid for 3 years as of the publication date

of the work. Article 54The publisher is required to allow the author to make improvements or other changes to the work in the case of a new edition, provided that these improvements or modifications do not substantially increase the publisher's costs and not change the character of the work, unless otherwise provided in the contract.

Article 55The publisher may only assign the publishing contract with the consent of the author.

Article 56The publisher is obliged to return to the author the original of the work, the originals of the works of art, the illustrations and any other documents received for publication, unless otherwise agreed.

Article 57(1) Unless otherwise provided, the publishing contract shall cease after the expiry of the agreed term or after the last edition agreed upon is exhausted.(2) The issue or the circulation which number of unsold copies is less than 5% of the total number of copies, and in any case less than 100 copies, shall be deemed to be exhausted.(3) If the publisher fails to publish the work within the agreed term, the author may request, according to the law, the cancellation of the contract and damages for non-performance. In this case, the author shall retain the remuneration received or, where appropriate, may demand for the payment of the full remuneration provided for in the contract.(4) If the deadline for the publication of the work is not stipulated in the contract, the publisher is has to publish it within one year as of the date of its acceptance.(5) If the publisher intends to destroy the copies of the work remaining in the stock after a period of 2 years as of the date of publication, and if no other period is stipulated in the contract, the former has to offer them first to the author.

Article 58(1) In case of destruction of the work due to force majeure, the author is entitled to a remuneration which will be paid only if the work has been published.(2) If a prepared edition is totally destroyed due to force majeure, before it is put into circulation, the publisher is entitled to prepare a new edition, and the author will be entitled to remuneration for only one of these editions.(3) If a prepared edition is partially destroyed due to force majeure, the publisher is entitled to reproduce, without paying the remuneration to the author, only as many copies as they have been destroyed.



SECTION III: Theatrical or musical performance contract

Article 59(1) By the theatrical or musical performance contract, the copyright holder gives to a natural or legal person the right to represent or perform in public a present or future work, literary, dramatic, musical, dramatic-musical, choreographic or a pantomime in return for remuneration, and the assignee undertakes to perform or execute it under the agreed conditions. (2) General theatrical or musical performance contracts may also be concluded through the collective management organisation, under the provisions of article 162 letter d).

Article 60(1) The theatrical or musical performance contract shall be concluded in writing, for a fixed term or for a certain number of public communications. (2) The contract shall provide the term within which the premiere or the only performance or execution of the work will take place, as the case may be, the exclusive or non-exclusive character of the assignment, the territory, as well as the remuneration of the author. (3) The interruption of performances or of executions for two consecutive years, unless otherwise provided by contract, entitles the author to request for the termination of the contract and damages for non-execution, according to the common law. (4) The beneficiary of a theatrical or musical performance contract may not assign it to a third party, organizer of shows, without the written consent of the author or of his representative, except for the simultaneous, complete or partial assignment of this activity.

Article 61(1) The assignee is bound to allow the author to inspect the performance or execution of the work and to adequately support the achievement of the technical conditions for the interpretation of the work. Also, the assignee must send the program, posters and other printed materials, the public reviews about the show to the author, unless otherwise specified in the contract. (2) The assignee is bound to ensure the representation or the public performance of the work under appropriate technical conditions, as well as the observance of author’s rights.

Article 62(1) The assignee is bound to periodically communicate to the copyright holder the number of musical performances and executions as well as the statement of proceeds. For this purpose, the theatrical or musical performance contract must also stipulate the periods of communication, but not less than once a year. (2) The assignee must pay to the author the sums of money to the amount agreed upon, within the time limit stipulated in the contract.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 63If the assignee fails to perform or to execute the work within the prescribed time limit, the author may request, in accordance with the common law, the annulment of the contract and damages for non-performance. In such a case, the author shall retain the remuneration received or, where appropriate, may claim for the payment of the full remuneration provided for in the contract.

SECTION IV: Rental contract

Article 64(1) By the rental contract of a work, the author undertakes to convey the use of at least one copy of his/her work, in original or in copy, for a determined period of time, especially computer programs or works recorded in sound or audiovisual recordings. The beneficiary of the rental right undertakes to pay a fee to the author for as long as it uses that copy of the work. (2) The rental contract of a work is subject to the provisions of the common law regarding the lease agreement.(3) The author retains the copyright upon the rented work, except for the distribution right, unless otherwise agreed.

PART II: Special provisionsCHAPTER VIII: Cinematographic works and other audiovisual works

Article 65The audiovisual work is the cinematographic work, the work expressed by a cinematic-like procedure or any other work consisting of a sequence of motion pictures, whether or not accompanied by sounds.

Article 66(1) The director or, as the case may be, the developer of the audiovisual work is the natural person who, in the contract concluded with the producer, undertakes the leadership of the creation and accomplishment of the audiovisual work, as main author. (2) The producer of an audiovisual work is the natural or legal person who/which undertakes the responsibility for the production of the work and as such organizes the accomplishment of the work and provides the necessary technical and financial means. (3) For the production of an audiovisual work, the written form of the contract between the producer and the main author is mandatory.

Article 67The authors of the audiovisual work, under the conditions provided in article 5, are the director or creator, the author of the adaptation, the author of the script, the author of the dialogue, the author of the music especially created for the audiovisual


Law no. 8/1996 on copyright and neighboring rights 2020 work, and the graphic author of the animation or animation sequences when the latter are an important part of the work. In the contract between the producer and the director or creator of the work, the parties may agree other creators who have substantially contributed to its creation to be also included as authors of the audiovisual work.

Article 68(1) If one of the authors provided in article 67 refuses to finalize its contribution to the audiovisual work or is unable to do so, he/she will not be able to oppose its use for the purpose of finalizing the audiovisual work. This author will have the right to remuneration for his/her contribution. (2) The audiovisual work shall be considered as finalized when the final version has been agreed by the mail author and the producer.(3) It is forbidden to destroy the original support (carrier) of the final version of the audiovisual work in the standard-copy format.(4) The authors of the audiovisual work, other than the main author, may neither oppose public disclosure, nor the specific use of the final version of the work, in whole or in part.

Article 69(1) The right to audiovisual adaptation is the exclusive right of the copyright holder in a pre-existing work to transform or incorporate it into an audiovisual work.(2) The assignment of the right provided in paragraph (1) may be made only under a written contract between the copyright holder and the producer of the audiovisual work, distinct from the contract for the editing of the work.(3) By concluding the adaptation contract, the copyright holder of a pre-existing work assigns to a producer the exclusive right to transform and incorporate that work into an audiovisual work.(4) The authorization granted by the copyright holder to the pre-existing work must expressly lay down the conditions for the production, distribution and projection of the audiovisual work. Article 70The moral rights upon the finished work are recognized only for the authors established according to article 67.

Article 71(1) By the contracts concluded between the authors of the audiovisual work and the producer, in the absence of a contrary clause, it shall be presumed that they, except for the authors of the special music created, assign to the producer the exclusive rights regarding the use of the work as a whole, as provided in article 13, as well as the right to authorize dubbing and subtitling in return for a fair remuneration.(2) Unless otherwise stipulated, the authors of the audiovisual work, as well as other authors contributing to it, retain all the rights to use their own contributions separately, as well as the right to authorize and/or prohibit uses other than the one specific features of the work, in whole or in part, such as the use of fragments from the cinematographic work for advertising purposes, other than for the promotion of the work, under the provisions of the present law.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 72(1) Unless otherwise stipulated to the contrary, the remuneration for each audiovisual work’s manner of use shall be proportionate to the gross proceeds fromthe use of the work.(2) The producer is bound to periodically remit to the authors the amount of receipts collected according to each manner of use. The authors receive the fair remuneration either through the producer, or directly from the users or through the copyright collective management organisations, based on the general contracts concluded by the latter with the users. For the rental right, the authors receive the remuneration according to the provisions of article 119. (3) If the producer fails to complete the audiovisual work within five years from the conclusion of the contract or fails to broadcast the audiovisual work within one year of its completion, the co-authors may request for the termination of the contract, unless otherwise agreed.

CHAPTER IX: Computer programs

Article 73(1) By this law, the protection of computer programs includes any and every expression of a program, application programs and operating systems, expressed in any type of language, either source code or object code, the preparatory design material, as well as the manuals.(2) The ideas, processes, methods of operation, mathematical concepts, and the principles underlying any element of a computer program, including those underlying its interfaces, are not protected.

Article 74(1) The copyright holder of a computer program shall benefit from the rights provided for in this Law in the Part I of this Title, particularly from the exclusive right to create and authorize:a) the permanent or temporary reproduction of a program, in whole or in part, by any means and in any format whatsoever, including when the reproduction is determined by the loading into the memory, storage, running or execution, display or transmission in the network;b) the translation, adaptation, arrangement and any other changes to a computer program as well as the reproduction of the result of such operations, without prejudice to the rights of the person converting the computer program;c) the distribution and rental of the original or the copies, in any format, of a computer program.(2) The first sale of a copy of a computer program on the internal market by the right-holder or with his/her consent shall exhaust the exclusive right to authorize the distribution of this copy on the internal market.

Article 75


Law no. 8/1996 on copyright and neighboring rights 2020 Unless otherwise stipulated to the contrary, the patrimonial copyrights upon the computer programs created by one or more employees while exercizing their employment duties or according to the instructions of the employer, belong to the latter.

Article 76(1) Unless otherwise stipulated to the contrary, by the contract concluded for the use of a computer program there shall be presumed that:a) the user is granted the non-exclusive right to use the computer program;b) the user may not transfer to another person the right to use the computer program.(2) The assignment of the right to use a computer program does not imply the transfer of the copyright related to it.

Article 77Unless otherwise stipulated to the contrary, are no subject to the authorization of the copyright holder the acts provided for in article 74 paragraph (1) letters (a) and (b) if they are necessary to enable the legitimate purchaser to use the computer program in a manner appropriate to its intended purpose, including for the correction of errors.

Article 78(1) The authorized user of a computer program may, without right-holder's authorization, make an archive copy or a beckup-copy, insofar as this is necessary for ensuring the use of the program. (2) The authorized user of a copy of a computer program may, without right-holder's authorization, observe, study, or test the operation of this program, for the purpose of determining the principles and ideas underlying any of its elements on the occasion of carrying out any operation of loading into the memory, displaying, running or execution, transmission or storing of the program, operations which the authorized user is entitled to carry out. (3) The provisions under article 10 paragraph e) above shall not apply to computer programs.

Article 79The authorization of the copyright holder shall not be mandatory when the reproduction of the code or translation of the form of this code should be essential for obtaining the information required for the interoperability of a computer program with other computer programs, if the following conditions should have been met: a) the translation and reproduction acts are carried out by a person holding the right of use of a copy of the program, or by a person carrying out these actions in the name of the previous one, being duly authorized to this end;b) the information required for interoperability is not readily and easily available to the persons referred to in letter a); c) the acts provided under letter a) are limited to parts of the program required for interoperability.

Article 80


Law no. 8/1996 on copyright and neighboring rights 2020 In information obtained by applying article 79:a) may not be used for any purpose other than to achieve the interoperability of the independently created computer program; b) may not be communicated to other persons, unless the communication proves to be necessary for the interoperability of the independently created computer program; c) may not be used to complete, produce or commercialize a computer program the expression of which is fundamentally similar, or for any other act that infringes the rights of the copyright holder.

Article 81The provisions of articles 79 and 80 shall not apply if damage to the copyright holder or the normal use of the computer program is caused.

Article 82The provisions of Chapter VI of the present Title shall not apply to computer programs.

CHAPTER X: Works of plastic art, architecture and photography

Article 83The natural or legal person organizing the art exhibitions is responsible for the integrity of the exhibited works, taking all measures to eliminate any risk.

Article 84(1) The contract for the reproduction of a work of art must contain indications to identify the work, such as a brief description, a sketch, a drawing, a photograph, as well as reference to the author’s signature.(2) The reproductions may not be offered for sale without the copyright holder having approved the specimen that has been submitted for examination. (3) All the copies shall bear the name or the pseudonym of the author or any other agreed sign enabling him/her be identified.(4) The original models and other elements having served to the maker of the reproductions should be returned to their holder with any title, if not otherwise agreed. (5) Instruments exspecially created for the reproduction of the work must be destroyed or rendered useless, if the copyright holder of the work should not acquire them, and if not otherwise agreed

Article 85(1) Architectural and urbanistic studies and designs exhibited near the site of the architectural works, as well as the construction built according to them must bear written in a visible place the name of the author, unless otherwise agreed by contract. (2) The construction of an architectural work totally or partially built after another design, may be done only with the consent of the copyright holder upon that design (project).


Law no. 8/1996 on copyright and neighboring rights 2020 Article 86(1) Photograms of cinematographic films shall also be considered photographic works.(2) Photographs of letters, acts, of documents of any kind, of mechanical drawings and the like can not be protected by copyright..

Article 87(1) The right of the author of a photographic work to use his/her own work shall not prejudice the rights of the author of the work of art reproduced in the photographic work. (2) The patrimonial rights upon the photographic work, which was created during the execution of an individual employment contract or order, are presumed to belong for a 3 year period of time to the person who employs or to the person who made the order, unless otherwise provided by contract. (3) The alienation of the photographic work’s negative has the effect of transferring the patrimonial rights of the copyright holder to it, unless otherwise provided by the contract. l.

Article 88(1) A person's photograph, when executed by request, may be published, reproduced by the person photographed or by his/her successors without the consent of the author, unless otherwise agreed. (2) If the author's name appears on the original copy of the photograph, it must also be mentioned on the reproductions.

CHAPTER XI: Protection of the portrait, of the mail addressee and of the confidentiality of the information source

Article 89(1) The use of a work containing a portrait requires the consent of the person represented in this portrait, under the conditions provided by articles 73, 74 and 79 of the Civil Code. Also, the author, the owner or the holder thereof is not entitled to reproduce or use it without the consent of the successors of the represented person, for 20 years after his death, in compliance with the provisions of article 79 of the Civil Code. (2) Unless otherwise provided to the contrary, consent is not required if the person represented in the portrait is a professional model or has received a remuneration to post for that portrait. Also, the existence of consent is presumed under article 76 of the Civil Code.

Article 90The use of correspondence addressed to a person requires the consent of the addressee and, after his/her death, of his successors for a 20-year period of time, and if the addresse did not otherwise requested, the provisions of article 71 paragraphs (1) and (2), articles 72, 74 and 79 of the Civil code are also applicable.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 91The person represented in a portrait and the recipient of the correspondence may exercise the right provided in article 10 letter d) regardin the use of the work containing the portrait or of the correspondence, as the case may be.

Article 92The publisher or producer, by the request of the author, is required to keep the sources of information used in the works secret and not to publish the documents relating to them.

Disclosure of secrecy is allowed with the consent of the person who entrusted it or under a final court order.

TITLE II: Neighboring rights and sui-generis rights CHAPTER I: Common provisions

Article 93(1) The neighbouring rights to copyright do not impair authors’ rights. No provision in this Title shall be construed as limiting the exercise of copyright. (2) The patrimonial rights acknowledged in the present title may be assigned, as a whole or in part, under the conditions provided by articles 40 to 44, which apply by analogy. These rights may be the subject of an exclusive or non-exclusive assignment.

Article 94The performers shall be acknowledged and protected as holders of neighboring rights for their own performances or executions, the producers of sound recordings for their own recordings, and the television and radio broadcasting organisations for their own shows and program services.

CHAPTER II: Performers’ rights

Article 95In the sense of the present law, by performers shall be understood: actors, singers, musicians, dancers, and other persons presenting, singing, dancing, reciting, uttering with rhetorical effect, acting, performing, directing, conducting, or executing in any other way a literary or artistic work, a performance of any kind, folklore variety, circus, or puppets performances inclusive.

Article 96The performer has the following moral rights:a) the right to claim recognition of the paternity of his/her own pwrformance or execution;b) the right to claim that his or her name or pseudonym is indicated or communicated to each show and each use of its recording; c) the right to claim the compliance with the quality of his or her performance and to prevent any distortion, falsification or other substantial modification of his/her


Law no. 8/1996 on copyright and neighboring rights 2020 performance or execution or any infringement of his/her rights that would seriously prejudice his honor or reputation.

Article 97(1) The rights provided in article 96 may not be waived or alienated.(2) After the death of the performer, the exercise of the rights provided in article 96 are transmitted by inheritance, under civil law, for an unlimited duration. If there are no heirs, the exercise of these rights rests with the collective management organisation managing the rights of the performer or, as the case may be, with the organisation having the largest number of members in that field.

Article 98(1) The performer has the exclusive patrimonial right to authorize or to prohibit the following:a) the fixing of his/her performance or execution;b) the reproduction of the fixed performance or execution;c) the distribution of the fixed performance or execution;d) the renting of the fixed performance or performance;e) the lending of the fixed performance or execution;(f) the importation for commercialization on the domestic market purpose of the fixed performance or execution; g) the broadcasting and public communication of his/her performance or execution, unless the performance or execution has already been fixed or broadcasted;h) in the situation specified in letter g) he/she has the right only to fair remuneration;(i) the making its interpretation or execution available to the public so that it can be accessed, at any place and at any time individually chosen by the public; j) the cable retransmission of the fixed performance or execution.(2) For the purposes of this Law, the incorporation of sounds, images or sounds and images or their digital representation on a support (carrier) that enables their reproduction or public communication with an equipment is deemed to be a fixation.(3) The fair remuneration provided for in paragraph (1) letter g) is established and collected according to the procedure provided for in articles 163 to 165 and 168.(4) The definitions provided in articles 14 to 18, article 20 paragraph (1), articles 21 and 22 shall also apply accordingly for the rights provided for in paragraph (1).

Article 99(1) For the purpose of this law, the performance or execution of a work is collective, if individual performances or executions form a whole, without it being possible, given the nature of the perfomance or execution, to grant a distinct right to any of the participating performers on the whole of the performance or execution.(2) For the purpose of exercising the exclusive rights regarding the authorization provided in article 98, performers who collectively participate in the same performance or execution, such as the members of a musical group, of a choir, orchestra, corp de ballet or theater, must mandate in writing a representative among them, with the consent of the majority of the members. (3) The director, conductor and soloists are exempted from the provisions of paragraph (2).



Article 100In the case of a performance or execution of an artist under an individual employment contract, the patrimonial rights provided under article 98, which are transfered to the employer, must be expressly provided for in the individual employment contract.

Article 101Unless otherwise stipulated to the contrary, the performer who participated in the production of an audiovisual work, audiovisual recording or sound recording, shall be presumed to assign its producer, in return for fair remuneration, the exclusive right to use his/her performance thus fixed, through reproduction, distribution, import, rental and lending.

Article 102(1) The term of protection of the patrimonial rights of performers is of 50 years since the date of performance or execution, except for the following: a) where the fixation of the performance, other than in a phonogram, is subject to legal publication or legal communication to the public within that period, the rights shall cease 50 years since the first publication or since the first communication to the public, whichever it comes first; b) where the fixation of the performance in a phonogram is subject to legal publication or to legal communication to the public within that period, the rights shall cease 70 years since the first such publication or since the first such communication to the public, whichever it comes first. în cazul în care fixarea executării pe o fonogramă face obiectul unei publicări legale sau al unei (2) The period of time stipulated in paragraph (1) shall be calculated from the 1st of January of the year following the fact generating the right.

Article 103(1) If 50 years after the phonogram is legally published or, in the absence of such publication, 50 years after its legal public communication, the phonogram producer fails to provide copies of the phonogram for sale in a sufficient number or fails to make the phonogram available to the public, by wire or wireless, so that members of the public may have individual access from the place and at the time chosen, the performer may terminate the contract by which he/she has assigned to a phonogram producer the rights on the fixation of his/her performance, hereinafter referred to as assignment contract.(2) The right of termination of the assignment contract may be exercised provided that the producer, within one year as of the notification by the performer of his intention to terminate the assignment contract pursuant to paragraph (1), has failed to carry out the two exploitation activities provided for in paragraph (1). (3) The right of termination can not be waived by the performer. (4) If the performances of several performers are recorded in the phonogram, they may terminate their assignment contracts in accordance with the applicable national law. If the assignment contract is terminated under this article, the phonogram producer's rights to the phonogram shall cease.


Law no. 8/1996 on copyright and neighboring rights 2020 (5) If the assignment contract provides for the right of the performer to a single remuneration, he/she shall be entitled to receive additional annual remuneration from the phonogram producer for each whole year immediately following the 50 th year since the statutory publication of the phonogram or, in the absence of such publication, the 50th year after its legal communication to the public. (6) The right to obtain an additional annual remuneration may not be waived by the performer.(7) The total amount that the phonogram producer must allocate for the payment of the additional annual remuneration provided for in paragraph (5) corresponds to 20% of the revenues the phonogram producer obtained in the year preceding the year for which the remuneration is paid, from the reproduction, distribution and making available of the phonograms, after the 50th year since the phonogram was legally published or, in the absence of such publication, after the 50th year since its legal communication to the public.(8) The producers of phonograms must provide, on request, to the performers who are entitled to the payment of the additional annual remuneration any information necessary to ensure the payment of that remuneration.(9) The right to obtain the additional annual remuneration, as stipulated in paragraph (5) is managed by the collective management organisation.(10) If a performer is entitled to a gradually paid remuneration, neither advance payments nor reductions defined in the contract shall be deducted from the payments made to the artist after the 50th year since the legal publication of the phonogram or, in the absence of such publication, after the 50th year since its legal communication to the public.

CHAPTER III: The rights of the producers of sound recordings

Article 104(1) For the purposes of this law, sound recording or phonogram shall be the fixation of sounds emanated by a performance or execution, or of other sounds or of the digital representation of such sounds, other than in the form of a fixation incorporated in a cinematographic work or in another audiovisual work. (2) The producer of sound recordings is the natural or legal person who/which has the initiative and undertakes responsibility for the organisation and the financing of the first sound fixation, whether or not they constitute a work within the meaning of this law.

Article 105In the case of reproduction and distribution of sound recordings, the producer is entitled to enclose on their supports (carriers), including on the covers, boxes and other packing materials, in addition to the information concerning the author and the performer, the titles of the works, the year of the first publication, trademark, also the name of the producer.

Article 106Under the conditions provided for in article 93 paragraph (1), the producer of sound recordings has the exclusive right to authorize or prohibit the following:


Law no. 8/1996 on copyright and neighboring rights 2020 a) the reproduction by any means and in any format of its own sound recordings;b) the distribution of its own sound recordings;c) the rental of its own sound recordings;d) the lending of its own sound recordings;e) the importation, for the purpose of commercialization on the domestic market, of legally completed copies of its own sound recordings;f) the broadcasting and public communication of its own sound recordings, except for those published for commercial purposes, in which case they are only entitled to fair remuneration;g) the making if its own sound recordings available to the public so that they can be accessed at any place and at any time individually chosen by the public;h) the cable retransmission of its own sound recordings.(2) The definitions in articles 14 to 18, article 20 paragraph (1), articles 21 and 22 shall also apply by analogy to the rights provided for in paragraph (1). (3) The sound recording producer shall have the right to prevent the import of copies of its own sound recordings created without its authorization. (4) The provisions of paragraph (1) letter e) do not apply when the importation is made by a natural person, for no commercial purposes, in his or her legally admitted personal luggage.

Article 107(1) The term of protection of the patrimonial rights of phonogram producers shall be of 50 years since the date of the first fixation. However, if during that period the phonogram is subject to legal publication or to a statutory public disclosure, the duration of the protection of the rights shall be of 70 years from the date whichever came first. (2) The duration stipulated in paragraph (1) shall be calculated as of the 1st of January of the year following the fact generating the right.

CHAPTER IV: The rights of audiovisual recording producers

Article 108(1) Any audiovisual recording or videogram within the meaning of this law shall be any fixation of an audiovisual work or moving image sequences, whether or not accompanied by sound, whatever the method and support (carrier) used for this fixation. (2) The producer of an audiovisual recording is the natural or legal person who/which has the initiative and undertakes the responsibility for the organisation and achievment of the first fixation of an audiovisual work or of motion pictures, accompanied or not by sound, and as such, provides the necessary technical and financial means.

Article 109In the case of reproduction and distribution of its own audiovisual recordings, the producer is entitled to include on their carriers, including on the covers, boxes and other packing materials, the name of the producer, in addition to the author's and the


Law no. 8/1996 on copyright and neighboring rights 2020 artist's details, the titles of the works, the year of first publication, the trademark, and the name of the producer.

Article 110(1) The producer of an audiovisual recording shall have the exclusive right to authorize or prohibit the following:a) the reproduction by any means and in any format of its own audiovisual recordings;b) the distribution of the original or copies of its own audiovisual recordings;c) the rental of its own audiovisual recordings;d) the lendingof its own audiovisual recordings;e) the import, for the purpose of commercialization on the internal market, of its own audiovisual recordings;f) the broadcasting and public communication of its own audiovisual recordings;g) making its own audiovisual recordings available to the public so that they can be accessed, at any place and at any time individually chosen by the public;h) the cable retransmission of its own audiovisual recordings.(2) The definitions in articles 14 to 18, article 20 paragraph (1), articles 21 and 22 shall also apply by analogy to the rights provided for in paragraph (1).

Article 111

(1) The duration of the patrimonial rights of the producers of audiovisual recordings shall be of 50 years as of the date of the first fixation. However, if the registration during this period is subject to publication or to a legal public comunication, the duration of the rights shall be of 50 years as of the date whichever it comes first.(2) The duration of time stipulated in paragraph (1) shall be calculated as of the 1 st of January of the year following the fact generating the right.

CHAPTER V: The common provisions for the authors, the performers, and the producers of audiovisual and sound recordings

Article 112(1) For the direct or indirect use of the phonograms published for commercial purposes or of reproductions thereof by broadcasting or by any means of communication to the public, performers and phonogram producers shall be entitled to a single, fair remuneration. (2) The amount of this remuneration shall be established by methodologies, according to the procedure provided for in articles 163 to 165. (3) The collection of the single remuneration shall be carried out under the conditions provided in article 168. (4) The beneficiary collective management organisations shall establish, by means of a protocol deposited with the Romanian Copyright Office, the proportion of the remuneration distribution between the two categories of beneficiaries. In case the beneficiaries fail to file the protocol with the Romanian Copyright Office within 30 days from the date of coming into force of the methodologies, the remuneration shall equally be divided between the two categories of beneficiaries.


Law no. 8/1996 on copyright and neighboring rights 2020 (5) For the purposes of this law, a phonogram shall be considered to be published for commercial purposes when it is made available to the public by sale or by wire or wireless means, so that anyone can access it at the place and time individually chosen.

Article 113The distribution right shall be exhausted with the first sale or with the first transfer of ownership of the original or of the copies of a sound or audiovisual recording on the internal market by the right-holder or with his/her consent.

Article 114(1) The authors of the works that may be reproduced by sound or audiovisual recordings on any type of support (carrier), as well as those of the works that are likely to be reproduced on paper, directly or indirectly, under the conditions provided by article 36 paragraph (1) shall have the right, together with the publishers, producers and performers, as the case may be, to a compensatory remuneration for the private copy, according to article 36 paragraph (2). The right to compensatory remuneration for the private copy cannot be waived by the beneficiaries. (2) Compensatory remuneration for the private copy shall be paid by the manufacturers and/or importers of carriers (supports) for the equipment, as provided in article 36 paragraph (2), regardless of whether the process used is analogue or digital. (3) The importers and manufacturers of the carriers and equipment provided for in article 36 paragraph (2) are bound to register with the Romanian Copyright Office in the National Register of the Private Copy and may carry out the said import or production activities only after obtaining the registration certificate from the Romanian Copyright Office. This certificate is issued by the Romanian Copyright Office based on the evidence of the legally registered object of activity and of the Single Certificate of Registration with the Trade Register, within 5 days of their submission. (4) The list of carriers and equipment for which compensatory remuneration for the private copy is due and the amount of such remuneration shall be negotiated every 3 years, if one of the parties so requests, in committees consisting of: a) one representative of the main collective management organisations, operating for each category of rights, on the one hand; b) one representative of the main associative structures delegated by the manufacturers and importers of carriers and equipment, appointed by the said associative structures, and one representative of the first 3 major manufacturers and importers of carriers and equipment, established on the basis of turnover and quota provided that they are declared for this purpose at the Romanian Copyright Office on their own responsibility, on the other hand. (5) In order to initiate the negotiations according to the procedures provided for in article 163 paragraphs (2) to (5), the collective management organisations or the associative structures of the manufacturers and importers of carriers and equipment shall submit to the Romanian Copyright Office a request containing the list of carriers and equipment, a request to be published in the Official Gazette of Romania, Part I, by a decision of the General Manager of the Romanian Copyright Office, as well as the amounts of the remunerations to be negotiated. The list shall be drawn up separately


Law no. 8/1996 on copyright and neighboring rights 2020 for sound and audiovisual equipment and carriers, and for graphics devices and media and shall be negotiated in two committees. (6) The remuneration shall be a percentage and shall be calculated at the customs value in the case of importers and, respectively, at the VAT exclusive value, when the products are put into circulation by the producers and shall be paid in the month following the importation or the invoicing date. (7) The remunerations negotiated by the parties are percentages and are due for the equipment and carriers provided for in article 36 paragraph (2), including A4 paper sheets and digital media. (8) The compensatory remuneration for private copying represents a percentage of te value specified in paragraph (6), as follows:a) Paper sheets for the copier, A4 format; 0,1%;b) Other carriers: 3%;c) For equipment: 0,5%,(9) Negotiations for the establishment of the list of equipment and carriers for which compensatory remuneration is due shall be convened by the Romanian Copyright Office within 15 days from the publication in the Official Gazette of Romania, Part I, of the request for negotiation.

Article 115The compensatory remuneration for the private copy is collected by a sole collector management organisation for the works reproduced after sound and audiovisual recordings and by another sole collector management organisation for the works reproduced on paper under the conditions set out in article 168 paragraphs (6) to (8). The two collective management organisations assigned as sole collectors are designated by obtaining the vote of the majority of the beneficiary collective management organisations at the first assembly, or by obtaining the largest number of votes at a second assembly, regardless of the number of those present. The collective management organisations designated by vote shall submit to the Romanian Copyright Office the minutes by which they have been designated. Within 5 working days from the filing date, the Romanian Copyright Office shall appoint the sole collector by the decision of the General Manager, which shall be published in the Official Gazette of Romania, Part I.

Article 116(1) The compensatory remuneration collected by the sole collector collective management organisations for the private copy shall be distributed to the beneficiaries as follows:a) In the case of the carriers and equipment for copied sound recordings, by analogy, 40% of the remuneration is paid, in negociable parts, to the authors and publishers of the recorded works, 30% is paid to the performers, and the remaining 30% belongs to the producers of sound recordings;b) In the case of the carriers and equipment for copied audiovisual recordings, by analogy, the remuneration shall be equally divided between the following categories: authors, performers and producers; c) In the case of the copies recorded by digital process on any type of carrier, the remuneration shall be equally divided among the beneficiaries corresponding to each


Law no. 8/1996 on copyright and neighboring rights 2020 of the three categories referred to in letters (a) and (b), and within each category, as set out in said paragraphs. (2) In the case of the copies recorded on paper, by analogy, the remuneration shall be equally divided between authors and publishers. The amounts due to publishers are allocated to them only by publishers' associations, based on a protocol concluded between them, containing the distribution criteria and the percentages due to each association. Only the association of publishers meeting the conditions set by the decision of the General Manager of the Romanian Copyright Office can participate in the negotiation of the distribution protocol.

Article 117The compensatory remuneration for private copying is not payable if blank audio, video carriers or digital media, manufactured or imported in the country, are sold as wholesale to the producers of sound and audiovisual recordings or to broadcasters for their own broadcasts/shows.

Article 118The provisions of article 114 do not apply upon the importation inside the legally admitted personal luggage of carriers and equipment which enable copying, for no commercial purpose.

Article 119(1) Where an author or performer has transferred or assigned his rental or lending right in respect of a phonogram or videogram to a phonogram or audiovisual recordings producer, he/she shall retain the right to to obtain a fair remuneration.(2) The right to obtain a fair remuneration for renting shall not be waived by the authors or performers, as beneficiaries.(3) The authors and performers shall receive the due remuneration either directly from the producers, according to the contracts concluded with them, or from the users only through the collective management orgnizations, according to the contracts concluded between the beneficiaries of the remuneration and the producers.

Article 120The provisions regarding the limits of exercising the rights provided in articles 35 to 39 shall also apply accordingly for the holders of neighbouring rights to copyright.

Article 121If the right-holders benefit by law from a mandatory remuneration, they cannot oppose the uses that generate it.

Article 122(1) An orphan work or phonogram, as referred to in articles 7, 8 and article 104 paragraph (1), is when no copyright holder of the work or phonogram is identified or, even if one or more of the holders are identified, none of them is located, despite of the hard and diligent search of the copyright holders.


Law no. 8/1996 on copyright and neighboring rights 2020 (2) The orphan work status shall apply to the following categories of works and phonograms which are copyright protected and which have been first published in a Member State or, in the absence of publication, which have been broadcast for the first time in a Member State:a) the works in the form of books, journals, newspapers, magazines or other writings to be found in the collections of public libraries, educational institutions or museums accessible to the public, as well as in the collections of the archives or cinematographic or sound heritage institutions;b) the cinematographic, audiovisual works and phonograms in the collections of libraries, educational institutions or museums accessible to the public, as well as in the collections of the archives or cinematographic or sound heritage institutions;c) the cinematographic and audiovisual works and phonograms produced by the public service broadcasting organisations before the 31st of December 2002 inclusive, stored in their archives;d) the works and phonograms provided under letters a) – c), which have never been published or disseminated but which have been made available to the public by the institutions referred to in article 123 paragraph (1), with the consent of the copyright holders, only if reasonable to suppose that the copyright holders would not oppose the uses provided in article 123;e) the works and other protected subject-matter that are integrated or incorporated in the works or phonograms provided under letters a) – d) or which form an integral part of the works or phonograms in question.(3) When the copyright holder is subsequently identified or located, the work or phonogram concerned shall cease its orphan status.(4) When a work or a phonogram has multiple copyright holders and not all of them are identified or, even if identified, are not located after a diligent search and are not registered in accordance with the provisions of article 125, such work or phonogram may be used in accordance with the provisions of articles 14 and 20, provided that those right-holders who have been identified and located have authorized, in relation to their rights, the institutions referred to in article 123 paragraph (1) to carry out the reproduction and make it available to the public.(5) The provisions of paragraph (1) do not prejudice the rights upon the work or phonogram the holders of which have been identified and located.(6) The provisions regarding the orphan works do not apply to anonymous or pseudonymous works.

Article 123(1) The use of orphan works or phonograms by the libraries, educational institutions and museums accessible to the public, as well as by the archives, cinematographic or phonographic heritage institutions and by public service broadcasters in order to achieve the objectives related to their public interest missions, can be achieved by:a) making available to the public, within the meaning of article 20;b) reproduction, within the meaning of article 14, for digitization, making available, indexing, cataloging, preservation or restoration.(2) The institutions referred to in paragraph (1) may use an orphan work only for the purpose of achieving the objectives of their public interest missions, in particular for the preservation of the works and phonograms in their collections, their restoration


Law no. 8/1996 on copyright and neighboring rights 2020 and the provision of cultural and educational access to them. These organisations may derive income from the use of orphan works for the sole purpose of covering the costs of digitization and for making them available to the public.(3) The institutions referred to in paragraph (1) have the obligation to specify the names of identified authors and of other copyright holders in all uses of an orphan work.(4) The provisions of the present law do not affect the contractual freedom of the institutions referred to in paragraph (1) as regards the exercise of their public interest tasks, in particular as regards public-private partnership agreements.(5) The copyright holders, who terminate the orphan status of their works or phonograms, shall receive fair compensation for the use of such works or phonograms by the institutions referred to in paragraph (1), according to the law.(6) The fair compensation provided for in paragraph (5) is determined by the number of copies / reproductions made after such work or phonogram.

Article 124(1) In order to establish the status of orphan work, the institutions referred to in article 123 paragraph (1) shall ensure that a diligent and bona fide search is made for each individual work or phonogram by consulting the appropriate sources for each category of work or phonogram concerned. (2) The diligent search shall be made before the use of the work or phonogram. (3) Where there are indications that relevant information on copyright holders in other countries may be found, it shall also consult the sources of information available from those countries. (4) The sources provided for in paragraph (1) shall be established by decision of the General Manager of the Romanian Copyright Office, published in the Official Gazette of Romania, Part I, after consultation with the copyright holders and the users, for each category of works or phonograms. (5) In the case of published books, the sources shall include the following: a) the legal storehouse, the catalogs in libraries, the authority files held by libraries and by other institutions; b) the associations of publishers and authors in that country; c) the existing databases and registers, WATCH (Writers Artists and their Copyright Holders), ISBN (International Standard Book Number) and printed Book Databases; d) the databases of the relevant collective management organisations, in particular of the organisations representing the reproduction rights; e) the sources integrating multiple databases and registers, including VIAF (Virtual International Authorities) and ARROW (Accessible Registers of Rights Information and Orphan Works). (6) In the case of newspapers, magazines, journals and periodicals, the sources shall include the following: a) the ISSN (International Standard Serial Number) for serial publications;b) the indexes and catalogs belonging to libraries' supplies and collections; c) the legal storehouse;d) associations of publishers, authors and journalists in that country; e) the databases of the relevant management organisations, including the organisations representing the reproduction rights.


Law no. 8/1996 on copyright and neighboring rights 2020 (7) In the case of visual works, namely those in the categories of the plastic arts, photography, illustrations, design and architecture, as well as in the case of sketches of such works and of other such works that appear in the books, journals, newspapers and magazines, or in the case of other works, the sources include the following: a) the sources stipulated in paragraphs (5) and (6); b) the databases of the relevant collective management organisations, in particular in the case of visual arts, including reproductive rights representative bodies; c) the databases of image agencies, if applicable. (8) In the case of audiovisual works and phonograms, the sources include the following: a) the legal storehouse;b) the associations of producers in that country; c) the databases of cinematographic or sound heritage institutions, as appropriate, and of national libraries; d) the databases of relevant standards and identifiers, such as ISAN (International Standard Audiovisual Number) for the audiovisual material, ISWC (International Standard Music Work Code) for the musical works, and ISRC (International Standard Recording Code) for the phonograms; e) the databases of relevant collective management organisations, in particular for authors, performers, phonogram producers and audiovisual producers; f) the credits and other information on the packaging of the works; g) the databases of relevant associations representing a specific category of right-holders. (9) A diligent search shall be made in the Member State in which the work was first published or, in the absence of publication, in the Member State in which the work was first broadcast, except for the cinematographic or audiovisual works of which the producer has its headquarters or habitual residence in a Member State, in which case the diligent search takes place in the Member State where the producer has its habitual headquarters or habitual residence. In this case, a diligent search shall be carried out in the Member State where the organisation which made the work or phonogram available to the public with the consent of the copyright holder. (10) The institutions referred to in article 123 paragraph (1) keep records of their diligent search and provide the following information to the competent national authority, namely to the Romanian Copyright Office::a) the results of the diligent searches they have carried out which have led to the conclusion that a work or phonogram is considered an orphan work; b) the use of orphan works;c) any changes in the orphan status; d) the contact details.

Article 125The Romanian Copyright Office shall take the necessary measures to ensure that the information provided in article 124 paragraph (10), received from the institutions referred to in article 123 paragraph (1), shall be communicated to the Office for Harmonization in the Internal Market in order to be registered in the single online database, accessible to the public, created and managed by them, in accordance with the provisions of the EU Regulation No. 386/2012 of the European Parliament and of


Law no. 8/1996 on copyright and neighboring rights 2020 the Council issued on the 19th of April 2012, concerning the assignment by the Office for Harmonization in the Internal Market (Trade Marks and Industrial Designs) of tasks relating to the enforcement of intellectual property rights, including the reunification of representatives of the public and private sectors within the European Observatory on Intellectual Property Rights Infringments.

Article 126(1) When a work or phonogram is considered as an orphan work in another Member State of the European Union, according to article 122, then it is considered an orphan on the territory of Romania and may be used and accessed in accordance with this law.

(2) This provision shall also apply to the works and phonograms provided under article 122 paragraph (4) as far as the rights of unidentified or non-licensed copyright holders are concerned.

Article 127Nothing in this Law relating to orphan works shall affect the provisions on patents, trademarks, industrial designs, utility models, semiconductor topography, typographic characters, conditional access, the access to broadcasting of the services or cable television, the protection of national treasures, the legal storing requirements, the restrictive practices and unfair competition, trade secrets, security, confidentiality, the data protection and respect for privacy, the access to public documents, contractual law, freedom of the press and freedom of expression in the media.

Article 128The copyright holder of a work or phonogram considered to be an orphan work has the ability at all times to end the orphan status.

CHAPTER VI: Radio and Television Broadcasting Organisations SECTION I: The rights of Radio and Television Broadcasting Organisations

Article 129Radio and television broadcasting organisations have the exclusive patrimonial right to authorize and prohibit the following, with the obligation for the authorized person to mention the names of such organisations:(a) the fixation of their own radio and television shows and broadcasting programs or services;(b) the reproduction by any means and in any format of their own radio and television shows and broadcasting programs, whether or not they have been transmitted by wire or wireless, including cable or satellite, on any carrier (support);c) the distribution of their own radio and television shows and broadcasting programs or services fixed on any type of carrier;(d) the import, for the purpose of commercialization on the internal market, of their own radio and television shows and broadcasting programs or services fixed on any type of carrier;


Law no. 8/1996 on copyright and neighboring rights 2020 e) the retransmission or recast of their own shows and broadcasting programs or services by wireless, wire, cable, satellite or any other similar means, as well as by any other means of communication to the public, including retransmission on the Internet;f) the public communication of their own radio or television shows and broadcasting programs or services in places accessible to the public, based on access payment (at the entry);g) the renting of their own radio and television shows and broadcasting programs or services, fixed on any type of carrier;h) the lending of their own programs and broadcasting programs or programs fixed on any type of carrier;(i) the making available to the public of their own radio and television shows and broadcasting programs or services, whether or not transmitted by wire or wireless, including cable or satellite, so that they can be accessed in any place and at any time individually chosen by the public.

Article 130(1) For the purposes of this law, recast means the simultaneous broadcasting by a broadcasting organisation of a program of another broadcasting organisation.

(2) The definitions in articles 14 to 18, article 20 paragraph (1), articles 21, 22 and 98 paragraph (2) shall apply by analogy to the rights provided for in article 129.

Article 131(1) The radio and television broadcasting organisations shall have the exclusive right to prevent the import of copies of their own radio or television programs made without their authorization and fixed on any type of carrier. (2) The provisions of article 129 letter d) do not apply when the importation is made by a natural person, for no commercial purposes, in his or her legally admitted personal luggage.

Article 132The duration of the rights provided for in this Chapter shall be of 50 years as of the 1 st

of January of the year following that in which the first broadcast of the show or of the program services provided by the radio or television broadcasting organisation took place.

Article 133The right to distribute a radio or television program, fixed on any carrier, shall be exhausted with the first sale or the first transfer of ownership of the original or its copies on the domestic market by the right-holder or with his/her consent.

Article 134The provisions of articles 35, 36 and 38 shall apply, by analogy, also to radio and television broadcasting organisations.


Law no. 8/1996 on copyright and neighboring rights 2020 SECTION II: Public communication via satellite

Article 135(1) The radio and television broadcasting organisations, having as their object of activity the public communication of satellite programs, shall carry out their activity in compliance with the copyright and neighbouring rights protected by this law.(2) For the purposes of this law, the public communication via satellite means the introduction, under the control and responsibility of a radio or television broadcasting organisation located on the territory of Romania, of the signals carrying programs intended for the capture by the public in an uninterrupted chain of communication that leads to the satellite and returns to Earth.(3) For the purposes of this law, satellite means any satellite operating on the frequency band reserved under the telecommunication legislation for the broadcasting of signals intended for public reception or for private individual communication, in the latter case it is nevertheless necessary that individual reception be carried out under conditions comparable to those in the former case.

Article 136(1) When broadcasting signals or program services signals are broadcast in a coded form, their introduction into the communication chain shall be considered as a public communication if the broadcast decoding device is made available to the public by that organisation, or with its consent.(2) The responsibility of the public communication, if the carrying signals are transmitted by an organisation located outside Romania or in a state which is not a member of the European Union and which does not ensure the level of protection provided by the present law, is provided as follows:a) if the signals are transmitted to the satellite via an ascendant connection station, the responsibility lies with the person who uses such station, while being located on the territory of Romania or of a Member State of the European Union;b) if an ascendant connection station is not used, but the communication to the public has been authorized by an organisation having its headquarters in Romania or in the territory of a Member State of the European Union, the responsibility lies with the organisation which has authorized it.

Article 137(1) Copyright holders may assign their rights for the public communication via satellite to a radio or television organisation only by means of a contract concluded either through a collective management organisation, or individually.(2) A framework contract concluded between a collective management organisation and a broadcasting organisation for the public communication via satellite of a category of works belonging to a specific domain, may have its effects extended to right-holders who are not represented by collective management organisation, if such communication to the public by satellite takes place simultaneously with terrestrial broadcasting by the same transmitting organisation. The unrepresented right-holder may at any time remove the effects of the extended framework contract by an individual or collective agreement.(3) The provisions of paragraph (2) shall not apply to audiovisual works.



SECTION III: Cable retransmission

Article 138(1) Copyright holders or neighbouring right-holders may exercise their rights to authorize or prohibit cable retransmission only through a collective management organisation.(2) The amount of remuneration for copyright and neighboring rights shall be determined by a methodology negotiated between the collective management organisations of copyright and neighboring rights and the associative structures of the cable providers, according to the procedures provided in articles 163 and 164, excluding from the calculation the programs which cable retransmission is mandatory under the law.(3) If the parties cannot establish methodologies by negotiation before initiating the arbitration procedure provided for by article 165 paragraph (3), they may agree to use an optional mediation procedure. This mediation is carried out by one or more mediators, chosen by the parties, in such a way that their independence and impartiality cannot be called into question. Mediators have the task of supporting the negotiations and may notify a proposal to the parties.(4) Within 3 months of the submission of the proposal by the mediators, the parties shall notify the mediators and the Romanian Copyright Office about rejecting or accepting the proposal by signing the protocol on methodologies. Notification of the proposal as well as its acceptance or rejection shall be in accordance with the rules applicable to the notification of legal acts. Acceptance by all parties is presumed if none of them has notified the rejection of the proposal within this deadline.(5) If some right-holders have not entrusted the management of their rights to a collective management organisation, the organisation which manages the rights for the same category is rightfully considered to be the manager of their rights as well. If there are several collective management organisations in the same field, the right-holder may choose between them. Claims for these rights may be submitted within 3 years as of the date of notification.Article 139The provisions of article 138 paragraph (1) shall not apply to the rights of the radio or television broadcasters in respect of their own shows and program services, regardless of whether the rights in question belong to or have been assigned to them by other copyright holders or rneighbouring rights holders. In this case, the exercise of the cable retransmission right by a radio or television broadcaster is done through contracts concluded with the cable providers, except when cable retransmission is mandatory by law.

CHAPTER VII: Sui-generis rights of database manufacturers

Article 140(1) The provisions of this Chapter concern the legal protection of databases in any form whatsoever.(2) For the purposes of this law, a database shall mean a collection of works, data or other independent elements, whether or not protected by copyright or neighbouring


Law no. 8/1996 on copyright and neighboring rights 2020 rights, arranged in a systematic or methodical manner and individually accessible by electronic means or by other means.(3) The protection provided for in this Chapter shall not apply to the computer programs used in the manufacture or operation of the 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 to obtain, verify or present the contents of a database.

Article 141(1) The manufacturer of a database shall have the exclusive right to authorize and prohibit the extraction and/or re-use of all or a substantial part thereof, whether qualitatively or quantitatively determined.(2) For the purposes of this law, the following definitions are for:a) the extraction: the permanent or temporary transfer of all or a substantial part, qualitatively or quantitatively determined, of the contents of the database to another carrier, by any means or in any format;b) the re-use: means any form of making available to the public all or a substantial part of the contents of the database, whether qualitatively or quantitatively determined, through the distribution of copies, rental or otherwise, including by the making available to the public of the contents of the database, so that anyone can access it in the place and at the time chosen individually. The first domestic sale of a copy of the database by the sui-generis right-holder or with his/her/its consent exhausts the right to control the resale of this copy.(3) The public lending of a database is neither an act of extraction nor of re-use.(4) The right provided for in paragraph (1) applies independently of the possibility of protecting the database or its contents by copyright or by other rights. The protection of the databases by the right provided for in paragraph (1) does not prejudice the existing rights regarding their contents.(5) It is not allowed to extract or reuse, repeatedly and systematically, non-substantial parts of the contents of the database if it would imply acts contrary to the normal use of that database or would cause an unjustified damage to the legitimate interests of the database manufacturer.

Article 142(1) A manufacturer of a database which is made available to the public in any way may not prevent its legitimate use by the extraction or re-use of non-substantial parts of its contents, whatever the purpose of the use. If the legitimate user is authorized to extract or reuse only a part of the database, the provisions of this paragraph apply to this part.(2) The legitimate user of a database which is made available to the public in any way may not act in conflict with the normal use of that database or which unreasonably prejudice the 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 cause prejudice to copyright holders or neighbouring rights holders relating to works or services contained in that database.


Law no. 8/1996 on copyright and neighboring rights 2020 (4) A legitimate user of a database which is made available to the public by any way may, without the authorization of the database manufacturer, extract or re-use a substantial part of its contents:a) when the extraction is made for the private use of the contents of a non-electronic database;b) when the extraction is for the purpose of using it for education or scientific research, provided that the source is indicated and to the extent justified by the intended non-commercial purpose;c) when the extraction or re-use is carried out in order to protect the public order and national security or within certain administrative or judicial proceedings.d) if any act of reproduction, distribution, transformation, extraction or re-use is made for the purpose of the provisions of article 351.(5) The legitimate user of a database or part of a database may, without the consent of its author, carry out any act of reproduction, distribution, public communication or transformation necessary for the normal use and access to the database, or to some part of it.

Article 143(1) The rights of the manufacturer of the database shall be created once the database has been completed. Duration of the protection is of 15 years, starting with the 1 st of January 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 of time provided for in paragraph (1), the protection duration shall be calculated from the 1st of January of the year immediately following that in which the database was first made available to the public.(3) Any substantial change, qualitatively or quantitatively determined, of the contents of a database, in particular consisting of successive additions, suppressions or changes and for which a substantial new investment, qualitatively or quantitatively determined, may be considered, allows the assignment of a specific protection period for the database resulting from this investment.

TITLE III: Management and protection of the copyright and of the neighbouring rights CHAPTER I: Management of the patrimonial copyrights and of the neighbouring rights SECTION I: General provisions

Article 144(1) The author or the copyright holder or the neighbouring rights holder exercises individually or collectively the rights acknowledged by this law, in compliance with the provisions of the present law.(2) The collective management of copyright can only be carried out for the works previously brought to the attention of the public, and the collective management of neighbouring rights can only be carried out for the previously broadcasted or fixed performances or executions, as well as for the phonograms or videograms previously brought to the attention of the public.


Law no. 8/1996 on copyright and neighboring rights 2020 (3) The copyright holders or neighbouring rights holders may not assign their patrimonial rights acknowledged by this law to collective management organisations.(4) The author or the copyright holder or the neighbouring rights holder has the following rights which are mandatory in the statutes of the collective management organisations:a) to choose for which rights, categories of rights or types of works, other protected subject-matter or territories, authorizes, by a written mandate, a collective management organisation for their management, irrespective of their nationality, place of residence or location of the collective management organisation or of the right-holder;b) to grant licenses for non-commercial uses of any rights, categories of rights or types of works and other protected subject-matter;c) to revoke the management mandate or to withdraw from the collective management organisation any rights, categories of rights, types of works or other protected subject-matter, of his/her choice, based on a reasonable prior notice not exceeding 6 months;d) to receive the remuneration due to the exploitation acts that took place before the entry into force of the revocation or of the limitation of the management mandate.(5) The collective management organisations may not restrict the exercise of the rights provided in paragraph (4) by imposing the condition that the management of the rights, categories of rights or types of works or of other protected subject-matter, which are subject to revocation or withdrawal, be entrusted to another collective management organisation.(6) When authorizing a collective management organisation, the authors or rightholders give their written consent for each right, category of rights or type of works and for other protected subject-matter.(7) The authors or right-holders who are not members of a collective management organisation but have a direct legal connection with one, either by law, assignment, license, or by another type of contract than a mandate, have the following rights:a) to communicate, including by electronic means, with the collective management organisation, for the purpose of exercising the rights for which exploitation he/she is entitled to receive remuneration;b) to be informed about the works, types of works or other protected subject-matter, about the rights it manages directly or by representation agreements, and about the covered territories;c) to receive a written, justified and prompt reply to the complaints concerning the rights’ management authorization and their revocation or withdrawal, the collection, distribution and payment of remuneration, the deductions applied including in the case of online rights over the musical works, according to the procedures established at the level of the collective management organisation.(8) The collective management organisation shall inform the authors or right-holders in respect of the rights provided for in paragraphs (4) and (7), as well as of the conditions related to the right provided in paragraph (4) letter (b) before obtaining their consent to the management of any right, any kind of rights or any type of work or other protected subject-matter.



Article 145(1) The collective management is mandatory for the exercise of the following rights:a) the right to compensatory remuneration for the private copy;b) the right to equitable remuneration for the public lending provided under article 18 paragraph (2) ;c) the resale right;d) the right to radio broadcast the musical works;e) the right of public communication of musical works, except for the public projection of the cinematographic works; [the text of Article 145, paragraph (1) letter E of Title III, Chapter I, Section I, was repealed on the 14th of January, 2019 by the Article 1 paragraph (4) of Law 15/2019]f) the right to fair remuneration granted to performers and phonogram producers for the public communication and radio broadcasting of the phonograms published for commercial purposes or of reproductions thereof;g) the right to cable retransmission;h) the right to fair compensation for orphan works;i) the right to multi-territory online licensing of the use of musical works [the text of Article 145, paragraph (1) letter I of Title III, Chapter I, Section I, was repealed on the 14th of January, 2019 by the Article 1 paragraph (4) of Law 15/2019](2) For the categories of rights provided in paragraph (1), the collective management organisations also represent the right-holders who have not granted them a mandate.(3) The right of public communication of the musical works is subject to extensive collective management. In this case, the representative collective management organisation also represents the authors and right-holders who have not granted a mandate. The author or right-holder is free to remove the effects of the extended collective management by a 30-day notice submitted to the representative collective management organisation.

Article 146(1) The following rights may be managed collectively:a) the right to reproduce musical works on phonograms or videograms;b) the right of public communication of the works, except for the musical works, and of artistic performances in the audiovisual field;c) the lending right, except for the case provided in article 145 paragraph (1) letter b);d) the right of broadcasting the works and artistic performances in the audiovisual field; d1) the online rights over musical works as provided in article 173;e) the right to fair remuneration resulting from the assignment of the rental right provided for in article 119 paragraph (1) .(2) For the categories of rights provided in paragraph (1) the collective management organisations represent only the right-holders who have granted them a mandate and elaborate methodologies, within the limits of the managed repertoire, if the conditions stipulated in article 162 letter a) are met, or negotiate the license agreements directly with the users. The collective management organisations will allow, at the request of the users, the access by electronic means to the repertoire of managed works, as used by the applicant, in the form provided by article 153 paragraph (2), as well as to


Law no. 8/1996 on copyright and neighboring rights 2020 the list of copyright holders and neighbouring rights holders, both Romanian and foreign, 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) Collective management organisations shall, upon request, authorize the use of intellectual creation works only on the basis of documents certifying the existence of the mandate from the copyright or neighbouring rights holders, except in the case of mandatory collective management.

Article 147The rights acknowledged by this chapter, except as provided in articles 145 and 146, may be managed through collective management organisations only within the limits of the special mandate granted by the right-holders.

Article 148In the individual negotiations on the rights acknowledged by the present law, the existence of collective management organisations does not prevent copyright holders and neighbouring rights holders from contacting intermediaries, specialized natural or legal persons, in order to be represented.

Article 149(1) The authors or right holders may, by contract, entrust the management of their rights to independent management entities.(2) Independent management entities are profit-making legal entities which operate under the legal regulations on companies and which sole or main activity or one of the main activities is the management of copyrights or neighbouring rights.(3) Independent management entities may not be owned or controlled, directly or indirectly, wholly or in part, by the authors or right-holders, and they shall neither be assigned or transferred copyright or neighbouring rights, nor their use.(4) The independent management entities are bound to inform the Romanian Copyright Office about their establishment within 15 days of such event, in order for them to be registered.(5) The audiovisual works producers, the sound and audiovisual recordings producers, the radio and television broadcasting organisations, the publishers, managers or agents shall not operate or act as independent management entities.(6) The independent management entities may conclude representation contracts with the authors or the copyright or neighbouring rights holders, in compliance with the provisions of this law.(7) The independent management entities are authorized to represent the authors or right-holders in relation to the collective management organisations, based on the contracts stipulated in paragraph (6) and within the limits required by this law.(8) The independent management entities have the following obligations:a) to collect the amounts owed by the users and pay them to the authors or right-holders, according to the contractual provisions;b) to provide information to the authors or right-holders regarding their rights’ management;


Law no. 8/1996 on copyright and neighboring rights 2020 c) to provide information to the collective management organisations and to other collecting management entities, upon their request, on the managed repertoire;d) to grant licenses for the use of online rights upon musical works within the limits of the managed repertoire;e) to submit to the Romanian Copyright Office an annual report in the format established by decision of the General Manager of the Romanian Copyright Office;f) to draw up an annual report on the number, manner and timing of complaints’ solving, which it publishes on its own website;g) to ensure for the authors or right-holders, and for the control and supervisory authorities, the access to information regarding any aspect of the activity of collecting the amounts owed by the users and regarding their payment to the authors or right-holders;h) to provide specialized assistance to the authors or right-holders and to represent them, upon their request, in the legal proceedings, within the scope of their activity.(9) The Romanian Copyright Office shall supervise the fulfillment of the obligations stipulated in paragraph (8).

SECTION II: Collective management organisations of copyright and neighbouring rights

Article 150(1) The collective management organisations are, according to this law, the legal entities established by free association, having as sole or main object of activity the management of copyright or neighbouring rights, of categories of rights, type of works or of other protected subject-matter which are entrusted to them by several authors or copyright holders, for their collective benefit.(2) The collective management organisations may not have as object of activity the using of protected repertoire for which they have received a collective management mandate, in the exercise of their mandate, under the provisions of this law; the collective management organisations are not transferred or assigned neither copyrights or neighbouring rights, nor their use.(3) For the purposes of paragraph (1), the collective management of rights, of categories of rights, of types of works or other subject-matter, includes the licensing, monitoring the use of the rights or of the types of works managed, the enforcement of those rights, the collection, distribution and payment of the amounts due to authors or to copyright holders or neighbouring rights holders derived from the remuneration paid for the exploitation of the rights managed or from the investment of the income derived from rights.

Article 151(1) The collective management organisations provided for in this chapter are constituted according to the law, with the permission of the Romanian Copyright Office, and operates under the regulations regarding hte non-profit associations and under this law.(2) These organisations are created directly by the copyright or neighbouring rights holders, as natural or legal persons, and act within the limits of the mandate


Law no. 8/1996 on copyright and neighboring rights 2020 entrusted to them and on the basis of the statutes adopted in accordance with the procedure laid down by law.(3) The collective management organisations may be created separately for the management of distinct categories of rights corresponding to different creative fields, as well as for the management of rights belonging to distinct categories of holders.

Article 152The collective management organisations have the obligation to communicate to the public, by mass media, the following data:a) the categories of right-holders they represent;b) the patrimonial rights they manage;c) the categories of users and the categories of natural and legal persons who/which have the obligation to pay the compensatory remuneration for the private copy to the right-holders;d) the regulatory documents under which they operate and collect the remuneration due to the right-holders;e) the arrangements for collecting and the persons responsible for this activity, at local and central level;f) the work schedule.

Article 153(1) The permit provided for in article 151 paragraph (1) shall be granted to collective management organisations headquartered in Romania which:a) are to be established or are already active according to the legal regulations at the date of entry into force of this law;b) submit to the Romanian Copyright Office the repertoire containing the works, performances, artistic executions, phonograms and videograms belonging to its own members and which repertoire they manage, as well as the contracts concluded for the management of similar rights with the foreign organisations;c) have adopted a statute that fulfills the conditions provided by the present law;d) have the economic capacity of collective management and have the human and material means necessary for managing the repertoire throughout the country;e) allow, under the explicit procedures provided by their own Statute, the access to any copyright or neighbouring rights holders in the field, for which they are established, and wishing to entrust a mandate.(2) The repertoire referred to in paragraph (1) letter b) is filed as a database, protected by law, both in written and electronic format, established by the decision of the general manager, and it contains at least the name of the author, the name of the right-holder, the title of the work, the identification data of the performers, phonograms or videograms.(3) The permit for the establishment and operation of the collective management organisation shall be granted by the decision of the General Manager of the Romanian Copyright Office and shall be published in the Official Gazette of Romania, Part I, at the expense of the collective management organisation.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 154(1) All the members of the collective management organisation have the right to participate and the right to vote in the general assembly of the members.(2) The convening of the general assembly shall be made at least 30 days before the date of the meeting, by publishing the information on the date, the place and the agenda, both on the website and by any other means of mass communication, including by electronic means.(3) If the statutory quorum fails to meet on the date set for the general assembly, the general assembly shall be reconsidered within a maximum of 15 days. The decisions of the reconvened general assembly shall be taken by a simple majority of the members who have voted.(4) The General Assembly shall decide at least on the following matters:a) the general policy for the distribution of the amounts owed to authors or right-holders;b) the general policy for the use of non-distributable amounts;c) the general investment policy regarding the income from rights and any income derived from investing the income from rights;d) the general policy on deductions from income from rights and from any income derived from investing income from rights;e) the risk management policy;f) the approval of any acquisition, sale or mortgaging of immovable property;g) the approval of mergers and alliances, the establishment of subsidiaries, acquisitions of other entities or of shares or rights in other entities;h) to approve proposals for contracting loans, granting loans or providing guarantees for loans;i) the approval of the annual report;j) the approval of salaries or payments due to the General Manager, the members of the Board of Directors and the members of the internal committees.(5) The General Assembly may, by decision, delegate to the body that exercises the supervisory function the competences stipulated in paragraph (4) letters e) – h).

Article 155(1) The collective management organisation has the obligation to ensure the participation in and the expression of the vote for all its members in the general assembly.(2) Each member of the collective management organisation shall have the right to designate, by power of attorney, another person or entity to attend and vote on his/her behalf in the general assembly, provided that such designation does not lead to a conflict of interest.(3) The conditions for the participation and the instructions for exercising the vote are expressly stipulated in the power of attorney, which is valid for a single general assembly.(4) At the General Assembly, the representative shall enjoy the same rights as the member who has appointed him.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 156(1) The annual report shall be drawn up within a maximum of 8 months from the end of the financial year of the preceding year.(2) The annual report shall be published on the website of the collective management organisation, where it shall remain available to the public for a minimum of five years and shall contain at least the following information:a) the balance sheet, the income and expense account and the cash flow statement;b) a report of the activities of the financial year;c) information on the denials of licensing, according to the provisions of article 162 letter b);d) the list of central and local management bodies, the components of the internal committees and the list of local representatives;e) information on the total value of the mounts paid to the General Manager, to the members of the Board of Directors and to the members of their internal committees and also other benefits granted to them;f) information on the remuneration collected, separated by categories of managed rights and by type of use; g) financial information on the fee charged to authors or right-holders in order to cover the costs of collecting, distributing and paying the remuneration, containing at least the real cost data separated by category of managed rights, and, where the costs are indirect and cannot be attributed to one or more categories of managed rights, justifications in respect thereof, including the proceeds of the investment, the placements and the bank deposits of the fee;h) financial information on the total amount distributed and on the total amount paid to the authors or right-holders, separated by category of managed rights and by types of use, including the dates at which payments were made, separated by collection / distribution periods;i) financial information on the total amount collected and undistributed, as well as on the total amount distributed and unpaid to the right-holders, separated by category of managed rights and by type of use, indicating the periods during which those amounts were collected, the reason for delays and how the amounts were highlighted; j) financial information on the amounts that cannot be distributed, and on how they are used;k) financial information regarding the amounts received from other collective management organisations with which they have legal relations as provided by the present law, as well as the management fees and other deductions from these amounts, separated by categories of rights, by types of uses and on collective management organisations;l) financial information regarding the amounts collected, distributed and paid to the other collective management organisations with which they have legal relations as provided by the present law, as well as the management fees and other deductions from these amounts, separated by categories of rights, by types of uses and on collective management organisations, indicating the collection / distribution period;m) financial information on the amounts collected, distributed and paid directly to the authors or right-holders, separated by categories of rights, by type of use, indicating the collection / distribution period;


Law no. 8/1996 on copyright and neighboring rights 2020 n) a special report, where appropriate, on the amounts retained for the purpose of providing social, cultural and educational services, separated by category of managed rights and by type of use, and on how they are used. (3) The amounts stipulated in paragraph (2) relating to the fee and to other deductions is presented both in value and percentage, as compared to the remuneration collected in the financial year in question, separated by category of rights.(4) The accounting and financial information presented in the report shall be verified by the body performing the supervisory function at least 30 days prior to the annual general assembly and the report, including the reservations expressed therein, shall be reproduced in full in the report.

Article 157(1) The statutes of the collective management organisation shall include at least the following provisions:a) the conditions of accession and the cases of denial to grant membership;b) the conditions under which the rights of authors or copyright holders are managed on the basis of the principle of equal treatment;c) the manner of revoking the management mandate, withdrawing any rights, categories of rights, types of works or other protected subject-matter, and the date when the revocation or withdrawal takes effect;d) the rights and obligations of the members in relation with the collective management organisation;e) the method of determining and paying the membership fee and the contributions, if these are provided for as incumbent on the members;(f) the method of determining the amounts to be distributed to members and the rules applicable to the distribution of the remuneration collected in proportion to the real use of the author's or the rights-holder's repertoire, as well as those applicable to the rights collected for which actual use cannot be determined;g) the minimum level at which the payment can be made if the amounts distributed are lower than the management costs;h) the rules on the treatment of the amounts that could not be distributed or not claimed;i) the rules on how to determine the methodologies to be negotiated with the users, including the representation in the negotiations;j) the ways of determining the fee due by the authors or the right-holders, to cover the expenses necessary for the operation;k) the methods for checking up of the economic and financial management by the members;(l) the general rules on the use of the income derived from rights and of the income from investing the income derived from rights;m) provisions regarding the exercise of the supervisory function;n) provisions regarding the appointment and dismissal of the management bodies.(2) Any proposal for the amendment of the Statutes shall be submitted to the Romanian Copyright Office two months prior to the general assembly of the collective management organisation within which the amendment is to be subject to approval.


Law no. 8/1996 on copyright and neighboring rights 2020 (3) The Romanian Copyright Office issues the permit provided for in paragraph (2) within 10 business days of the request. If the opinion (permit) bears a negative response, the same must be justified.(4) Within 10 days from the date of the general assembly during which the amendment was approved, the collective management organisation shall be required to file the amendment of Statutes, the permit and the decision of the general assembly to the Court, in order to register the the amendment.(5) The final judgments regarding the registration of the amendments to the Statutes shall be submitted to the Romanian Copyright Office within 5 days from the communication date.(6) Any amendment in the Statutes, made and registered at the Court without the approval of the Romanian Copyright Office, shall be null and void.

Article 158(1) The collective management mandate shall be granted directly, by written agreement, by the author or the copyright or related rights holder. (2) The exercise of collective management entrusted by the mandate agreement may not in any way restrict the patrimonial rights of the author or right-holder.(3) The author, the copyright holder, an independent management entity or other collective management organisations and associations of authors or right-holders who/which meet the conditions of accession provided for in the Statutes may be a member of a collective management organisation. (4) The said organisation is bound to accept the management of these rights on the basis of the collective management within the limits of its object of activity.(5) The collective management organisation may refuse to grant membership if the holder:a) does not prove the alleged rights;b) does not submit a repertoire of works, performances and executions, phonograms, videograms and other protected subject-matter;c) does not indicate what patrimonial rights, types of works or other protected subject-matter chooses to be managed by the collective management organisation;d) is a member of another collective management organisation for the same rights over the same works, performances and artistic executions, phonograms, videograms and other protected subject-matter for which they request management;e) formerly lost the membership of the collective management organisation through exclusion;f) has been convicted, by a final decision, to a fine or imprisonment, for offenses under intellectual property law.(6) If the situation stipulated in paragraph (5) letter f) occurs after accession, the collective management organisation may decide to maintain or to terminate the membership.(7) The Statutes of the collective management organisations may include other grounds for refusal of membership, provided that they are objective, transparent and non-discriminatory. The refusal to grant membership shall be justified in writing.(8) Membership of a collective management organisation shall not be inherited.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 159(1) In the case of compulsory collective management, if an author or a copyright holder is not associated with any collective management organisation, competence lies with the organisation having the largest number of members, designated as such by the Romanian Copyright Office through the decision of the General Manager.(2) If the amounts owed to the authors or right-holders cannot be distributed because they could not be identified or located and the exception from this deadline does not apply, these amounts shall be entered separately in the accounts of the collective management organisation.(3) The claim of the amounts provided for in paragraph (2) by authors or right-holders may be submitted within 3 years from the date of notification.(4) The unpaid or unclaimed amounts shall be notified both in writing and electronically, including on the website of the collective management organisation, within 3 months of the end of the financial year in which they were collected and shall contain the following information, if known:a) the title of the work or of the protected subject-matter;b) the identification details of performers, phonograms or videograms;c) the name of the publisher or producer concerned;d) any other information that could facilitate the identification of the right-holder.(5) In order to identify and locate the authors or right-holders, the collective management organisation shall, within 3 months from the date of distribution, make available the information on the works and other protected subject-matter to:a) the members they represent or to the entities representing the right-holders;b) the collective management organisations in that field, as well as to those with which it has entered into representation agreements, as the case may be;c) to the public, on their own website.(6) In order to identify and locate the authors or right-holders, the collective management organisation has the obligation to verify all records to which it has access.

Article 160(1) The rights, duties, responsibilities and incompatibilities of the General Manager, the members of the Board of Directors and the members of the other Committees operating within the collective management organisation shall be determined by Statute. The General Manager is a member of the Board of Directors and chairs its meetings.(2) The members of the collective management organisations shall not be entitled to remuneration for the held positions, other than those stipulated in paragraph (1).(3) The General Manager and the members of the Board of Directors have the obligation to complete and submit to the General Assembly an annual individual statement, in compliance with the legal provisions on the protection of personal data, containing the following information:a) any interests in the collective management organisation;b) any amount received from the collective management organisation during the previous financial year, including in the form of wages, compensatory payments or other pecuniary and non-pecuniary benefits;


Law no. 8/1996 on copyright and neighboring rights 2020 c) any amount received from the collective management organisation during the previous financial year as author or right-holder;d) any existing or potential conflict between the personal interests and those of the collective management organiyation or between the obligations towards the collective management organisation and the duties towards another natural or legal person.(4) The General Manager may not hold other functions, either remunerated or not, as follows:a) within another collective management organisation;b) within an independent management entity;c) as a member of a group of economic interest in the management area of the management organisation.(5) The statement provided for in paragraph (3) shall be submitted to the general assembly and entered in a special register.(6) The format of the statement provided for in paragraph (3) shall be established by the decision of the General Manager of the Romanian Copyright Office.

Article 161(1) For the purpose of the permanent supervision and monitoring of the activity of the collective management organisation, of the General Manager and of the Board of Directors, a supervisory body consisting of an odd number of members functions at the level of each collective management organisation.(2) Within the supervisory body, the representation of the various categories of members of the collective management organisation must be fair and balanced.(3) Each member of the supervisory body has the obligation to fill in the statement provided for in article 160 paragraph (3), within 10 days of appointment.(4) The supervisory body meets regularly and has at least the following attributions: a) the exercise of the powers delegated to it by the general assembly, according to article 154 paragraph (5)b) the monitoring of the activity and fulfillment of the obligations by the General Manager and the Board of Directors, including the implementation of the decisions of the general assembly, especially of the policies stipulated in article 154 paragraph (4) letter d);c) any other duties provided by the Statute.(5) The Supervisory Body draws up an annual report on its activity, presents it to the General Assembly and communicates it to the Romanian Copyright Office.

SECTION III: Operation of the collectiv management organisations

Article 162Collective management organisations have the following rights and obligations:a) to act in the interests of the members they represent and not impose obligations which are not objectively necessary for the protection of their rights and interests or for the effective management of their rights;b) to grant non-exclusive licenses to users, against remuneration, upon their request expressed before the use of the protected repertoire. Collective management organisations shall respond within maximum 10 days to their request, indicating any other information necessary for the granting of the license. If the collective


Law no. 8/1996 on copyright and neighboring rights 2020 management organisation does not intend to grant a non-exclusive license for a particular service, it will justify the refusal in writing;c) to develop methodologies for the fields of activity, including the patrimonial rights due, which must be negotiated with the users in order to pay these rights, if the exploitation manner renders impossible the individual authorization by the authors or the right-holders;d) to conclude, in the name of the members who have given them a mandate or on the basis of conventions concluded with similar organisations from abroad, general contracts with the show organizers, with the users performing public communication activities, with the radio and television broadcasting organisations or with cable services providers, having as their subject-matter the authorization to use the protected repertoire;e) to collect the amounts owed by the users and to take all necessary steps to distribute and pay them as soon as possible to its members or to other collective management organisations, including under representation agreements, according to the statutes;f) to ask users or their intermediaries to provide, in writing and electronically, within 10 days of the request, the information and documents required to determine the amount of remuneration as well as the information on the works used, all stamped and signed by the legal representative;f) to ask users or their intermediaries to provide, in writing and electronically, within 30 days of the request, the information and documents required to determine the amount of remuneration, as well as the information on the works used, stamped and signed by the legal representative;g) to provide an equal treatment to the members, including to authors or right-holders whose rights they manage under a representation agreement, in respect of the management fee and of the rules on the collection, distribution and payment of remuneration;h) to keep up to date the databases containing the list of members and their repertoires;i) to provide its members, without discrimination, with access to information on any aspect of the activity of collecting the amounts owed by users and distribution thereof;j) to perform any other activity, according to the special mandate received from its members, within the scope of its activity;k) to provide the control and surveillance authorities with access to information on the activity of collecting and distributing the remuneration;l) to ensure the transparency of the collective management activity in relations with its members, the public authorities and the users;m) to ensure the correspondence with the members, users and collective management organizations with which it has concluded representation agreements, by any means, including by electronic means;n) to protect the interests of members regarding the management of the rights due, as a result of the use of their repertoire outside the territory of Romania, by concluding written representation agreements with similar organisations from abroad; o) to provide specialized assistance to its members and to represent them in legal proceedings, within the scope of their activity;


Law no. 8/1996 on copyright and neighboring rights 2020 p) to present current, accurate and complete data and information in the computer system that they have, in order to organize the recording and simplification of payment of the remuneration from copyright and neighbouring rights by the users, as well as the distribution of collected remuneration. The information in the information system of the collective management organisations is established by a decision of the General Manager of the Romanian Copyright Office;q) to respond in writing as soon as possible to complaints, in particular as regards the management of rights, the revocation of the mandate or the withdrawal of rights, the conditions for membership, the collection of the amounts due to the authors or right-holders, their retention and distribution;r) to keep separate in its accounts the income deriving from or derived from the investment of such rights, as well as any assets it may own and any income arising from such assets, management fees or other activities;s) to conclude representation contracts or agreements, mandating another collecting organisation to manage the rights they represent. Article 163(1) In order to initiate procedures for the negotiation of methodologies, the collective management organisations, the users or the associative structures of the users provided for in paragraph (3) letters b) and c) must submit a request to the Romanian Copyright Office, together with the list of proposed parts for negotiation and their identification elements, the proposed methodologies to be negotiated, as well as the proof of their notification for the negotiation. Failure to submit the list or the submission of an incomplete list, as well as the lack of proof of the notification, lead to the rejection of the request to initiate the negotiation procedures.(2) The methodologies shall be negotiated within a committee established by the decision of the General Manager of the Romanian Copyright Office, issued within 15 days from the receipt of the request for initiation of the negotiation procedures. The decision of the General Manager of the Romanian Copyright Office shall be published in the Official Gazette of Romania, Part I, at the expense of the requesting entity.(3) The Committee for the negotiation of methodologies shall consist of:a) one representative of each collective management organisation, working for each creative area and for a category of rights;b) one representative of the representative associative structures of the users at national level and one representative of the first 3 major users, based on the turnover, provided that they are declared at the Romanian Copyright Office, on their own liability. The public institutions, including public radio and television broadcasters, which are part of the negotiation committee, are exempt from the turnover statement;c) one representative of the representative associative structures of the users at local level or, in their absence, the representatives of 2 local users notified by the collective management organisations and submitting to the Romanian Copyright Office the agreement for participation in the respective committee.(4) Depending on the proposal received for issuing the decision to set up the negotiating committee, the Romanian Copyright Office may convene and designate in the negotiating committee any entity having a legitimate interest.


Law no. 8/1996 on copyright and neighboring rights 2020 (5) The decision to designate the negotiating committee shall be communicated to the parties by registered letter together with the proposal of methodologies submitted by the requesting entity.

Article 164(1) The methodology is negotiated by the collective management organisations with the representatives provided for in article 163 paragraph (3) letters (b) and (c), taking into account the following main criteria:a) the category of rights holders, types of works and other protected objects and the field for which negotiations are held;b) the category of users represented in the negotiations by the associative structures or the other users designated to negotiate;c) the repertoire managed by the collective management organisation for its own members as well as for the members of other similar foreign organisations based on reciprocal agreements;d) the proportion of the use of the repertoire managed by a collective management organisation;e) the proportion of the uses for which the user has fulfilled payment obligations through direct contracts with right-holders;f) the revenues obtained by users from the activity using the repertoire for which use the methodologies are negotiated;g) the European practice regarding the results of the negotiations between users and collective management organisations.(2) The collective management organisations may require during negotiations, from the same category of users, either flat-rate payments or percentage payments established as a percentage of the revenues earned by each user through the activity in which the repertoire is used or, in the absence of income, of the accrued expenses. For broadcasting activity, the collective management organisations may only require percentages-based remuneration, differentiated by direct proportionality to the weight of use by each user - television or radio broadcasting organization, of the repertoire collectively managed in this activity. (3) The remunerations provided for in paragraph (2) must be reasonable in relation to the economic value and share of the use of the rights in question, taking into account the characteristics and scope of the use of works and other subject-matter as well as the economic value of the service provided by the collective management organisation. Collective management organizations and the users justify the way in which these remunerations are set.(4) The flat-rate or percentages remunerations stipulated in paragraph (2) may be required only if and to the extent that works are used for which the protected copyright or neighbouring rights are within the terms of protection prescribed by the law.(5) When the collective management is mandatory according to the provisions of article 145, the methodologies shall be negotiated without taking into account the criteria stipulated in paragraph (1) letters c) and e), the repertoires being considered as extensive repertoires.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 165(1) When the parties cannot establish methodologies by negotiation, they may resort to mediation.(2) Negotiations on methodologies shall be conducted in accordance with the timetable agreed between the two Parties, for a period not exceeding 60 days from the date of establishment of the Committee.(3) The parties' agreement regarding the negotiated methodologies shall be recorded in a protocol filed with the Romanian Copyright Office. The Protocol shall be published in the Official Gazette of Romania, Part I, at the expense of the entity that initiated the negotiation procedure, by decision of the General Manager of the Romanian Copyright Office issued within 10 days from the filing date.(4) There can be subject-matter of mediation the disputes concerning a collective management organisation granting multi-territory licenses for the online rights to musical works such as:a) disputes with an existing or potential online music service provider related to the provisions of article 173 paragraph (4), article 174, article 175 paragraph (1) letters a) – c) and e) and of paragraph (3);b) disputes with one or more right-holders regarding the provisions of article 173 paragraph (4) and articles 174 to 178;c) disputes with another collective management organization regarding the provisions of articles 174 to 177.(5) Within 30 days from the completion of the mediation procedure, the parties have the obligation to notify the Romanian Copyright Office of the obtained result, in compliance with the rules applicable to the notification of legal acts.(6) If the parties have not agreed on the methodology through negotiation or mediation, they may address to the Court within 15 days from the expiry of the deadlines stipulated in paragraphs (2) or (5).(7) The final decision on the methodologies shall be communicated to the parties, to the Romanian Copyright Office, and it is published in the Official Gazette of Romania, Part I, at the expense of the Romanian Copyright Office, by a decision of the General Manager issued within 5 days from the date of submission. The methodologies thus published are binding upon all the users in the field for which they have been negotiated and no discounts can be granted to the payment of the due remuneration other than those provided in the published methodologies.(8) The methodologies negotiated or established according to the provisions of paragraphs (2) to (6) shall not be binding upon the users who are in the process of directly negotiating a license agreement or who have already concluded such negotiations with the collective management organisations at the time of the negotiation procedure for the methodologies.(9) The methodologies established according to the provisions of paragraph (3) are binding upon all the users in the field for whom they have been negotiated and upon all the importers and manufacturers of carriers and equipment for which compensatory remuneration for the private copy is due according to article 114.(10) The clauses of any non-exclusive license contract and of any methodology published in the Official Gazette of Romania, Part I, which are in breach of the competition rules of articles 101 and 102 of the Treaty on the Functioning of the


Law no. 8/1996 on copyright and neighboring rights 2020 European Union, as interpreted by the European Union Court of Justice, are forbidden, in particular those which:a) set and impose unfair remuneration or any other unfair trading conditions for non-exclusive licenses;b) apply unequal remuneration or other unequal conditions to equivalent performances in their relations with the users, thereby creating a competitive disadvantage;c) make the conclusion of non-exclusive licenses subject to acceptance by the users of additional services which, by their nature or in accordance with legal provisions, are not related to the subject-matter of such contracts.

Article 166(1) The collective management organizations, the users or the associative structures of the users provided for in article 163 paragraph (3) letters b) and c) may submit a new request for the initiation of the negotiation procedures for the tariffs and methodologies only after 3 years from the date of their publication in final form in the Official Gazette of Romania, Part I.(2) In the case of the negotiations stipulated in article 114 paragraph (4), either party may submit a new request to initiate procedures for the negotiation of methodologies only after 3 years from the date of their publication in final form in the Official Gazette of Romania, Part I.(3) Until the publication of new methodologies, the old methodologies remain in force.

Article 167The remunerations set as a fixed amount may be changed annually from the first month of the year following that in which the methodologies have been published by the collective management organisation based on the inflation rate established at national level. These amendments shall be submitted with the Romanian Copyright Office, to be published in the Official Gazette of Romania, Part I, at the expense of the collective management organisations, by the decision of the General Manager of the Romanian Copyright Office, issued within five days from the date of submission. The amendments become effective from the next month after the publication.

Article 168(1) The collection of the amounts owed by the users or by other payers shall be made by the collective management organisation whose repertoire is used.(2) When there are several collective management organizations for the same creation field, the beneficiary organisations shall establish by a protocol submitted with the Romanian Copyright Office, with the purpose of publishing in the Official Gazette of Romania, Part I, at their expense, the following:a) the criteria for the allocation of remuneration between the organisations;b) the collective management organisation to be appointed from among them, by the decision of the general manager of the Romanian Copyright Office, as collector in the respective field;c) the way to highlight and justify the expenses related to the actual coverage of collection costs of the collecting management organisation.


Law no. 8/1996 on copyright and neighboring rights 2020 (3) In the case provided for in paragraph (2), if the beneficiary collective management organisations fail to submit to the Romanian Copyright Office the mentioned protocol, within 30 days as of the date of coming into force of the methodologies, the Romanian Copyright Office shall designate among them the collector in the field of the right-holders in question, based on representativeness, by the decision of the General Manager.(4) For the situation referred to in paragraph (3), the sole collector designated by the Romanian Copyright Office can distribute the amounts collected either between the beneficiary organisations or to its own members, only after the submission to the Romanian Copyright Office of a protocol concluded with the beneficiary organisations establishing the criteria on the distribution of the amounts collected. The collection costs in this case are distinctly highlighted and must be substantiated by documents on the actual coverage of the collection costs of the managing organisation which is the collector in the field of the right-holders concerned.(5) Upon the expiration of the 30-day period provided for in paragraph (3), any of the collective management organisations may have recourse to mediation or may address the court.(6) The amounts collected by the collective management organisation, as sole collector, according to the provisions of article 115 paragraph (1), article 138 paragraph (2) *) and paragraphs (1) and (3) of this article shall be shown in distinct analytical accounts.(7) The collective management organisations, which is the sole collector, has the obligation to issue the non-exclusive license in written form on behalf of all the beneficiary collective management organisations and to ensure the transparency of both the collection activities and the related costs in the relations with the beneficiary collective management organisations. They have an obligation to support the collection activity.(8) The provisions of article 169 paragraph (1) letter c) also apply to collective management organisations that are sole collectors.(9) The collective management organisations may agree, through a protocol to be published in the Official Gazette of Romania, Part I, by a decision of the General Manager of the Romanian Copyright Office, the designation of a common collector on a payers’ field, regarding the remunerations due to the categories of right-holders represented by them. Also, the collective management organisations may set up, with the approval of the Romanian Copyright Office, joint collective management organisations for several fields, functioning according to the legal provisions regarding the federations of non-profit private legal entities, as well as according to the express provisions on the organisation and functioning of the collective management organisations of this law.

Article 169(1) Collective management shall be exercised in accordance with the following rules:(a) the decisions on the methods and rules for collecting the remuneration and other amounts from the users, their distribution to authors or right-holders, as well as those concerning important aspects of collective management, are taken by the members, at the general assembly, according to the Statute;


Law no. 8/1996 on copyright and neighboring rights 2020 b) the remuneration received by the collective management organisation is not and cannot be assimilated to their income;(c) the amounts resulting from the placement of unclaimed and unpaid remunerations in bank deposits or from other transactions made within the scope of the object of activity and those obtained as compensation for copyright or neighbouring rights infringements, are due and shall be distributed to right-holders and cannot constitute the income of the collective management organisation;(d) the amounts collected by a collective management organisation shall be distributed and paid to its members in proportion to the use of each repertoire, as soon as possible, but no later than 9 months after the end of the financial year in which they were collected, unless these deadlines cannot be met for objective reasons, including in particular the user reports, the identification of rights, of right-holders, or the correlation between the information regarding the works and other protected subject-matter, on the one hand, and the right-holders, on the other hand, or if its members are prevented by the above-mentioned reasons from complying with such deadline;e) the minimum level at which payment can be made is provided in the Statute;f) the provision referred to in letter (e) shall also apply in the relationship between the collective management organisation designated as sole collector and the recipient organisations;(g) in the case of representation contracts, the amounts collected by a collective management organisation shall be distributed as quickly as possible but no later than 9 months after the end of the financial year in which the remuneration was collected, unless the collective management organisation is prevented from complying with this deadline for objective reasons, including in particular the user reports, the identification of rights or of right-holders;(h) the management fee is the percentage retained to the authors or right-holders, from the income from rights or any income deriving from the investment of income from rights to cover the costs of collecting, distributing and paying remuneration. The fee owed by the members and right-holders directly linked to the collective management organisation shall be withheld at the time of the distribution and may not exceed 15% of the amounts distributed individually;i) the fee retained by the collective management organisation which is the sole collector, cumulated with the fee retained to its own members by the beneficiary collective management organisations, may not exceed 15% of the amounts distributed to each;j) the fee retained by the collective management organisation that is the sole collector shall be deducted from the amounts distributed to each beneficiary collective management organisation at the moment of the payment;k) the management fee applies to each managed right;(l) the fees are established on a contractual basis for the rights managed under a special mandate, as well as for representation agreements;m) Collective management organisations may decide that the revocation or withdrawal of the collective management mandate of rights, categories of rights or types of works and other protected subject-matter shall enter into force only at the end of the financial year.(2) The collective management organisations shall keep separate accounts:


Law no. 8/1996 on copyright and neighboring rights 2020 (a) the amounts collected, shown in separate analytical accounts for each collection source;(b) any income provided for in the Statute, including the management fees, own assets, membership fees, contributions, donations, sponsorship, interest and dividends resulting from the placement of income, shown in separate analytical accounts;c) the unclaimed amounts, shown and kept by the representative organisation in separate analytical accounts for 3 years from the date of the notification.(3) After the expiry of the deadline stipulated in paragraph (2) letter c), the unclaimed amounts shall be used in accordance with the Statutes.(4) Collective management organisations shall not have the right to use the income from the rights or any income derived from investing the income from rights for purposes other than the distribution to the authors or right-holders except for the deduction of the management fees and the services provided for in paragraph (6).(5) When a collective management organisation invests the income from the rights or any income derived from the investment of income from the rights, this must be done in the common interest of its members in accordance with the policy set out in article 154 paragraph (4) letters c) and e) and in compliance with the following rules:a) if there is a potential conflict of interest, the collective management organisation shall ensure that the investment is carried out solely in the interest of its members;b) the assets are invested in a way that ensures the safety, quality, liquidity and profitability of the portfolio as a whole;c) the assets are diversified accordingly to avoid over-reliance on a given asset and risk pooling across the portfolio.(6) When, by Statute, a provision is made for the possibility of a collective management organisation to be able to provide social, cultural or educational services financed through deductions from the income from rights or from any income deriving from investing of rights-based income, these services shall be provided on the basis of fair criteria, in particular as regards the access to and the extent of such services.(7) The users are required to provide to the collective management organisation, within the agreed and pre-arranged time format, the relevant information at their disposal on the use of the rights represented by the collective management organization, which are necessary for the collection of the income from rights and for the distribution and payment to the authors or right-holders of the amounts due. Both the collective management organisations and the users shall, as far as possible, take account of the voluntary sectoral standards as to the format in which such information is to be made available.

Article 170(1) Any member has the right to request, in person or by authorized representative, detailed information and documents on the amounts he/she has been distributed in the last 12 months, their source, the method of calculating the rights and the deductions applied, and verification of the consistency of these data with the provisions of the distribution regulation.(2) The collective management organisations have the obligation to publish on their own websites at least the following updated information:a) the Statutes;


Law no. 8/1996 on copyright and neighboring rights 2020 b) the list of members, of the central and local management bodies, the members of the internal committees and the list of local officials;c) the methodologies based on which it collects the remunerations due to the members, as well as the decisions by which the collective management organisation has been designated as a collector;d) the name of the sole collector if the remuneration is collected through it;e) the standard non-exclusive license agreements;f) the list of representation agreements concluded with other collective management organisations, their names, as well as the list of representation contracts concluded with similar foreign organisations;g) the methods for collecting and distributing the amounts owed to the authors or right-holders, as well as the persons responsible for this activity, both at the local and central level;h) the complaints and dispute settlement procedures and mediation procedures;i) the information on general assemblies held during the last 5 years, such as: the date and place of convocation, the agenda and the decisions taken, as the case may be;j) the annual report.

(21) The collective management organisations, starting with 1st of January, have the obligation to publish, quarterly, till the last day of first month following the reference trimester, by displaying at their head offices, and also by electronic means, by publishing on their webpage, for previous trimester, the amounts collected separated on categories of users or other payers, the deducted amounts, the management fee and the amounts distributed, separated on categories of right holders, their source, the method of calculating the rights, and the deductions applied.

(3) The collective management organisations have the obligation to make available to the collective amangement organisations with which they have concluded representation agreements, by any means, including by electronic means, at least once a year at the end of the financial year and upon request, or as many times as requested, at least the following information for the period covered by such information:a) the amounts distributed, the amounts paid, separated on categories of managed rights and by types of uses for the rights which they manage under a representation agreement, as well as any amounts distributed and unpaid for any period;b) the deducted management fee and any other deductions set forth in the representation agreement.(4) The representation contracts concluded by similar organisations from abroad, as stipulated in paragraph (2) letter f), shall be concluded in writing, specifying how to exchange information on the repertoire of the parties, on the managed rights, the duration and the methods of payment.(5) The collective management organisations have the obligation to make available to the authors or right-holders to whom they have distributed the incomes from rights or for the benefit of which they made payments during the period to which the information relates, at least once a year, by any means, including by electronic


Law no. 8/1996 on copyright and neighboring rights 2020 means, at the end of the financial year, and upon request, whenever requested, at least the following information:a) any contact details that the collective management organisation has been authorized by the author or right-holder to use in order to identify and locate him/her;b) the amounts distributed to that member, separated on categories of managed rights and by type of use; c) the amount of the sums paid by the collective management organisation to that member, separated on categories of managed rights and by type of use; d) the period in which the uses corresponding to the amounts distributed and paid to the member concerned have taken place, except when the collective management organisation cannot provide this information for objective reasons related to the reports made by the users;e) the retained management fee, separated on categories of managed rights and by type of use; f) any deductions for the purpose of providing social, cultural or educational services;g) any remuneration or income deriving from the rights distributed to the author or right-holder, for any period, and not paid.(6) The collective management organisations are required to make available to non-member right-holders who have a direct relation with the management organisation as well as with the collective management organisation with which they have concluded representation agreements by any means, including by electronic means, at least once a year, at the end of the financial year, and upon request whenever requeired, at least the following information:(a) the revenues from distributed rights, the amounts paid by the collective management organisation separated on categories of managed rights and by types of uses for the rights it manages under a representation agreement, and any income derived from the rights distributed for any period , which are unpaid;b) the deductions operated in the account of management fees;c) any deductions for the purpose of providing social, cultural or educational services;d) the information on any licenses granted or denied in respect of the works and other subject-matter covered by the representation agreement;e) the decisions adopted by the general aseembly of the members, insofar as such decisions are relevant to the management of the rights under the representation agreement.(7) Within 30 days prior to the general assembly, any member shall have the right to consult, at the premises of the collective management organisation or by electronic means, in compliance with the legal provisions on the protection of personal data, the following:a) the annual report;b) the annual reports drawn up by the General Manager, the Board of Directors, the Standing Committee on Access to Information, the Internal Committees and the Supervisory Body;c) the text and the explanations of reasons for each draft resolution to be submitted to the approval of the general assembly;d) the individual salaries of the employees;e) the balance of bank accounts, of investments and of the interests earned at the end of the last financial year;


Law no. 8/1996 on copyright and neighboring rights 2020 f) the status of user categories, of the number of notifications, of the number of payers in each category and the aggregate amount collected from each category;g) the status of disputes;h) any transaction or payment schedule of the users approved by the Board of Directors;i) the statements of incompatibility and income.(8) The access to the information provided in paragraph (7) shall be granted upon a written request and with limitation of access to the personal data of the employees of the collective management organisation.(9) Within a collective management organisation, the 5-member special Standing Committee on the Access to Information, as designated by the general assembly, who are not employed and do not belong to the management or supervisory bodies, operates. (10) The persons who/which consider that their right of access to the requested information has been violated may notify, within 3 days, the comittee stipulated in paragraph (9). The Committee is bound to respond within 7 days to both the complainant and the General Manager.(11) The committee provided for in paragraph (9) draws up an annual report on its work, which it submits to the General Assembly and to the Romanian Copyright Office.(12) The collective management organisation shall, by electronic means and without undue delay, provide at least the following information to any collective management organisation in which name it manages the rights under a representation agreement, or of any right-holder or user:a) the works or other protected subject-matter which they represent, the rights they manage either directly orby the representation agreements, and the territories covered;b) when such works or other protected subject-matter cannot be determined, because of the field of activity of the collective management organisation, the types of works or other protected subject-matter which they represent, the rights they manage and the territories covered.

Article 171Independent management entities have the obligation to make available to the authors or right-holders for whom they manage the rights, by any means, including by electronic means, once a year, at the end of the financial year and, upon request, whenever required, the following information:a) any contact details that the entity has been authorized by the author or right-holder to use in order to identify and locate the same;b) the amounts distributed to the author or right-holder;c) the amount of the sums paid by the independent management entity to the author or right-holder, separated on categories of managed rights and by types of uses; d) the period in which the uses corresponding to the amounts distributed and paid to the author or right-holder have taken place, unless the independent management entity cannot provide this information for objective reasons related to users' reports;e) the amounts deducted for the management of copyright or neighbouring rights;f) any remuneration distributed to the author or the right-holder and unpaid, for any period.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 172(1) The collective management organisations have the obligation to submit to the Romanian Copyright Office, within 15 days of the general assembly:a) the annual report;b) the updated repertoire;c) the representation contracts concluded with similar foreign organisations.(2) The documents referred to in paragraph (1) letters a) and b) shall be filed with the Romanian Copyright Office in the format established by the decision of the General Manager of such Office.

SECTION IV: Multi-territorial licensing of online rights upon musical works granted by the collective management organisations

Article 173(1) For the purposes of this Law, a multi-territorial license means a license for the reproduction right and the public communication right, which also includes the right to make available to the public, on the Internet or by other computer networks, covering the territory of several Member States of the European Union. The two rights can be managed separately.(2) The online rights upon musical works shall mean any of the rights provided for in paragraph (1) and which are necessary for the provision of an online service.(3) Multi-territory licensed musical work for online rights means any musical work, including those included in the audiovisual works. The musical works in the form of scores are exempt from the provisions of this Title.(4) By an online music service provider, hereinafter referred to as a provider, shall mean any natural or legal person who is responsible for the content of the online music service through which musical works are reproduced for the purpose of public communication. The providers are required to accurately report the actual use of these works.(5) The collective management organisation granting multi-territorial licenses for the online rights upon musical works must fulfill the following conditions:a) is capable to accurately identify, in whole or in part, the musical works, the territories covered, the rights and authors or right-holders corresponding to each musical work or to any part thereof which it is authorized to manage;b) is capable to electronically process the data necessary for licensing, to identify and monitor the repertoire use, to collect, distribute and pay the remuneration due to its members and to issue the invoices to the users;c) to use unique codes in order to identify the authors or right-holders and the musical works, taking into account the international standards and practices developed worldwide or within the European Union;d) to use the appropriate means in order to rapidly and efficiently address the inconsistencies identified between data and information held by it and by other collective management organisations that grant multi-territorial licenses for the online rights upon musical works.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 174(1) Upon the request of providers, of other collective management organisations or of the members they represent, the collective management organisation providing multi-territorial licenses shall, by electronic means, provide up-to-date information to identify the online music repertoire it manages, including:a) the managed musical works;b) the rights wholly or partly managed;c) the covered territories.(2) A collective management organisation granting multi-territorial licenses shall take steps to protect the accuracy and integrity of the data held in order to control its reuse and to protect commercially sensitive information.(3) A collective management organisation granting multi-territorial licenses shall allow members, other collective management organisations and providers to request a rectification of the data referred to in paragraph (1) when they consider the data to be inaccurate. When such requests are justified, the collective management organisation shall, as a matter of urgency, correct the data or information held.

Article 175(1) With regard to the management of online rights for multi-territory licensed music, the collective management organisation providing multi-territorial licenses shall have the following obligations:a) to monitor the use of the musical works managed wholly or in part, by the providers to whom they have granted a multi-territorial license for those rights;b) to provide the electronic means necessary for the providers to report the actual use of multi-territory licensed music for the respective rights. For the electronic exchange of these data, at least one reporting method shall be used, which takes into account the optional standards or practices developed in the field worldwide or within the European Union;c) after the actual use is reported by the providers, to issue the invoices and transmit them to the latter as soon as possible, including by electronic means, using at least one format which takes into account the optional standards or practices in the field developed worldwide or within the European Union;d) to distribute and pay accurately and without delay the remuneration due to the authors or right-holders whose musical works have been used under those licenses, providing each payment with information on the period and territories in which those uses took place, the amounts collected from each provider and distributed, the fee and other deductions applied;e) to provide the electronic means by which the authors or right-holders whose musical works are included in their own repertoire, as well as those who entrusted them with the management of their online rights, provide them with the information about their musical works or their rights, as well as about the territories for which authorizes the collective management organisation. (2) The provisions of paragraph (1) letter d) shall also apply if a collective management organisation mandates another collective management organisation to grant multi-territorial licenses for online rights to musical works, in accordance with the provisions of article 176. The collective management organisation delegating it is responsible for the subsequent distribution of these amounts to the authors or right-


Law no. 8/1996 on copyright and neighboring rights 2020 holders and for their information, unless the collective management organisations agree otherwise.(3) The provisions of paragraph (1) letter e) shall also apply if a collective management organisation mandates another collective management organisation to grant multi-territorial licenses in accordance with the provisions of articles 176 and 177, unless otherwise agreed.(4) The collective management organisation may refuse to accept the reports submitted by the providers in a format protected by exclusive rights if the organisation allows for reporting the use of a sector-accepted standard for electronic data exchange.(5) The provider may not refuse to accept the invoice due to its format if the collective management organisation uses a sector-accepted standard.(6) The invoices provided for in paragraph (1) letter (c) must contain accurate data and at least the title of the works and the licensed rights, in whole or in part, as well as the information on the actual uses made available by the provider.(7) The provider may challenge the accuracy of the information contained in the invoices issued by one or more collective management organization which deal with the same online rights for the same musical work.(8) When a collective management organisation mandates another collective manageemnt organisation to grant multi-territorial licenses for online rights upon musical works, the mandated collective management organisation shall distribute the remuneration collected accurately and without delay.

Article 176(1) Any representation agreement under which a collective management organisation mandates another organisation to grant multi-territorial licenses for the online rights upon musical works in its own repertoire shall be non-exclusive. The mandated collective management organisation manages these rights in a non-discriminatory manner.(2) The mandating collective management organisation shall inform its members of the main terms of the representation agreement, including of its duration and of the cost of the services provided by the mandated collective management organisation.(3) The mandated collective management organisation shall be required to inform the collective management organisation which mandates on the conditions under which multi-territorial online licenses are granted, including on the nature of the use, on all the provisions relating to the licensing fee or affecting that fee, on the duration of the license, the accounting periods and the territories concerned.

Article 177(1) When a collective management organisation does not grant multi-territoral licenses for the online rights upon musical works in its own repertoire, it shall request for the conclusion of a representation agreement with another collective management organisation which:a) aggregates other repertoires and does not grant multi-territorial licenses exclusively for its own repertoire;


Law no. 8/1996 on copyright and neighboring rights 2020 b) shall not be limited to the aggregation of rights in respect of the same works for the purpose of granting joint licenses for the reproduction right and the right of public communication. (2) The collective management organisation to which the request is addressed has the following obligations:a) to accept the application if it already grants multi-territorial licenses for the same category of online rights upon the musical works in the repertoire of one or more collective management organisations;b) to respond in writing to the applicant collective management organization as soon as possible;c) to manage the repertoire of the applicant collective management organisation under the same conditions as for the management of its own repertoire;d) to include the repertoire of the applicant collective management organisation in all the offers addressed to the providers.(3) The management fee deduced from the applicant collective management organisation shall not exceed the reasonable costs borne by the collective management organisation to which the request is addressed.(4) The applicant collective management organisation shall make available to the collective management organisation to which the request is addressed the repertoire and the information required for the granting of multi-territorial licenses for the online rights.(5) When the information provided for in paragraph (4) is insufficient or provided in a format which does not allow the collective management organisation to which the request is addressed to comply with the requirements of this article, the latter shall have the right to charge the costs incurred within reasonable limits to meet those requirements or to exclude the works for which the information is insufficient or cannot be used.

Article 178(1) The authors or right-holders who have authorized a collective management organisation to manage their online rights upon musical works may withdraw the mandate if it does not grant multi-territorial licenses, or require another collective management organisation to conclude a representation agreement in this respect.(2) In the case provided for in paragraph (1), the authors or right-holders have the possibility themselves, or through another party or other parties, to grant multi-territorial licenses, by withdrawing their rights from the original collective management organisation to the extent necessary, and having the possibility to leave the same rights for granting mono-territorial licenses.

Article 179(1) The provisions of articles 173 to 178 do not apply to the multi-territorial licenses granted by the collective management organisations for:a) the musical works necessary for a broadcasting company in order to communicate or make publicly available its radio or television programs simultaneously or after such transmission;


Law no. 8/1996 on copyright and neighboring rights 2020 b) any online material produced by or for the broadcasting company, which is ancillary to the initial transmission, for the purpose of completing, previewing or revising the program, including the previews.(2) The provisions of paragraph (1) shall not apply if they lead to distortions of competition with other services which offer the consumers online access to the musical or individual works and must not lead to restrictive practices such as market sharing or customer sharing.

CHAPTER II: The Romanian Copyright Office

Article 180(1) The Romanian Copyright Office operates as a Government-subordinated specialized body, being the sole regulatory authority, for the registration through national registers, supervision, authorization, arbitration and technical-scientific finding in the field of copyright and neighbouring rights.(2) The financing of current and capital expenditures of the Romanian Copyright Office is made entirely and distinct from the State Budget, through the budget of the Ministry of Culture and National Identity, the coordinating minister being the main credit release authority.(3) The organization, the operation, the structure of the personnel and the facilities necessary for the accomplishment of its tasks by the Romanian Copyright Office are established by Government Decision.(4) The Romanian Copyright Office is coordinated by the Minister of Culture and National Identity and is headed by a General Manager, assisted by a Deputy General Manager, both appointed by the decision of the Prime Minister, at the proposal of the Coordinating Minister.

Article 181(1) The main tasks of the Romanian Copyright Office are the following:a) it regulates the activity in the field by the decisions of the General Manager, according to the law;b) it elaborates draft regulatory documents in its field of activity;c) it keeps track of the repertoires submitted by the collective management organisations;d) it organizes and manages, for a fee, the registration in the national registers and in other national records provided for by the law;e) it issues, in return for a fee, hologram trademarks usable under the terms of the law in the field of copyright and neighbouring rights, at the value of the purchase price plus an administration fee of 30%;f) it approves the establishment and supervises the operation of the collective management organisations;g) it approves, as a specialized body of the central public administration, according to the law, the registration of the associations and foundations established in the field of copyright and neighboring rights in the registry of the Court of Justice, including as regards the associations for fighting against piracy;h) it investigates, at its own expense, ex officio or in response to a written notification, the compliance with the legislation in the field, the operation and activity of the


Law no. 8/1996 on copyright and neighboring rights 2020 collective management organisations, including by granting access to their information system, and sets the measures for complying with the law or applies penalties, as appropriate;(i) it cooperates with similar authorities in the Member States of the European Union to monitor the implementation of EU provisions on copyright and neighboring rights;j) it performs, in return for a fee, at the expense of the defendants in case they are proved to be guilty, the scientific and technical findings regarding the originality of the products bearing copyright or neighbouring rights, upon the request of the criminal investigation bodies; (k) it provides expert assessment, in return for a fee, at the expense of the parties concerned or at the request of the judicial bodies;l) it carries out information activities regarding the legislation in the field, at its own expense, as well as training activities, at the expense of those interested;m) it performs representation activities in the relations with similar specialized organizations and with international organizations in the field, to which the Romanian state is a party; m1) it keeps records of the entities authorized to carry out the activities provided for in article 351 paragraph (1) letter (b) and shall provide both the European Commission and the information access point established by the International Bureau of the World Intellectual Property Organisation the name and contact details of the authorized entities, as well as any other data collected as a result of their voluntary disclosure by the authorized entities; n) it fulfills any other duties provided by law.(2) The prices of the operations, which may be performed by the Romanian Copyright Office in return for a fee, are set by Government’s decision. The value of the operations provided for in paragraph (1) letter j) shall be included in court charges.(3) In order to fulfill the tasks established by law, the Romanian Copyright Office has access to the required information, in a timely manner and free of charge, from the National Center for Cinematography, the National Trade Register Office, the National Customs Authority*), the National Agency for Fiscal Administration and from the Romanian Border Police, the Personnel Record and Data Base Administration and the General Passports Office within the Ministry of Internal Affairs, as well as from the financial and banking institutions, according to the law.

Article 182On the occasion of the inspection carried out by the Romanian Copyright Office according to the provisions of article 181, the inspected person has to provide any documents and information requested by the inspection bodies and to deliver copies thereof if requested.

Article 183(1) The inspection activity of the Romanian Office for Copyright, provided for in article 181 paragraph (1) letter h) shall be carried out only with the prior notification of the inspected collective management organisation, communicating at the same time the objectives of the inspection. The Romanian Copyright Office may carry out general yearly inspections, notified 10 days prior to the inspection, as well as spot checks on complained issues whenever needed, notified three days in advance.


Law no. 8/1996 on copyright and neighboring rights 2020 (2) On the occasion of the inspections carried out by the Romanian Copyright Office, the general manager shall have the obligation to present any documents and information requested by the inspection bodies and to hand over copies thereof if requested. The inspection bodies may take explanatory notes in relation to the situations found, both to the general manager and to other employees.(3) The conclusions of the inspection bodies of the Romanian Copyright Office, together with the remarks of the general manager, shall be recorded in a report.(4) Based on the conclusions of the inspection, in case of irregularities, the Romanian Copyright Office may decide to communicate the report to the general assembly of the collective management organisation concerned, which will discuss it at its first ordinary meeting.

Article 184(1) When the Romanian Copyright Office, following a scheduled inspection or a complaint, finds that the collective management organisation does not comply with the obligations imposed by this law, except for those of which infringement is punishable as an offense or a criminal offense, shall decide on the necessary steps for complying with the law and shall grant 3 months for their fulfilment, by a decision of the General Manager of the Romanian Office for Copyright.(2) The measures ordered according to paragraph (1) must be clear, precise and with an indication of the legal grounds on which it is based.(3) Upon the expiry of the deadline provided for in paragraph (1), the Romanian Copyright Office checks the fulfillment of the ordered measures, and if it finds that these have not been met, it decides to suspend the activity of the collective management organisation, by the decision of the General Manager of the Romanian Copyright Office.(4) Against the decision provided for in paragraph (3) a preliminary complaint may be filed, according to the Law no. 554/2004 on administrative litigation, as subsequently amended and supplemented.(5) The suspension measure shall be revoked by a decision of the General Manager of the Romanian Copyright Office after the measures ordered according to paragraph (1) have been met.(6) The provisions of paragraphs (1) to (5) shall also apply, as appropriate, to independent management entities for the legal provisions relating to those entities.CHAPTER III: Protection measures, procedures and sanctions

SECTION I: Technical protection measures and information on rights’

regime

Article 185(1) The author of a work, the performer, the producer of phonograms or of audiovisual recordings, the radio or television broadcasting organisation and the database manufacturer may establish technical measures to protect the rights acknowledged by this law.


Law no. 8/1996 on copyright and neighboring rights 2020 (2) For the purposes of this Law, the ‘technical measures’ means the use of any technology, device or component which, in its normal operation, is intended to prevent or restrict acts which are not authorized by the right-holders acknowledged by this law.(3) The technical measures shall be deemed to be effective where the use of a work or other subject-matter of protection is controlled by the right-holder by the application of an access code or a protection procedure such as encryption, coding, jamming or any alteration of work or of other subject-matter of protection or by a copying control mechanism if the measures meet the objective of protection ensuring. (4) The right-holders who have established technical protection measures have the obligation to make available to the beneficiaries of the exceptions provided for in article 35 paragraph (1) letters a), c) and e), article 35 paragraph (2) letters d) and e) and article 39, the necessary means for legal access to the work or to any other subject-matter of protection. At the same time, they have the right to limit the number of the number of copies made under the above conditions.(4) The right-holders who have established technical protection measures have the obligation to make available to the beneficiaries of the exceptions provided for in articles 35 paragraph (1) letters a), c) and e), article 35 paragraph (2) letters d) and e), article 351 and 39, the necessary means for legal access to the work or to any other subject-matter of protection. At the same time, they have the right to limit the number of the number of copies made under the above conditions.(5) The provisions of paragraph (4) shall not apply to protected works made available to the public in accordance with the contractual clauses agreed between the parties so that any member of the public may have access to them in any place and at any time individually chosen.

Article 186(1) The right-holders acknowledged by this law may provide information in an electronic format on the rights’ regime, associated with a work or any other subject-matter of protection or within the context of their public disclosure. (2) Information about the rights’ regime, within the meaning of the present law, means any information provided by the right-holders, that allows the identification of the work or of any other subject-matter of protection under this law, of the author or of other right-holder, as well as of the conditions and the manner of using the work or any other subject-matter of protection, as well as any number or code representing that information.

SECTION II: Procedures and sanctions

Article 187(1) Breach of the rights acknowledged and protected by this law entails civil, offence or criminal liability, as the case may be, according to the law. The procedural provisions are those laid down in this law, which are supplemented by those of the common law. (2) In the course of a proceeding concerning the infringement of the rights protected by the present law and in response to a justified request of the applicant, the court


Law no. 8/1996 on copyright and neighboring rights 2020 has the right to request to be provided with information about the source and the distribution networks of the goods or services that prejudice a right provided by this law, either from the perpetrator or from any other person who: a) has owned pirate goods for commercial purposes; b) used the services infringing the rights protected by the present law for commercial purposes; c) provided, for commercial purposes, products or services used in activities that infringe the rights provided by the present law; d) has been indicated by any of the persons referred to in letters a), b) or c), as being involved in the production, making, manufacture, distribution or rental of pirate goods or pirate access control devices or the provision of products or services infringing the rights protected by this law. (3) The information provided for in paragraph (2) shall include, as appropriate: a) the name and address of the producers, manufacturers, distributors, suppliers and other previous owners of the goods, devices or services, including the carriers, wholesaler consignees and retailers; b) the information on the quantities produced, manufactured, delivered or transported, received or ordered, and the price obtained for the goods, devices or services concerned. (4) The provisions of paragraphs 2 and 3 shall apply without prejudice to other legal provisions which: a) grant the right-holder the right to receive more extensive information; b) provide for the use in civil or criminal cases of the information communicated in accordance with this article; c) provide for liability for the abuse of the right to receive information; d) give the possibility to refuse to provide information that would force the person mentioned in paragraph (1) to admit his/her own participation or the participation of his/her close relatives to an activity infringing the rights protected by this law; e) provide for the confidentiality protection of the information sources or of the processing of personal data.

Article 188(1) The right-holders acknowledged and protected by this law may ask the courts or other competent bodies, as the case may be, for the acknowledgment of their rights and for acertaining their infringement and may claim the compensation of the damage caused. The same claims may be filed on behalf of and for the right-holders by their management organisations, by the anti-piracy associations or by the persons authorized to use the rights protected by this law in accordance with the mandate granted to them. When proceedings have been initiated by the holder, the persons authorized to use the rights protected by this law may intervene in the process, seeking compensation for the damage caused to them.(2) In determining the damages, the court shall consider:a) either the criteria such as the negative economic consequences, in particular the unrealized gains, unfair advantage of the perpetrator and, where appropriate, other elements than the economic factors, such as the moral damages to the right-holder;b) or the award of damages amounting to three times the amount that would have been legally owed for the type of use which was the subject-matter of the unlawful act, if the criteria set out in at letter a) are not applicable.


Law no. 8/1996 on copyright and neighboring rights 2020 (3) If the copyright holder or one of the persons mentioned in paragraph (1) produces the credible proof that a copyright is subject to an unlawful act, whether current or impending, and that the action is liable to cause him/her damage that is difficult to repair, he/she may request the court to take provisional measures. The court may decide, in particular:a) to prohobit the infringement or its provisional termination;b) to take the required measures in order to ensure the preservation of evidence;c) to take the required measures in order to ensure the repair of the damage; to this end, the court may order the taking of precautionary measures on the movable and immovable property of the person who allegedly infringed the rights acknowledged by this law, including to block its bank accounts and other assets. To this end, the competent authorities may order the communication of banking, financial or commercial documents or the appropriate access to the relevant information;d) seizing by or handing over to the competent authorities of the goods which are suspected of violating a right provided for by this law in order to prevent their placement into the commercial movement of goods.(4) The applicable procedural provisions are contained in the provisions of the Civil Procedure Code concerning the provisional measures in the field of intellectual property rights.(5) The same measures may be required, under the same conditions, against an intermediary agent whose services are used by a third party to infringe a right protected by this law.(6) The measures provided for in paragraphs (3) and (5) may include a detailed description, with or without sampling, or actual seizure of the goods in dispute, and in the related cases, of the materials and instruments used to produce and/or distribute such goods and the documents referring thereto. These measures will also be taken into account in applying the provisions of articles 169 to 171 of the Criminal Procedure Code.(7) The court may authorize the seizing of objects and documents that constitute evidence of copyright or neighbouring rights infringement, in original or in copy, even when they are in the possession of the opposing party. In the case of infringements committed on a commercial scale, the competent authorities may also order the communication of banking, financial or commercial documents or appropriate access to the relevant information. (8) For the implementation of the measures provided for in paragraphs (3) and (7), subject to the protection of confidential information, the courts will require the complainant to provide any reasonably available evidence to prove with sufficient certainty that his or her right has been infringed or that such prejudice is imminent. The number of copies of a work or any other protected subject-matter is sufficient to the discretion of the court. In that case, the courts may require the complainant to lodge a sufficient surety to compensate for any damage that the defendant might suffer.(9) The measures to provide evidence or to ascertain a factual situation ordered by the court shall be carried out by a judicial executor. The holders of the rights alleged to have been infringed or in respect of which there is a risk of being infringed, or the representatives of such holders, are entitled to participate in the enforcement of the measures to provide evidence or to ascertain a factual situation.


Law no. 8/1996 on copyright and neighboring rights 2020 (10) The holders of violated rights may request the court to order any of the following:a) the remittance, in order to cover the damages suffered, of the proceeds gained by the illicit act;b) destruction of the equipment and means owned by the perpetrator, which sole or principal destination was to produce the illicit act;c) the removal of illegaly made copies from the commercial movement of goods, by confiscation and destruction;(d) disseminating the information about court's decision, including judgment display, and its full or partial publication in the media, at the expense of the perpetrator; under the same conditions, the courts may order additional advertising measures adjusted to the particular circumstances of the case, including large-scale advertising.(11) The court shall apply the measures provided for in paragraph (10) at the expense of the perpetrator, unless there are good reasons for the latter not to incur the expenses.(12) The measures provided for in paragraph (10) letters b) and c) may also be ordered by the prosecutor in the case of classification of or waiving the criminal prosecution. The provisions of the paragraph (10) letter c) shall not apply to constructions built in violation of the rights relating to the architectural works protected by this law, if the destruction of the building is not required by the circumstances of the case.(13) In ordering the measures provided for in paragraph (10), the court will observe the principle of proportionality with the gravity of the infringement of the rights protected by this law and will take into account the interests of third parties susceptible to be affected by these measures.(14) The judicial authorities are obliged to communicate to the parties the solutions adopted in the cases of infringement of the rights regulated by the present law.(15) The Romanian Government, through the Romanian Copyright Office, supports the development by professional associations and organizations of codes of conduct at Community level designed to help ensure observance for the rights provided by this law, especially with regard to the use of manufacturer identification codes applied to optical discs. The Government of Romania also supports the submission to the European Commission of the draft codes of conduct at national or Community level and the assesments related to their implementation.

Article 189(1) The copyright or neighbouring rights holder may be represented in all procedures, negotiations and legal acts, throughout the duration and at any stage of the civil or criminal proceeding or outside such proceedings, by a special proxy.(2) In order to initiate the criminal proceedings, as well as to withdraw the preliminary complaint and for the reconciliation of the parties, the mandate shall be considered special, if given for representation of the copyright or neighbouring rights holder, in any infringement of his/her rights.

Article 190(1) The following facts are offenses which are punishable by fine from RON 3.000 up to RON 30.000:a) the violation of the provisions of article 24 paragraph (5) ;


Law no. 8/1996 on copyright and neighboring rights 2020 b) the violation of the provisions of articles 89 and 90;c) the violation of the provisions of article 114 paragraph (3) ;d) the violation of the provisions of article 149 paragraphs (4) or (8);e) the violation of the provisions of article 162 letters b), e), g), i), k), l), p) and q) and of article 172 paragraph (1);f) fixing the performances or artistic performances or radio or television programs, without the authorization or consent of the holder of the rights acknowledged by the present law;g) the public communication of the works or products protected by neighbouring rights, without the authorization or consent of the holder of the rights acknowledged by the present law.h) the violation of the provisions of article 352 paragraph (2) and by the users of the provisions of article 162 letter f).

Article 191(1) If it is not a criminal offense, then the action of legal persons or of authorized individuals to allow access in the premises, to the equipment, the means of transport, to their own goods or services in order for another person to commit an offence as provided by this law is an offence which is punishable by fine of RON 10.000 up to RON 50.000 and with the confiscation of pirate goods or of pirate access control devices.(2) For the recurrence of the offence referred to in paragraph (1), which resulted in the commission of the offences stipulated in article 193 within one year, the determining body may also apply the supplementary sanction to suspend the activity or one of the activities of the legal person for a period of up to 6 months.

Article 192(1) The offence sanctions provided for in article 190 are also applicable to legal persons. If the infringer, the legal person, carries on activities that involve, accotding to it object of activity, the public communication of works or products bearing copyright or neighboring rights, the limits of the offence fines/penalties shall be increased twice.(2) The offences provided for in articles 190 and 191 shall be ascertained and applied by the persons empowered by the General Manager of the Romanian Copyright Office or by the officers or police officers within the local police or of the Ministry of Internal Affairs having competences in this field.(3) The infringer may pay, within 48 hours from the date of receiving the report of the offence, half of the minimum fine provided for in the present law.

Article 193(1) The following are criminal offences/felonies and shall be punishable by imprisonment from 6 months to 3 years or by fines, as follows:a) making of pirate goods intended for distribution;b) the placing of pirate goods under a definitive import or export customs regime, under a suspensive customs regime or in duty free zones;c) any other manner of introducing pirate goods into the domestic market.


Law no. 8/1996 on copyright and neighboring rights 2020 (2) The supply, distribution, possession or storage or transport of pirate goods for the purpose of distribution is also sanctioned by the punishments stipulated in paragraph (1).(3) If the facts provided for in paragraph (1) and (2) are committed for commercial purposes, they shall be punished by imprisonment from 2 to 7 years.(4) Renting or offering for rent of pirate goods shall also be punished by the punishment stipulated in paragraph (3).(5) The promotion of pirate goods through the use of public announcements or electronic means of communication, exposure or presentation to the public of lists or product catalogs or any other such means constitutes a criminal offence and shall be punished by imprisonment from 3 months to 2 years or a fine.(6) For the purposes of this Law, pirate goods means all copies, regardless of the carrier/media, including the covers, made without the consent of the right-holder or of the person legally authorized by him/her and which are executed, directly or indirectly, totally or partially, from a product protected by copyright or neighbouring rights, or from their packaging or covers.(7) For the purposes of this law, commercial purpose means the pursuit of getting, directly or indirectly, an economic or material advantage.(8) The commercial purpose shall be presumed if the pirate goods are identified at the premises/main office, at the points of work/branches, in their annex buildings, or in the means of transport used by the economic operators which have as their object of activity the reproduction, distribution, rental, storage or transport of copyright or neighbouring rights bearing products.

Article 194It is a criminal offence/felony and shall be punished by imprisonment from 6 months to 3 years or by fine the making available to the public, including via the Internet or other computer networks, without being entitled to do so, the works or products bearing the neighbouring rights or sui generis rights of the manufacturers of their databases or of copies thereof, regardless of the carrier, so that the audience can access them in any place or at any time individually chosen.

Article 195It is a criminal offence/felony and shall be punishable by imprisonment from 6 months to 3 years or by fine the unauthorized reproduction of computer programs in any of the following ways: installation, storage, running or execution, display or internal transmission.

Article 196(1) The following acts committed without the authorization or consent of the holder of the rights acknowledged by this law shall be considered as offences and shall be punishable by imprisonment from one month to one year or by fine:a) the reproduction of works or products bearing neighbouring rights;b) the distribution, renting or importation on the internal market of the works or products bearing neighbouring rights, other than the pirate goods;c) the broadcasting of works or products bearing neighbouring rights;d) the cable retransmission of works or products bearing neighbouring rights;


Law no. 8/1996 on copyright and neighboring rights 2020 e) the creation of derivative works;(f) the fixing, for commercial purposes, of the performances or artistic performances or of radio or television programs.(2) Products bearing neighboring rights mean the performances or artistic performances, phonograms, videograms and their own programs/shows or program services belonging to the radio and television broadcasting organisations.

Article 197(1) The action of a person who misappropriates, without being entitled, in whole or in part, the work of another author and presents it as his/her own intellectual creation constitutes a criminal offence/felony and shall be punishable by imprisonment from 6 months to 3 years or by fine.(2) Reconciliation discharges of the criminal liability.

Article 198(1) The production, import, distribution, possession, installation, maintenance or replacement in any way of the access control devices, whether original or pirate, used for conditional access program services, constitutes a criminal offence/felony and is punishable by imprisonment from 6 months to 3 years or by fine.(2) The action of a person who auto-connects without any right or connects another person without any right to the conditioned access program services is a criminal offence/felony and is punishable by imprisonment from 3 months to 2 years or by fine.(3) The use of public announcements or electronic means of communication for the purpose of promoting access control pirate devices to the conditional access program services, as well as the exposure or disclosure, without any right, to the public in any manner of the necessary information for the manufacture of devices of any kind, able to provide an unauthorized access to the specified conditional access program services, or intended for the unauthorized access in any manner to such services shall constitute criminal offences and shall be punishable by imprisonment from one month to one year or by a fine.(4) The sale or rental of access control pirate devices shall be punishable by imprisonment from one year to 5 years. (5) For the purposes of this Law, access control pirate device means any device the manufacture of which has not been authorized by the right-holder acknowledged by this law in relation to a certain conditional access television program in order to facilitate access to that service.

Article 199(1) It is a criminal offence punishable by imprisonment from 6 months to 3 years or by fine, the action of a person who produces, imports, distributes or rents offers, in any way, without any right, for sale or rental, or holds with a view to sell devices or components/parts permitting the neutralization of technical protection measures or providing services that lead to the neutralization of technical protection measures or which neutralize these technical protection measures, including in the digital environment.(2) It is a criminal offence punishable by imprisonment from 3 months to 2 years or by fine, the action of a person who, without any right and for commercial purposes,


Law no. 8/1996 on copyright and neighboring rights 2020 removes from the works or from other protected products or modifies any information in electronic format regarding the applicable copyright or neighbouring rights regime.

Article 200(1) The person who, prior to the commencement of the criminal investigation, denounces to the competent authorities his/her participation in an association or agreement with a view to committing one of the criminal offences provided for in article 193, thus allowing the identification and prosecution of other participants, shall not be subject to punishment.(2) The person who committed one of the criminal offences provided for in article 193 and who denounces, during the criminal prosecution, and facilitates the identification and prosecution of other persons who have committed offences related to pirate goods or to the pirate access control devices, benefits from the halving of the punishment limits prescribed by law.(3) If the persons who have committed criminal offences under this law have repaired, before the completion of the judicial inquiry at the court of first instance, the prejudice caused to the right-holder, the special limits of the punishment shall be reduced by half.

TITLE IV: Applying the law. Transitional and final provisions

Article 201The following are subject to protection under this law: a) the works whose authors are Romanian citizens, even if they have not yet been brought to public attention;b) the works whose authors are natural or legal persons resident or established in Romania, even if they have not been brought to public attention;c) the architectural works built on the territory of Romania;d) performers’ performances carried out on the territory of Romania;e) performers’ performances which are fixed in the recordings protected by this law;f) performers’ performances which have not been fixed in recirdings but they are broadcast in radio or television shows protected by this law;g) the sound or audiovisual recordings which producers are natural or legal persons resident or headquartered in Romania;h) the sound or audiovisual recordings which first fixation on a material carrier took place for the first time in Romania;i) the radio and television programs broadcast by radio and television broadcasting organisations headquartered in Romania;j) the radio and television programs broadcasted by broadcasting bodies headquartered in Romania.

Article 202The foreign natural or legal persons, as copyright or neighbouring rights holders, enjoy the protection provided for by the international conventions, treaties and agreements to which Romania is a party, and in the absence thereof they shall enjoy equal treatment to that of the Romanian citizens, provided that they also enjoy from similar treatment in the respective States.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 203In addition to the provisions of this law, special regulations may be adopted in order to establish measures, including on the application and use of source identification codes, to fight against the import, manufacture, reproduction, distribution or rental of pirate goods or access control pirate devices used for the conditional access program services, as well as for the use of special markings to certify the payment of compensatory remuneration for the private copy.

Article 204(1) For the purpose of recording as means of evidence the works created in Romania, the National Register of Works managed by the Romanian Copyright Office shall be established, the registration shall be optional and shall be in return for a fee, in accordance with the enformcement guidelines and the tariffs established by Government Decision.(2) The existence and content of a work can be proved by any means of evidence, including by its inclusion in the repertoire of a collective management organisation.(3) The authors and other right-holders or holders of exclusive copyrights referred to in this Law shall be entitled to inscribe on the original or on the authorized copies of the works, noting the reservation of their exploitation, indicated according to the custom consisting of a symbol represented by letter C in the middle of a circle, together with their name, the place and year of the first publication.(4) The 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 write on the originals or on the authorized copies of sound or audiovisual recordings or on their cover, the reservation of their exploitation, indicated according to the custom and consisting of a symbol represented by the letter P in the middle of a circle, together with their name, the place and year of the first publication.(5) Unless otherwise proven, it shall be presumed that the exclusive rights, indicated according to the custom, by the symbols mentioned in paragraphs (3) and (4) or by the indications provided in articles 105 and 109, exist and belong to the persons who used them.(6) The provisions of paragraphs (3) to (5) do not make the existence of the rights acknowledged and guaranteed by this law conditional upon.(7) The authors of the works and the right-holders, together with the inclusion of their work in the repertoire of the collective management organisation, may also register their literary or artistic name exclusively for the purpose of bringing them to the attention of the public.

Article 205(1) Legal deeds entered into under the rules of the previous legislation shall have effect in accordance with the same, except for the clauses providing for the assignment of the rights to use all the works which the author may create in the future.(2) The works, including computer programs, performances or executions, sound or audiovisual recordings, as well as the programs of the radio and television broadcasting organisations made prior to the entry into force of this law, also benefit


Law no. 8/1996 on copyright and neighboring rights 2020 from the protection of the present law, under the conditions provided for in paragraph (1).(3) The duration of the patrimonial rights on the works created before the coming into force of this law and for which the protection periods calculated according to the procedures of the previous legislation have not expired yet shall be extended to the term of protection stipulated in the present law. The extension shall take effect only from the entry into force of this law.

Article 206(1) Machinery, drawings, layouts, manuscripts and any other goods which serve directly to the making/creation of a work giving rise to a copyright may not be subject to foreclosure (enforced prosecution).(2) The amounts due to the authors, as a result of the use of their works, shall enjoy the same protection as salaries and shall not be pursued except under the same conditions. These amounts are subject to taxation under the tax legislation in the field.

Article 207The disputes on copyright and neighbouring rights are within the jurisdiction of the jurisdictional bodies, in accordance with this law and with the common law.

Article 208(1) The European Commission shall be informed of the intention to adopt national provisions regulating new neighbouring rights, stating the essential grounds justifying the regulation of such rights and the appropriate duration of protection.(2) Any national provisions adopted in the field covered by this law shall be communicated to the European Commission.(3) The list of broadcasters to which the provisions of articole 137 paragraph (2) shall be forwarded to the European Commission.(4) The Romanian Copyright Office is responsible for making the communications provided for in paragraphs (1) to (3) to the European Commission.

Article 209This law transposes the provisions of the following Community legislation:a) Council Directive 91/250/EEC of the 14th of May 1991 on the legal protection of computer programs, published in the Official Journal of the European Communities no. L122 of 17th of May 1991;b) Council Directive 92/100/EEC of the 19th of November 1992 on rental right and lending right and on certain rights related to copyright in the intellectual property field, published in the Official Journal of the European Communities no. L 346 of 24 th of November 1992;c) Council Directive 93/83/EEC of the 27th of September 1993 on the harmonization of certain provisions concerning copyright and neighbouring rights applicable to the broadcasting of programs by satellite and cable retransmission, published in the Official Journal of the European Communities no. L 248 of 6th of October 1993;


Law no. 8/1996 on copyright and neighboring rights 2020 d) Council Directive 93/98/EEC of the 29th of October 1993 on the harmonization of the term of protection of copyright and certain neighbouring rights, published in the Official Journal of the European Communities no. L 290 of 24th of November 1993;e) Directive 96/9/EC of the European Parliament and of the Council of the 11 th of March 1996 on the legal protection of databases, published in the Official Journal of the European Communities no. L 077 of 27th of March 1996;f) Directive 2001/29/EC of the European Parliament and of the Council of the 22nd of May 2001 on the harmonization of certain aspects of copyright and neighbouring rights in the information society, published in the Official Journal of the European Communities no. L 006 of 10th of January 2002;g) Directive 2001/84/EC of the European Parliament and of the Council of the 27 th of September 2001 on the resale right for the benefit of the author of an original work of art, published in the Official Journal of the European Communities no. L 272 of 13 th of October 2001;h) Directive 2004/48/EC of the European Parliament and of the Council of the 29th of April 2004 on the enforcement of intellectual property rights, published in the Official Journal of the European Communities no. L 157 of 30th of April 2004;i) Directive 2011/77/EU of the European Parliament and of the Council of the 27 th of September 2011 amending the Directive 2006/116/EC on the term of protection of copyright and certain neighbouring rights, published in the Official Journal of the European Union, series L, no. 265 of 11th of October 2011;j) Directive 2012/28/EU of the European Parliament and of the Council of the 25 th of October 2012 on certain permitted uses of orphan works, published in the Official Journal of the European Union, series L, no. 299 of 27th of October 2012;k) Directive 2014/26/EU of the European Parliament and of the Council of the 26 th of February 2014 on the collective management of copyright and neighbouring rights and the granting of multi-territorial licenses for the rights on the musical works for the online use on the internal market, published in the Official Journal of the European Union, series L, no. 84 of 20th of March 2014.l) Directive (EU) No. 2017/1.564 of the European Parliament and of the Council of the 13th of September 2017 on certain permitted uses of certain works and other subject-matter of copyright and neighbouring rights protection for the benefit of blind persons, visually impaired or of those encountering difficulties in reading printed materials, and amending the Directive 2001/29/EC on the harmonization of certain aspects of copyright and neighbouring rights in the information society, published in the Official Journal of the European Union (JOUE), series L, no. 242 of 20 th of September 2017.

Article 210The collective management organisations operating on the date of entry into force of this law are required to comply with the provisions of Article 151, within 6 months from the entry into force of this law.


Law no. 8/1996 on copyright and neighboring rights 2020 Article 211

The provisions of this law shall be complemented by the provisions of the common

law.

Article 212(1) This Law shall enter into force 90 days after its publication in the Official Gazette of Romania.


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