LAW

on copyright
and neighboring rights

114
 LAW
on copyright
and neighboring rights*

TITLE I
Copyright

PART I
General provisions

CHAPTER I
Introductory provisions
A r t . 1 . Ñ (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.
Art. 2. Ñ Acknowledgement 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
Art. 3. Ñ (1) An author shall be the natural person or
persons having created the work.
(2) In cases expressly provided by law, juristic persons and
natural persons other than the author may benefit from
the protection granted to the author.

* The Law No. 8/March 14, 1996 Ñ Law on copyright and neighboring
rights Ñ was published in the ÒMonitorul OficialÓ (Official Gazette of
Romania), Part I, No. 60 / March 26, 1996.

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Law No. 8/March 14, 1996 Law on copyright and neighboring rights

(3) The quality of subject of the copyright may be CHAPTER III

transmitted under the terms of the law. Object of copyright
Art. 4. Ñ (1) Unless proven otherwise, the author shall be
Art. 7. Ñ There shall constitute an object of the copyright
presumed to be the person under whose name the work was
the original works of intellectual creation in the literary,
for the first time made publicly known. artistic, or scientific domain, regardless of the manner of
(2) When the work was made publicly known in an creation, the concrete form or mode of expression, and
anonymus form or under a pen name which does not independently of their value and destination, such as:
permit the identification of the author, the copyright shall a) literary and publicistic writings, conferences, sermons,
be exercised by the natural or juristic person which makes pleadings, lectures, and any other written or oral works as
it publicly known only with the authorÕs consent, as long as well as computer programs;
the latter shall not disclose his or her identity. b) scientific works, written or oral, such as
Art. 5. Ñ (1) A joint work shall be a work created by communications, studies, university textbooks, school
several co-authors in collaboration. textbooks, scientific projects and documentations;
(2) The copyright in a joint work shall belong to its co- c) musical compositions with or without lyrics;
authors, among whom one may be the main author, under d) dramatic and dramatico-musical works, coreographic
the terms of the present law. and pantomimic works;
(3) Failing a convention to the contrary, co-authors cannot e) cinematographic works, as well as any other
exploit the work otherwise than by common agreement. audiovisual works;
Denial of consent on the part of anyone of the co-authors f) photographic works as well as any other works
shall have to be thoroughly justified. expressed by a procedure analogous to photography;
(4) In case that each co-authorÕs contribution is distinct, g) works of plastic art, such as: works of sculpture,
such contribution can be exploited separately, on conditions painting, graphics, engraving, lithography, monumental art,
that it shall not prejudice the exploitation of the joint work scenography (scene painting), tapestry, ceramics, glas and
or the rights of the other co-authors. metal plastics as well as works of art applied to products
designed for practical use:
(5) In the case of the utilization of a work created in h) works of architecture, sketches, scale models, and the
collaboration, the remuneration shall be due to the co- graphic works forming architectural projects;
authors in the proportions they shall have agreed upon.
i) plastic works, maps and drawings in the field of
Failing such a convention, the remuneration shall be divided topography, geography, and science in general.
in proportion to the parts of contribution of the authors or
Art. 8. Ñ Without being prejudicial to the rights of the
equally, if these cannot be established.
original workÕs authors, there shall also constitute an object
Art. 6. Ñ (1) A collective work shall be a work in which the of the copyright derived works which were created by
personal contributions of the co-authors form a whole, starting from one or more pre-existing works, namely:
without it being possible, given the nature of the work, to a) translations, adaptations, annotations, documentary
ascribe a distinct right to anyone of the co-authors on the works, musical arrangements, and any other conversions of
work created in its entirety. a literary, artistic, or scientific work, representing an
(2) Unless otherwise agreed, the copyright in a collective intellectual creative work;
work shall belong to the natural or juristic person on whose b) collected literary, artistic, or scientific works, such as
initiative, and under whose responsibility and name the encyclopedias and anthologies, collections and compilations
work was created. of material or data, protected or not, data bases included,

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which, by the selection or arrangement of the material, Art. 12. Ñ The author of a work shall have the exclusive
constitute intellectual creations. patrimonial right to decide whether, how, and when his or
Art. 9. Ñ There shall not benefit by the legal copyright her work shall be used or exploited, to consent to the use of
protection the following: the work by others inclusive.
a) ideas, theories, concepts, discoveries and inventions Art. 13. Ñ The use or exploitation of a work gives rise to
contained in a work, whatever might be the manner of its distinct and exclusive rights of the author to authorize:
adoption, writing, explaining or expression; a) the full or partial reproduction of his work;
b) official texts of a political, legislative, administrative or b) the circulation of the work;
judicial nature, and their official translations; c) the import with a view to trading on RomaniaÕs territory
c) official symbols of the State, public authorities, of copies from the work, achieved with the authorÕs consent;
organizations, such as the coat of arms, seal, flag, emblem, d) the representation on stage, recitation, or any other
escutcheon, badge, and medal; public manner of performance or of direct representation of
d) means of payment; the work;
e) news and press information; e) the public exhibition of plastic, applied, photographic,
f) simple facts and data. and architectural art works;
f) the public projection of cinematographic and of other
CHAPTER IV audiovisual works;
Content of copyright g) the brodcasting of a work by any means serving to the
wireless propagation of the signals, sounds or images, via
Art. 10. Ñ The author of a work shall have the following satellite inclusive;
moral rights: h) the transmission of a work to the public by wire, cable,
a) to decide if, how and when the work will be made optic fibre or any other procedure;
known to the public; i) the public communication through the agency of sound
b) to claim acknowledgement of the authorship of the and audiovisual recordings;
work; j) the simultaneous and integral, unaltered retransmission
c) to decide under what name the work will be made of a work by any of the means mentioned under paragraphs
known to the public; g) and h) by a broadcasting body, different from the body of
d) to claim the observance of the workÕs integrity and to origin of the radio broadcast or telecast work;
oppose any modification as well as any impairment of the k) the secondary circulation;
work, if it is prejudicial to his or her honour or reputation; l) the presentation in a public place, by any means, of a
e) to withdraw the work, indemnifying, if such be the radio broadcast or of a telecast work;
case, the holders of the exploitation rights, prejudiced by the m) the public access to computer data bases, in case these
exercise withdrawal right. data bases contain or constitute protected works.
Art. 11. Ñ (1) The moral rights cannot form the object of Art. 14. Ñ (1) By reproduction, within the meaning of the
renunciation or alienation. present law, shall be understood the making of one or more
(2) After the authorÕs death, the exercise of the rights copies of a work, in any material form, the making of any
provided under Article 10 paragraphs b) and d) shall be audiovisual recording of a work inclusive, as well as its
transmitted through inheritance, according to the civil permanent or temporary storage by electronic means.
legislation, over an unlimited period of time. If there are no (2) By circulation, in the sense of the present law, shall be
heirs, these rights shall revert to the Romanian Copyright understood the dealing out to the public of the original or
Office. copies of a work by selling, rental, lending, or by any other

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manner of transmission for a consideration or free of the public for this purpose. Public lending shall not need the
charge. authorÕs preliminary authorization.
(3) There shall not be considered circulation the (2) Public lending shall entitle the holder of the copyright
distribution to the public by the lending of a work free of to a fair remuneration.
charge, in case it is made through the agency of public (3) The provisions under paragraph (2) shall not apply to:
libraries. a) originals or copies of written works, in public libraries;
Art. 15. Ñ (1) The use or exploitation of a work in the b) projects of architectural structures;
modes provided under Art. 13 paragraphs d) and e) as well
c) originals or copies of art works applied to products
as in any other similar manner shall constitute public
intended for practical use;
communication.
d) originals or copies of works, for the purpose of their
(2) Any communication of a work shall be considered
public communication, or for use of which there exists a
public if it is made in a place open to the public or in any
contract;
place in which a number of people are gathering in excess
of the normal circle of the members of a family or of its e) reference works for immediate use or for lending
acquaintances, regardless of whether the members between institutions;
composing that public susceptible of receiving such f) works created by the author within the framework of
communications may or may not do it in the same place or the individual contract of employment, if they are used by
in different places, or at the same time or at different the authorÕs employer, as part of the usual activity.
moments. (4) The provisions under paragraph (2) shall not apply in
(3) The recirculation of the copies of a work shall not the case of the public lending made for educational or
require the copyright holderÕs authorization, except for their cultural purposes, through institutions acknowledged under
import or lending. the terms of the law or organized to this end by public
Art. 16. Ñ The author of a work shall have the exclusive authorities.
patrimonial right to authorize the translation, publication in (5) The public lending of works set in sound or
collections, adaptation as well as any other transformation of audiovisual recordings shall take place only after the passage
his or her work by which a derivative work is obtained. of six months since the first broadcast of the work and not
Art. 17. Ñ (1) The author of a literary or artistic work shall earlier.
benefit by the exclusive right to authorize the renting of the Art. 19. Ñ The right to public communication by means of
original and of the copies of his or her works, including the sound or audiovisual recordings shall represent the authorÕs
audiovisual works, the works included in a sound recording, exclusive right to authorize the communication to the public
in a computer program, or of a work which may be used by of readings, musical or stage interpretations or of any other
means of a computer or any other technical device, even forms of setting his or her work in sound or audiovisual
after their circulation in keeping with the authorÕs consent. recordings.
(2) The right to authorize the rental of a work shall A r t . 2 0 . Ñ The right to secondary circulation shall
represent an authorÕs exclusive right to provide for use the represent the authorÕs exclusive right to authorize the
original or copies of the work for a limited period of time communication of his or her work to the public subsequent
in exchange for a direct or indirect economic advantage. to the first circulation, by any of the means provided under
Art. 18. Ñ (1) Public leading shall consist in making Article 13 paragraphs g), h), i), j), and l).
available for a person, free of charge, for utilization, the Art. 21. Ñ (1) In case of each resale of a work of plastic art
original or a copy of a work, for a set period of time, at a public auction, or through the agency of an agent, or by
through the agency of an institution permitting the access of a merchant, the author shall be entitled to five per cent of

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Law No. 8/March 14, 1996 Law on copyright and neighboring rights

the selling price as well as of the right to be informed on the protection term shall be calculated, according to paragraph
workÕs whereabouts. (1), for each one of these components.
(2) The auctioneers, agents and merchants involved in the Art. 25. Ñ (1) The patrimonial rights, provided under
sale shall communicate to the author the information articles 13, 16, 17, 18, and 21 shall last throughout the
provided under paragraph (1) of the present article within authorÕs life, and after his or her death they shall be
two months after the selling day. They shall also be transmitted by inheritance, according to the civil legislation,
accountable for holding back of the five per cent quota from over a period of seventy years, whatever might be the date
the selling price as well as for the payment of that five per at which the work was legally made known to the public. If
cent quota to the author. there are no heirs, the exercise of these rights shall devolve
(3) The rights provided under the present article shall upon collective administration body mandated by the author
constitute the suite right, and shall not make the object of during his lifetime or, failing a mandate, to the collective
some renunciation or alienation. administration body with the greatest number of members
Art. 22. Ñ The owner or proprietor of a work is in duty from the respective domain of creation.
bound to permit the authorÕs access to it and to put it at his (2) The person who, after expiry of the copyright
or her disposal, if this fact is necessary for the exercise of his
protection, makes legally hnown to the public for the first
or her copyright, and on condition that the owner or
time a work unpublished before, shall benefit by a
possessorÕs legitimate interest should not thereby be
protection equivalent to that of the author's patrimonial
impaired. In this case, the owner or possessor may lay claim
rights.
to a sufficient guarantee for the security of the work, the
insurance of the work for an amount representing the The duration of the protection of these rights shall be of
market value of the original as well as an adequate twenty-five years, beginning after the moment when it was
remuneration from the author. legally made known to the public for the first time.
Art. 23. Ñ (1) The owner of the original of a work shall not Art. 26. Ñ (1) The term of patrimonial rights in works
have the right to destroy it before offering it to the author made known to the public under a pen-name or without
at the cost price of the material. indication of their author shall be of seventy years after
(2) If the returning of the original should not be possible, the date when they were made publicly known.
the owner shall allow the author to make a copy from the (2) When the author's identity shall be made known to
work in an adequate manner. the public before the expiry of the term provided under
(3) In the case of an architectural structure, the author paragraph (1), the provisions under Article 25 paragraph (1)
shall only have the right to make photographs of the work shall apply.
and to request the sending back of reproductions from the Art. 27. Ñ (1) The term of patrimonial rights in works
projects. made in collaboration shall be of seventy years after the
death of the last co-author.
CHAPTER V (2) In case that the contributions of the co-authors are
Duration of copyright protection distinct, the term of the patrimonial rights for each one of
Art. 24. Ñ (1) The copyright in a literary, an artistic, or a them shall be of seventy years after the death of each co-
scientific work arises from the moment of the workÕs author.
creation, regardless the concrete form or manner of Art. 28. Ñ The term of the patrimonial rights on collective
expression. works shall be of seventy years after the date when the
(2) If the work is created, in a period of time, in parts, works were made publicly known. In case this is not made
serials, volumes, or in any other form of continuation, the for a period of seventy years after the creation of the works,

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the term of patrimonial rights shall expire seventy years protection institutions, of isolated articles or of brief extracts
after the creation of the works. from works, to the extent to which it is justified by the
Art. 29. Ñ The term of patrimonial rights in applied art purpose pursued;
works shall be of 25 years after their creation. d) the reproduction of brief excerpts from works for
Art. 30. Ñ The patrimonial rights on computer programs information or research within the framework of libraries,
shall extend over the whole duration of their author's life, museums, film archives, sound archives, archives of cultural
and after his or her death shall be transmitted by or scientific non-profit public institutions; the integral
inheritance according to the civil legislation over a period of reproduction of a work's copy is allowed for its replacement,
fifty years. in case of destruction, of severe deterioration, or loss of a
Art. 31. Ñ Nonessential modifications, additions, cuttings single copy from the respective archive or library's
or adaptations made with a view to selection or arrangement permanent collection;
as well as the correction of a work or collection's content,
e) the reproduction, circulation, or communication to the
which are necessary for the continuation of the collection's
public for the purpose of information on current topics, of
activity in the way intended by the work's author shall not
short excerpts from press articles, and television or radio
extend the protection term of the said work or collection.
broadcast current reports;
Art. 32. Ñ The terms established in the present chapter
shall be calculated beginning on January 1 of the year after f) the reproduction, circulation, or communication to the
the author's death or the date when the work was made public of short fragments of lectures, allocutions, pleadings,
publicly known, as the case may be. and suchlike works orally expressed in public, on condition
that these uses shall have as single purpose information on
CHAPTER VI current events of the day;
Limitations of the exercise of copyright g) the reproduction, circulation, or communication to the
public of works as part of information on topical events, but
Art. 33. Ñ (1) The following uses of a work previously only to the extent justified by the purpose of information;
made known to the public shall be permitted without the h) the reproduction, with exclusion of any means coming
author's consent and without payment of a remuneration, on
in contact directly with the work, the circulation or
condition that these be in agreement with good usage,
communication to the public of the image of an
without running counter to the normal exploitation of the
architectural, plastic art, photographic, or applied art work
work, and without any prejudice to the author or to the
permanently located in public places, except for cases in
holders of the exploitation rights:
which the image of the work is the principal subject of
a) the reproduction of a work within the framework of
such a reproduction, circulation, or communication, and if
judicial or administrative proceedings, to the extent to which
it is used for commercial purposes;
it is justified by their purpose;
b) the use of brief quotations from a work for the purpose i) the representation and execution of a work as part of
of an examination, commentary, criticism, or the activities of educational institutions, exclusively to specific
exemplification, to the extent to which their use justifies the purposes and on condition that both the representation or
extent of the quotation; execution and the public's access be free of charge.
c) the use of isolated articles or brief excerpts from works (2) In the cases provided under paragraphs b), c), e), f),
in publications, television and radio broadcasts, or in sound and h) it shall be mandatory to mention the source and
or audiovisual recordings exclusively intended for teaching name of the author, if this appears on the work used, and
purposes as well as the reproduction, for teaching purposes in the case of plastic art or architectural works the place
within the framework of public educational or social where the original is to be found, too.

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Art. 34. Ñ (1) It shall not be a violation of the copyright, Art. 38. Ñ (1) The licence for broadcasting a work by
in the sense of the present law, the reproduction of a work wireless means shall also include the authorization for the
without the author's consent for personal use or that of a transmission of that work by wire, by cable, or by any other
normal family circle on condition that the work should have similar procedures, without payment of a separate
previously been made known to the public, and the remuneration, on condition that the broadcasting shall be
reproduction should not infringe the normal exploitation of made unaltered, simultaneously and integrally by the
the work or be prejudicial to the author or to the owner of original broadcasting body and that it should not exceed the
the exploitation rights. geographic zone for which the broadcasting right was
(2) For the physical supports on which sound or granted.
audiovisual recordings may be carried out, and for the (2) The provisions under paragraph (1) of the present
devices permitting their reproduction, in the situation article shall not apply in the case of digital broadcast of a
provided under paragraph (1), a remuneration established work by any means whatsoever.
according to the provisions under the present law shall be (3) Transfer of the right to communication to the public
paid. of a work by radio or television shall be entitled the right to
Art. 35. Ñ The modification of a work without the author's the broadcasting body of recording the work for its own
consent and without payment of a remuneration shall be wireless transmissions for the purpose of making solely
permitted in the following cases: once the authorized transmission to the public. In case of a
new broadcast of the work thus recorded, a new
a) if the modification is made privately, being neither authorization shall be required. If no such authorization be
intended nor made available to the public; requested within six months after the first broadcast, the
b) if the result of the modification is a parody or a recording shall have to be destroyed.
caricature, on condition that the result should not create
confusion with regard to the original work and its author; CHAPTER VII
c) if the modification is called for by the purpose of the Transfer of the patrimonial copyrights
use permitted by the author.
Art. 36. Ñ (1) Works shown in exhibitions accessible to the Section 1
public, in auctions, fairs, or collections may be reproduced Common provisions
in catalogues published and distributed for this purpose by Art. 39. Ñ (1) The author or the holder of the copyright
the organizers of such activities. may transfer by contract to other people only his
(2) In the cases mentioned under paragraph (1) it is patrimonial rights.
mandatory to indicate the source as well as the authorship (2) Transfer of the author's patrimonial rights may be
of the work, provided they are mentioned on the work used. limited to certain rights, for a certain territory, and for a
Art. 37. Ñ For the purpose of testing the functioning of certain period of time.
the products at the manufacturing or selling moment, the (3) The author's patrimonial rights or those of the holder
trading companies engaged in the production or sale of of the copyright may be transmitted by exclusive or non-
sound or audiovisual recordings, equipment for their exclusive transfer.
reproduction or public communication as well as the (4) In case of an exclusive transfer, not even the holder of
receiving equipment of radio and television broadcasts may the copyright himself shall be able to use the work anymore
128 reproduce and introduce extracts from works, on condition in the manners, in the territory and for the term agreed
that these operations be reduced to the dimensions required with the transferee nor shall he or she be any longer able to
for testing. transmit the respective right to another person. The

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exclusive right of the transfer must be provided expressly in remuneration. This shall be done taking into account the
the contract. amount of money usually paid for the same class of work,
(5) In case of a non-exclusive transfer, the holder of the the destination and term of exploitation as well as other
copyright may use the work himself, and may transmit the circumstances specific to the case.
non-exclusive right to other people, too. (3) In case of an obvious disproportion between the
(6) The non-exclusive transferee may not transfer his remuneration of the author of the work and the profits of
right to another person unless he has the granter's express the person, juristic or natural, having obtained the transfer
consent. of the patrimonial rights, the author may request the
(7) The transfer of one of the patrimonial rights of the competent jurisdictional bodies to revise the contract or to
copyright's titular shall not have any effect on his other increase the remuneration adequately.
rights unless differently agreed. (4) The author may not beforehand renounce the exercise
(8) The consent mentioned under paragraph (6) shall not of the right provided under paragraph (3).
be required in case the transferee as a juristic person shall Art. 44. Ñ (1) Failing a contract clause to the contrary, for
be changed by one of the modalities provided under the law. works created within the framework of individual
Art. 40. Ñ In case of the transfer of the reproduction employment contract, the patrimonial rights shall belong to
right of a work it shall be presumed that the right to the the author of the work created. If such a clause exists, this
circulation of the copies of such a work was also assigned, shall have to include the term for which the patrimonial
except the import right, if not otherwise provided by copyrights shall have been transferred. In absence of a
contract. precise statement of the term, this shall be of three years
Art. 41. Ñ (1) The transfer contract of the patrimonial after the date when the work is handed in.
rights shall stipulate the patrimonial rights transmitted, the (2) On expiry of the term mentioned under paragraph (1)
modalities of exploitation, the term and extension of the the patrimonial rights shall revert to the author.
transfer as well as the remuneration of the copyright's
holder. Absence of any of these provisions shall entitle the (3) The author of a work created within the framework of
interested party to request the cancellation of the contract. an individual employment contract shall preserve to himself
(2) The transfer ot the patrimonial rights with regard to the exclusive right of use of the work as part of the whole
the totality of the author's future works, named or un- of his or her creation.
named, shall be struck by absolute nullity. Art. 45. Ñ (1) Failing a convention to the contrary, the
Art. 42. Ñ The existence and content of the transfer holder of a copyright in a work appearing in a periodical
contract of the patrimonial rights may be proved only by its publication shall preserve the right to use it in any form
written form, except contracts having as object works used whatsoever on condition of causing no prejudice to the
in press. publication in which the work was issued.
Art. 43. Ñ (1) The remuneration due on the grounds of a (2) Failing a convention to the contrary, the holder of a
transfer contract of patrimonial right shall be established by copyright may dispose freely of the work, if it should not
agreement between the parties. The amount of the have been published within a month after its acceptance, in
remuneration shall be calculated either in proportion to the the case of a daily paper, or within six months, in the case
sums collected from the exploitation of the work, or as a set of other publications.
sum, or in any other way. Art. 46. Ñ (1) The order contract of a future work must
(2) When the remuneration has not been established by include both the term of handing in of the work by the
contract, the author may request the competent author as well as the term of acceptance of the work by the
jurisdictional bodies, according to the law, to establish the users.

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(2) The person ordering the work shall have the right to publisher, in exchange for a remuneration, the right to
terminate the contract, if the work should not meet the reproduce and circulate the work.
conditions established. In case of cancellation of the contract, (2) The convention by which the titular of a work's
the sums collected by the author shall not be refundable. If, copyright empowers a publisher at his or her expense to
in view of the creation of a work having been the object of reproduce and possibly to circulate the work shall not
an order contract and preparatory works shall have been constitute a publishing contract.
carried out, the author shall be entitled to the return of the (3) In the situation provided under paragraph (2) the
expenses incurred. provisions of common law with reference to the enterprise
Art. 47. Ñ (1) The author may request the cancellation of contract shall apply.
a cession contract of the patrimonial right in case that the Art. 49. Ñ The holder of the copyright can make over to
transferee fails to exploit it or exploits it to an insufficient the publisher the right of authorizing the translation and
extent, and if, thereby the author's justified interests are adaptation of the work, too.
considerably affected. Art. 50. Ñ The transfer to the publisher of the right to
(2) The author may not solicit the cancellation of the authorize other people to adapt the work or to use it in any
contract, if the motives of non-exploitation or of insufficient other way shall have to make the object of a distinct
exploitation shall be due to his own fault, to a third party's contract.
deed, to a fortuitous case or to a force majeure case. Art. 51. Ñ (1) The publishing contract must include clauses
(3) The cancellation of a transfer contract mentioned with regard to:
under paragraph (1) may not be requested before the expiry a) the term of the transfer;
of two years after the transfer of the patrimonial right on a
b) the exclusive or non-exclusive nature and the territorial
work. In the case of works ceded for daily publications, this
extension of the transfer;
term shall be of three months, and in the case of periodical
publications, of one year. c) the minimum and maximum number of copies;
(4) The owner of the original of a work of plastic or d) the author's remuneration, established under the terms
photographic art shall have the right to exhibit it publicly, of the present law;
even though it might not have been made known to the e) the number of copies reserved to the author free of
public, except the case in which the author shall have charge;
expressly excluded this right from the alienation act of the f) the term for the publication and circulation of the
original. copies of each edition or of each printing, as the case may
(5) The author may not renounce beforehand the exercise be;
of his or her right to solicit the cancellation of the transfer g) the term of handing over of the work's original by the
contract mentioned under paragraph (1). author;
(6) Gaining the ownership on the material support of the h) the control procedure of the number of copies
work shall not thereby impart a right of exploitation on the produced by the publisher.
work itself. (2) Absence of any of the clauses stipulated under
paragraphs a), b), and d) shall entitle the interested party to
Section 2 request the cancellation of the contract.
Publishing contract Art. 52. Ñ (1) The publisher who shall have acquired the
copyright of a work in form of a volume shall have, against
Art. 48. Ñ (1) The publishing contract is an instrument by other similar offerers at equal price, the prior publishing
which the holder of the copyright makes over to the right of the work in electronic form. The publisher must

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Law No. 8/March 14, 1996 Law on copyright and neighboring rights

make a written option within not more than thirty days offer them first to the author at the price obtainable by
after the author's written option was received. selling them for destruction.
(2) The right mentioned under paragraph (1) shall be Art. 57. Ñ (1) In case of the work's destruction owing to
valid for a period of three years after the date of the work's f o r c e m a j e u r e , the author shall be entitled to a
publication. remuneration, which shall be paid out to him or her only if
Art. 53. Ñ The publisher shall be under an obligation to the work had been published.
allow the author to make improvements or other (2) If a prepared edition should be totally destroyed owing
modifications of the work in case of a new edition, on to force majeure prior to its circulation, the editor shall be
condition that these improvements or modifications should entitled to prepare a new edition, and the author shall have
not essentially increase the publisher's costs, or change the the remuneration right only to one of these editions.
character of the work, if it is not otherwise stipulated in the (3) If a prepared edition should be partially destroyed,
contract. owing to f o r c e m a j e u r e before being circulated, the
Art. 54. Ñ The publisher shall have the right to make publisher shall be entitled to reproduce without payment of
over the publishing contract only with the author's consent. a remuneration to the author only as many copies as were
Art. 55. Ñ The publisher shall be under an obligation to destroyed.
return to the author the original of the work, the originals
of art works, illustrations, and any other documents received Section 3
for publication, if not otherwise agreed. Theatrical or musical performance contract
Art. 56. Ñ (1) Failing a convention to the contrary, the Art. 58. Ñ By the theatrical or musical performance
publishing contract shall cease after expiry of the term execution contract the holder of the copyright shall make
established, or after exhaustion of the last edition agreed. over to a natural or juristic person the right to perform or
(2) An edition or printing shall be considered exhausted execute in public a present or future literary, dramatic,
if the number of unsold copies is smaller than five per cent musical, dramatico-musical, coreographic work or a
of the total number of copies, and at any rate if it is smaller pantomime in exchange for a remuneration, and the
than one hundred copies. transferee shall be under an obligation to execute or to
(3) Should the publisher not have published the work perform it under the conditions agreed.
within the term agreed, the author may request, according Art. 59. Ñ (1) The theatrical or musical performance
to common law, the cancellation of the contract and contract shall be concluded in writing for a determined
damages for non-execution. In this case, the author shall period of time and for a set number of communications to
keep to himself the remuneration received, or may ask for the public.
the payment of the integral remuneration provided in the (2) The contract shall stipulate the term in which the
contract, as the case may be. first performance or only communication of the work shall
(4) If the term for the publication of the work is not take place, as the case may be, the exclusive or non-exclusive
stipulated in the contract, the publisher shall be under an character of the transfer, the area or territory covered, and
obligation to publish it within a term of not more than one the authors' remuneration.
year after the date of its acceptance. (3) The interruption of the performances for two
(5) In case that the publisher should intend to destroy the consecutive years, if no other term should have been
copies left over in stock after a period of two years from the provided in the contract, shall entitle the author to request
publishing date, and if no other period should be stipulated cancellation of the contract and damages for non-execution,
in the contract, the publisher shall be under an obligation to according to common law.

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(4) The beneficiary of a theatrical or musical performance (2) The author shall keep the copyright on the work
contract may not make it over to a third party, performance rented, except the right of circulation, if not otherwise
organizer, without the author, respectively his or her agreed.
representativeÕs consent, except the case of the concomitant, (3) The rental contract of a work shall be subject to the
total or partial, transfer of this activity. provisions of the common law with regard to the location
Art. 60. Ñ (1) The transferee shall be under an obligation to contract.
permit the author to control the performance or execution of the
work and to sustain adequately the achievement of the technical PART II
conditions for the interpretation of the work. Likewise, the
Special provisions
transferee must send to the author the programme, posters, and
other printed materials, reviews published on the performance,
if not otherwise provided in the contract. CHAPTER VIII
(2) The transferee shall be under an obligation to ensure Cinematographic works and other audiovisual works
the public execution or performance of the work under Art. 64. Ñ The autdiovisual work shall be a cinema-
adequate technical conditions as well as the observance of tographic work, or a work expressed by a procedure similar
the author's rights. to cinematography, which makes use of moving pictures or
Art. 61. Ñ (1) The transferee shall be under an obligation a combination of sound with pictures.
periodically to communicate to the holder of the copyriht
A r t . 6 5 . Ñ (1) The director or the producer of an
the number of performances or musical executions, as well
audiovisual work shall be the natural person assuming the
as the situation of the takings. To this end, the theatrical or
guidance of the creation and performing of the audiovisual
musical performance contract must also stipulate the periods
work in his quality as main author.
of communication but not less than once a year.
(2) The transferee must pay the author, at the terms (2) The producer of an audiovisual work shall be the
stipulated in the contract, the sums of money to the amount natural or juristic person assuming the responsibility of the
agreed upon. production of the work and in this quality organizes the
Art. 62. Ñ If the transferee fails to perform or execute the achievement of the work and provides the necessary
technical and financial means.
work within the set term, the author may solicit, according
to common law, cancellation of the contract and damages for A r t . 6 6 . Ñ Authors of the audiovisual work in the
non-performance. In this situation, the author shall keep to conditions provided under Article 5 of the present law
himself the remuneration received or may solicit payment of shall be the director or producer, the author of the
the full remuneration provided in the contract. adaptation, the author of the screenplay, the author of the
dialogue, the author of the musical score specially created
for the audiovisual work, and the author of the graphics
Section 4
for the animated works or animated sequences, when these
Rental contract
represent an important part of the work. In the contract
Art. 63. Ñ (1) By the rental contract of a work, the author between the producer and the director, the parts may agree
conveys the use for a fixed period of time of at least one to be included as authors of the audiovisual work other
copy of his or her work, in the original or a copy, especially creators, too, having substantially contributed to its
computer programs or works set in sound or audiovisual creation.
recordings. The transferee of the rental right contracts an Art. 67. Ñ (1) In case that one of the authors provided
engagement to pay a remuneration to the author for the under the previous article shall refuse to finish off his or her
period of use of that copy of the work. contribution to the audiovisual work, or shall be in a

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situation of impossibility to do so, this author may not 13 paragraphs a), b), c), f), g), h), i), j), k), and l), article 16,
oppose its use in view of finalizing the audiovisual work. article 17, and Article 18 as well as the right to authorize the
This author shall have the right to be remunerated for his dubbing and sub-titling, in exchange for a fair remuneration.
contribution so far. (2) Failing a convention to the contrary, the authors of an
(2) The audiovisual work shall be considered finished, audiovisual work as well as other authors of some
when the final version shall have been established by contributions to it shall preserve all rights on the separate
common agreement between the main author and the exploitation of their own contributions to it, under the terms
producer. of the present law.
(3) The destruction of the original support of the final Art. 71. Ñ (1) Failing a convention to the contrary, the
version of the audiovisual work in form of the standard remuneration for each mode of exploitation of the
copy shall be prohibited. audiovisual work shall be proportional to the gross earnings
(4) The authors of the audiovisual work, others than the resulted from the exploitation.
main author, may not oppose its being made known to the (2) The producer shall be under an obligation periodically
public as well as the exploitation in any way of its final to hand over to the authors an account of the takings after
version. each mode of exploitation. The authors shall receive their
Art. 68. Ñ (1) The right to an audiovisual adaptation shall due remunerations either through the producer, or directly
be an exclusive right of the holder of the copyright in a from the users, or through the bodies of collective
preexisting work to transform or to include it in an administration of the copyrights, on the basis of the general
audiovisual work. contracts concluded by these with the users.
(2) The transfer of the right provided under paragraph (1) (3) Should the producer fail to finalize the audiovisual
may be made only on the basis of a written contract work within a period of five years after the conclusion of the
between the holder of the copyright and the producer of the contract or should the producer fail to circulate the
audiovisual work, distinct from the publishing contract of audiovisual work within a year after it was finalized, the co-
the work. authors may request the cancellation of the contract, if not
(3) By conclusion of the adaptation contract, the holder of otherwise agreed.
a copyright in a pre-existing work transfers to a producer the
exclusive right of transformation and of inclusion of the CHAPTER IX
respective work in an audiovisual work. Computer programs
(4) The transfer granted by the holder of the copyright in
the pre-existing work should stipulate expressly the Art. 72. Ñ (1) Under the present law, the protection of
conditions of the production, circulation, and projection of computer programs shall include any expression of a
the audiovisual work. program, application programs and operation systems
Art. 69. Ñ The moral rights on a finished work shall be expressed in any kind of language, either in source-code, or
acknowledged only to authors established as stipulated object-code, the preparatory conceptive material as well as
under Article 66 of the present law. the handbooks.
Art. 70. Ñ (1) By contracts concluded between the authors (2) The operating methods, procedures, and ideas, the
of an audiovisual work and the producer, failing an mathematical concepts, and the principles underlying any
agreement to the contrary, it shall be presumed that these, element in a computer program, those underlying its
except the authros of the musical score specially created, interfaces inclusive, shall not be protected.
cede to the producer the exclusive rights with regard to the A r t . 7 3 . Ñ The author of a computer program shall
exploitation of t he work as a whole, provided under Article correspondingly benefit by the rights provided under the

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present law, in Part I of the present Title, particularly by the purpose of determining the principles and ideas underlying
exclusive right to realize and to authorize: any of its elements on the occasion of carrying out any
a) the temporary or permanent reproduction of a operation of loading into the memory, displaying,
program, integrally or partially, by any means, and under conversion, transmission or stocking of the program,
any form, the case in which the reproduction should be operations which the authorized user is entitled to carry out.
determined by the charging, displaying, transmission, or (3) The provisions under Article 10 paragraph e) of the
stocking the program on the computer; present law shall not apply to computer programs.
b) the translation, adaptation, arranging and any other Art. 78. Ñ The authorization of the copyright's holder
transformations operated on a computer program as well as shall not be mandatory when the reproduction of the code
the reproduction of the result of these operations without or translation of the form of this code should be
being detrimental to the rights of the person who transforms indispensable for obtaining information required for the
the computer program; interoperability of a computer program with other computer
c) the circulation of the original or of copies of a programs, if the following conditions should have been
computer program in any form, by rental inclusive. fulfilled:
A r t . 7 4 . Ñ Failing a convention to the contrary, the a) the translation and reproduction acts are carried out by
patrimonial copyrights on computer programs created by a person holding the right of use of a copy of the program,
one or several employees engaged in the exercise of service or by a person carrying out these actions in the name of the
powers and duties, or carrying out the instructions of the previous one, being duly authorized to this end;
person employing them shall belong to the latter. b) the necessary information for interoperability shall
Art. 75. Ñ (1) Failing a convention to the contrary, by a not be easily and rapidly accessible to persons provided
contract for the use of a computer program, it shall be under paragraph a) of the present article;
presumed that:
c) the acts provided under paragraph a) of the present
a) the user is granted the non-exlcusive right of using the
article are limited to parts of the program required for the
computer program;
interoperability.
b) the user may not transmit to another person the right
Art. 79. Ñ Information obtained by application of Article 78:
to use the computer program.
(2) The transfer of the right to use a computer program a) may not be used for other purposes than the
shall not imply the transfer of the copyright on it, too. realization of the interoperability of the independently
Art. 76. Ñ Failing a convention to the contrary, there created computer program;
shall not be submitted to an authorization of the copyright's b) may not be communicated to other people, except the
holder the deeds provided under Article 73 paragraphs a) case when the communication should prove necessary for
and b), if these are necessary to permit the acquirer to use the interoperability of the independently created computer
the computer program in a way corresponding to its program;
destination, for the correction of errors inclusive. c) may not be used for the finalizing, production, or
Art. 77. Ñ (1) The authorized user of a computer program trading of a computer program whose expression is basically
may, without the author's authorization, make an archive similar or by any other act that might damage the author's
copy or a safety copy, to the extent in which this is necessary rights.
for ensuring the use of the program. Art. 80. Ñ The provisions under articles 78 and 79 shall
(2) The authorized user of a computer program copy may, not apply if a prejudice is caused to the holder of the
without the authorization of the computer right's holder, copyright or to the normal exploitation of the computer
observe, study, or test the operation of this program, for the program.

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Art. 81. Ñ The provisions under Chapter VI of the present Art. 86. Ñ (1) The right of the author of a photographic
Title shall not apply to computer programs. work to exploit his or her own work should not be
prejudicial to the rights of the author of the art work
CHAPTER X reproduced in the photographic work.
Works of plastic art, architecture, and photography (2) The patrimonial rights on a photographic work created
in the execution of an individual labour contract or on
Art. 82. Ñ The natural or juristic person organizing art order shall be presumed to belong for a period of three
exhibitions shall be accountable for the integrity of the years to the employer or the person having ordered it, if not
works exhibited by taking the necessary measures for the otherwise provided under the contract.
removal of any risk. (3) Alienation of the negative of a photographic work
Art. 83. Ñ (1) The reproduction contract of an art work shall have as an effect the transmission of the patrimonial
should contain indications permitting the identification of rights of the holder of the copyright in it, if not otherwise
the work, such as a summary description, a sketch, a provided under the contract.
drawing, a photograph as well as references to the author's
Art. 87. Ñ (1) A person's photograph, when made on order,
signature.
may be published or reproduced by the person
(2) Reproductions shall not be put up for sale without the
photographed or that person's successors without the
copyright holder's approval of the copy that was submitted
author's consent, if not otherwise agreed.
to his or her examination.
(3) The author's name or pseudonym or any other sign (2) If the name of the author appears on the original
permitting the identification of the work should appear on photograph, it must be mentioned on the reproductions,
all of its copies. too.
(4) The original models and other elements having served
to the maker of the reproductions should be returned to CHAPTER XI
their holder with any title, if not otherwise agreed. Protection of the portrait, of the mail addresse and of
(5) Instruments specially created for the reproduction of the confidentiality of the information source
the work must be destroyed or rendered useless, if the
holder of the copyright on the work should not acquire Art. 88. Ñ (1) The circulation of a work containing a
them, and if not otherwise agreed. portrait shall require the authorization of the person
Art. 84. Ñ (1) Architectural and urbanistic studies and represented in that portrait. Its author, owner, or proprietor
projects exhibited close to the site of the architectural work shall not have the right to reproduce it or to communicate
as well as the construction achieved from them must bear it publicly without the represented personÕs consent, or the
written in a visible place the name of the author, if not consent of that personÕs successors, for a period of twenty
otherwise agreed by contract. years after the respective personÕs death.
(2) The construction of an architectural work totally or (2) Failing an agreement to the contrary, the authorization
partially realized after another project shall be made only shall not be required if the person represented in the
with the agreement of the copyright's holder on that project. portrait should be a professional model or have received a
Art. 85. Ñ (1) The photograms of cinematographic films remuneration for the sitting.
shall be considered photographic works. (3) The authorization shall not be necessary for the
(2) There shall not benefit by the legal protection of the circulation of a work containing the portrait:
copyright: photographs of letters, documents and acts of a) of a person generally known, if the portrait was taken
any kind, technical drawing, and other similar materials. on the occasion of that personÕs public activities;

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b) of a person whose representation constitutes only a representations, on any kind of material carrier, even
detail of a work representing an assembly, a landscape, or a electronic, permitting their perception, reproduction, or
public function. communication in any way whatsoever.
Art. 89. Ñ The circulation of a correspondence addressed Art. 94. Ñ There shall be acknowledged and protected as
to a person shall require the authorization of the addressee, holders of neighboring rights the interpreting or executing
and after the addresseeÕs death, for a period of twenty years, artists, for their own interpretations or executions, the
of the addresseeÕs successors, if the addressee should not producers of sound recordings, for their own recordings,
have expressed a different wish. and the television and radio broadcasting bodies, for their
Art. 90. Ñ The person represented in a portrait and the own broadcasts.
person to whom the correspondence is addressed may
exercise the right provided under Article 10 paragraph d) CHAPTER II
under the present law with regard to the circulation of the The rights of interpreting and performing artistes
work containing the portrait or correspondence, as the case
may be. Art. 95. Ñ In the sense of the present law, by interpreting
Art. 91. Ñ (1) At the authorÕs request, the publisher or or performing artistes shall be understood: actors, singers,
producer shall be under an obligation to observe the musicians, dancers, and other people presenting, singing,
confidentiality of the information sources used in the works dancing, reciting, uttering with rhetorical effect, acting,
and to refrain from publishing documents referring to it. interpreting, directing, conducting, or executing in any other
(2) The divulgation of the confidentiality shall be way a literary or artistic work, a performance of any kind,
permitted by the consent of the person who has entrusted folklore performances inclusive, variety, circus, or puppets.
it, or on the basis of a final and irrevocable judgment. Art. 96. Ñ The interpreting or executing artiste shall have
the following moral rights:
a) the right to claim the acknowledgment of the paternity
of his or her own interpretation, respectively execution;
TITLE II b) the right to claim that his or her name or pseudonym
Neighboring rights should be shown or communicated at each performance
and at each of its recordings;
CHAPTER I c) the right to claim the observance of the quality of his
or her renderings and to oppose any distortion, falsification,
Common provisions
or other substantial modification of his or her interpretation
Art. 92. Ñ (1) The neighboring rights shall not impair the or execution or any infringement of his or her rights that
copyrights. No provision of the present title shall be might gravely impair his or her honour or reputation;
interpreted in the sense of a limitation of the exercise of the d) the right to object to any utilization of his or her
copyright. performance if by this utilization serious injuries should
(2) Patrimonial rights acknowledged in the present be caused to his or her personality.
chapter may be transmitted, as a whole or in part, according Art. 97. Ñ (1) The rights provided under Article 96 may
to common law. These rights may form the object of an not form the object of some renunciation or alienation.
exclusive or non-exclusive transfer. (2) After the interpreting or executing artisteÕs death, the
Art. 93. Ñ In the sense of the present law, fixing shall be exercise of the rights provided under Article 96 shall be
considered to be the embodiment of codes, sounds, images, transmitted by inheritance, according to the civil legislation,
or of sounds and images, or of their numerical for an unlimited period of time.

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Art. 98. Ñ The interpreting or performing artiste shall (2) The provisions under articles 43, 44, and 68 paragraph
have the exclusive patrimonial right to authorize: (1) shall apply to interpreting or executing artistes, too.
a) the fixing of his or her rendering; Art. 102. Ñ The length of time of the patrimonial rights of
b) the reproduction of the fixed rendering; interpreting or executing artistes shall be of fifty years,
c) the circulation of the fixed rendering by selling, beginning after the date of the 1st of January of the year
renting, lending, or by any other mode of transmission for following upon that in which the first fixing took place, or,
a consideration or for free; failing which, the first communication to the public.
d) the presentation in a public place or the public
communication of the rendering fixed or not fixed on a CHAPTER III
material carrier; The rights of the producers of sound recordings
e) the adaptation of the fixed rendering;
f) the emission or transmission by television or radio Art. 103. Ñ (1) A sound recording or phonogram, in the
broadcasting of his or her rendering, fixed or not fixed on sense of the present law, shall be considered to be any
a material carrier, the retransmission by wireless means, by exclusively sonorous fixing of the sounds coming from the
wire, by cable, by satellite, or by any other similar interpretation or execution of a work or of other sounds or
procedure. of the numerical representations of these sounds, whatever
A r t . 9 9 . Ñ (1) Interpreting or executing artistes might be the method and the material carrier used for this
participating actively in the same rendering, such as fixing. An audiovisual fixing or the sound part of it or its
members of a musical group, of a choir, of an orchestra, of numerical representation shall not be considered a sound
a corps de ballet, or of a theatrical company shall have to recording.
designate a representative from among themselves for (2) The producer of sound recordings shall be the natural
granting the authorization provided under Article 98. or juristic person assuming the responsibility of organizing
(2) The representative shall be designated in writing, with and financing the realization of the first fixing of the
the agreement of a majority of the groupÕs members. sounds, whether this constitutes a work in the sense of the
(3) The director, the conductor, and the soloists shall be present law or not.
excepted from the provisions of the previous paragraphs. Art. 104. Ñ In the case of the reproduction and circulation
A r t . 1 0 0 . Ñ In case of a rendering effected by the of sound recordings, the producer shall be entitled to
interpreting or executing artiste within the framework of an inscribe on their material carrier, the covers, boxes, and
individual contract of employment the patrimonial right other material packing supports, in addition to the mentions
provided under Article 98 may be transmitted to the with regard to the author and interpreting or performing
employer on condition that the transmission of the right be artiste, the titles of the works and the manufacturing date,
expressly stipulated in the individual contract of the name and logotype of the producer.
employment. Art. 105. Ñ (1) The producer of sound recordings shall
Art. 101. Ñ (1) Failing a convention to the contrary, the have the exclusive patrimonial right to authorize:
interpreting or executing artiste having participated in the a) the reproduction of his or her own sound recordings;
realization of an audiovisual work or of a sound recording b) the circulation of his or her own sound recordings by
shall be presumed to cede to their producer the exclusive selling, renting, lending or in any other way of transmission
exploitation right of his or her rendering by fixing, for a consideration or for free;
reproduction, public communication and circulation. For the c) the emission or transmission by television or radio
public communication, the interpreting or executing artisteÕs broadcasting of his or her own sound recordings, the
due shall be of fifty per cent of the producerÕs takings. retransmission by wireless means, by wire, by cable, by

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satellite, or by any other similar procedure or means of (2) The remuneration provided under paragraph (1) shall
communication to the public; be paid by the manufacturers or importers of material
d) the introduction in a public place of his or her own carriers usable to the reproduction of the works, and by
sound recordings; the manufacturers or importers of devices permitting their
e) the adaptation of his or her own sound recordings; reproduction. The remuneration shall be paid at the
moment when these material carriers and devices shall be
f) the import into RomaniaÕs territory of legally realized
placed into circulation in the national territory and shall
copies of his or her own sound recordings.
represent five per cent of the selling price of the material
(2) Likewise, the producer of sound recordings shall have carriers and devices made in the home Country, respectively
the exclusive patrimonial right of preventing the import of five per cent of the price inscribed in the documents of the
copies from his or her own sound recordings realized Customs bodies for imported material carriers and devices.
without his or her authorization. (3) The remuneration provided under paragraph (1) shall
(3) The rights provided under paragraphs (1) and (2) shall be distributed through the agency of the collective
be transmitted by exclusive or non-exclusive transfer, under administration bodies between the authors, interpreting or
the terms provided for the copyright under articles 42 executing artistes, publishers, and producers, as follows:
and 43. a) in the case of sound works recorded on material
(4) The provisions under paragraph (1) sub-paragraph f) carriers, forty per cent of the remuneration shall be due, in
shall not apply when the import is made by a natural person negociable parts, to the authors and publishers of the
without commercial purposes. recorded works, and the remaining sixty per cent shall be
Art. 106. Ñ (1) The duration of the patrimonial rights of due, in equal parts, to the interpreting or executing artistes,
the producers of sound recordings shall be of fifty years, on the one hand, and the producers of sound recordings, on
beginning after the date of the 1st of January the following the other hand;
years of that in which the first fixing shall have taken place. b) in the case of audiovisual works recorded on material
(2) In case that the sound recording shall be made known carriers, the remuneration shall be divided in equal parts
to the public during this period, the duration of the between the authors, interpreting or performing artistes,
patrimonial rights shall expire after the passage of fifty and producers.
years after the date when it was publicly made known. (4) The collecting of the sums due on the grounds of
paragraph (1) shall be made by a single collective
CHAPTER IV administration body for a field designated by the Romanian
Provisions common to authors, interpreting Copyright Office. The distribution procedure of these sums
of money among the beneficiaries shall be established by a
or performing artistes, and to producers of sound
protocol negotiated among them.
and of audiovisual recordings
(5) The collective administration bodies collecting the
Art. 107. Ñ (1) The authors of sound or audiovisual works sums due on the grounds of paragraph (1) shall have the
recorded on any kind of material carriers shall have the right to request from the manufacturers and importers
right, together with the publishers and producers of the information regarding the situation of the sales and,
respective works and with the interpreting and performing respectively, imports of material carriers and devices and to
artistes whose performances and executions are fixed on check their exactness.
these material carriers to a compensatory remuneration for (6) The right provided under paragraph (1) cannot form
the private copy carried out under the terms set out under the object of a renunciation on behalf of the authors and of
Article 34 paragraph (2) under the present law. the interpreting or executing artistes.

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Art. 108. Ñ The remuneration provided under Article 107 CHAPTER V

shall not be paid in case the non-recorded video or audio Television and radio broadcasting bodies
material carriers manufactured in the Country or imported
are traded wholesale by the producers of audiovisual and Section 1
sound recordings, or by television and radio broadcasting The rights of television and radio broadcasting bodies
bodies for their own broadcasts.
Art. 109. Ñ (1) The authors and publishers of works fixed Art. 113. Ñ (1) Television and radio broadcasting bodies
on a graphic or analogous material carriers shall be entitled shall have the exclusive patrimonial right to authorize,
to a compensatory remuneration for the private copy under the authorized personÕs obligation to mention the
effected under the terms of Article 34 of the present law. name of the bodies, the following:
(2) The remuneration provided under paragraph (1) shall a) the fixing of their own radio or television programs;
be paid by the manufacturers or importers of devices b) the reproduction of their own radio or television
permitting the reproduction of works fixed on a graphic or programs fixed on any kind of material carrier;
analogous material carriers. The remuneration shall be paid c) the circulation of their own radio or television
at the moment when these devices shall be put into programs fixed on any kind of material carrier by selling,
circulation in the national territory, and shall represent five renting, lending, or by any other mode of transmission for
per cent of the selling price of the devices manufactured in a consideration or free of charge;
the country, respectively five per cent of the value inscribed d) the retransmission of their own radio or television
in customs documents for imported devices. programs by wireless means, by wire, by cable, by satellite,
(3) The remuneration provided under paragraph (1) shall or by any other similar procedure as well as in any other
be distributed through the agency of the collective mode of communication to the public;
administration bodies equally between the author and the e) the communication of their own radio or television
publisher. programs in a place accessible to the public against payment
(4) The collecting of sums due on the grounds of of an entrance-fee;
paragraph (1) shall be made by a single collective f) the adaptation of their own radio or television
administration body for each domain, designated by the programs fixed on any type of material carrier;
Romanian Copyright Office. The distribution procedure of g) the import into RomaniaÕs territory of legally realized
these sums of money among the beneficiaries shall be copies from their own radio or television programs fixed on
established by a protocol negociated among them. any kind of material carrier.
Art. 110. Ñ The provisions under articles 107 and 109 (2) Likewise, radio and television bodies shall have
shall not apply to the import of devices and material carriers the exclusive patrimonial right to prevent the import
for reproduction, effected by a person, without commercial of copies realized without their authorization, from
purpose. their own radio or television programs fixed on any
Art. 111. Ñ The circulation of the copies of an artistic type of material carrier.
performance or of a sound recording, subsequent to their (3) The rights provided under paragraphs (1) and (2) shall
first circulation, shall no longer require the neighboring be transmitted by exclusive or non-exclusive transfer under
rights titularÕs authorization, except for renting and for the terms provided for the copyright under articles 41
import. and 43.
Art. 112. Ñ The provisions under articles 33, 34, and 38 (4) The provisions of paragraphs (1) sub-paragraph f) shall
shall apply, similarly, to executing and interpreting artistes not apply when the import is made by a natural person
and to producers of sound recordings. without commercial purposes.

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Art. 114. Ñ The duration of the rights provided under the b) if no call is made on an ascensional linking station, but
present chapter shall be of fifty years beginning on the 1st the communication to the public has been authorized by a
of January of the year following upon that in which the first body whose seat is in Romania, the responsibility devolves
broadcast or transmission of the television or radio upon the body having authorized it.
broadcasting bodyÕs program had taken place. Art. 119. Ñ (1) The holders of the copyright or of the
A r t . 1 1 5 . Ñ The circulation of a radio or television neighboring rights may transfer their rights on public
program fixed on any kind of material carrier subsequent to communication via satellite only through a contract
the first circulations shall not require the neighboring rights concluded individually or through the agency of a collective
holderÕs authorization, except for renting. administration body.
Art. 116. Ñ The provisions under articles 33, 34, and 38 (2) The framework-contract concluded between a collective
shall apply similarly to television and radio broadcasting administration body and a television or radio broadcasting
bodies as well. body for the transmission of a class of works belonging to a
certain field shall produce its effects also against the holders
Section 2
of rights who are not represented by the collective
administration bodies, if this communication to the public
Public communication by satellite via satellite shall take place simultaneously with the
Art. 117. Ñ (1) Television and radio broadcasting bodies terrestrial circulation effected by the same circulating body.
having as an object of activity the public communication of The holder of rights not represented shall have the
programs by satellite shall have to develop their activity possibility at any moment to remove the generation of the
under observance of the copyright and of the neighboring framework-contractÕs effects by an individual contract.
rights protected by the present law. (3) The provisions under paragraph (2) shall not apply to
(2) In the sense of the present law, through public audiovisual works.
communication via satellite shall be understood the
introduction, under the control and responsibility of a Section 3
television and radio broadcasting body situated in RomaniaÕs Retransmission by cable
territory, of program bearing signals intended to be received Art. 120. Ñ In the sense of the present law, by public
by the public in an uninterrupted communication link communication realized via retransmission by cable shall be
leading to the satellite and returning to Earth. understood the integral, unchanged, and simultaneous
Art. 118. Ñ (1) In case that the signals bearing programs retransmission by cable or by a short wave circulation
are circulated in an encoded form, their introduction into system for the reception by the public of an initial
the communication link shall be considered public transmission of television or radio broadcasts circulated to
communication, if the decoding device of the broadcast is the public by wire or wireless.
put at the publicÕs disposal by the respective body or with its Art. 121. Ñ (1) The holders of the copyright or of the
consent. neighboring rights may exercise their rights to authorize or
(2) The responsibility of the public communication, in prohibit the retransmission by cable on the ground of
case the bearing signals are transmitted by a body situated contracts concluded through the agency of a collective
outside RomaniaÕs territory, shall be ensured as follows: administration body.
a) if the signals are transmitted to the satellite through (2) If some holders of rights shall not have entrusted the
the agency of an ascensional linking station situated in management of their rights to a collective administration
RomaniaÕs territory, the responsibility devolves upon the body, the body managing the rights from the same class
person exploiting the station; shall be considered de jure the manager of their rights, too.

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If in this field there be several collective administration administration. To this class belong especially the rights
bodies, the holder of rights may exercise an option among provided under article 13 paragraphs g), h), j), and l) and
them. The claiming of rights by these holders may be made articles 17, 18, 102, 107, and 109, under the present law.
within a term of three years after the date of the
retransmission by cable. Section 2
(3) The exercise of the retransmission right by cable by a Collective copyright and neighboring righs administration bodies
television and radio broadcasting body for its own programs
shall be made by contracts concluded with cable distributors. Ar t . 1 2 4 . Ñ Within the meaning of the present law,
(4) The retransmission by cable, without the rights collective copyright and neighboring rights administration
titularsÕ consent and without payment of a remuneration bodies, called collective administration bodies in the contents
shall be permitted only in the case of the public television of the law, shall be juristic persons constituted by free
and radio broadcasting bodiesÕ own programs with national association, having as main object of activity the collection
coverage as well as of those of the television and radio and distribution of the rights whose administration has
broadcasting bodies whose programs are retransmitted by been entrusted to them by the holders.
cable compulsorily, according to the regulations in force. A r t . 1 2 5 . Ñ (1) The collective administration bodies
A r t . 1 2 2 . Ñ If the conclusion of a contract for the provided under the present chapter shall be subject to the
retransmission by cable should fail to be agreed upon by the regulations with regard to non-profit associations and may
parties, they shall be free to appeal to arbitrators appointed acquire legal personality under the terms of the law, with
according to the provisions of the Code of civil procedure. the advisory opinion of the Romanian Copyright Office.
(2) These bodies shall be created directly by the holders
of the copyrights or of the neighboring rights: authors,
interpreting or executing artistes, producers, television and
TITLE III radio broadcasting bodies as well as other holders of
Management and protection of the copyright copyrights or of neighboring rights, natural or juristic
and of the neighboring rights persons. These bodies shall act within the limits of the
mandate entrusted, and on the basis of the statute adopted
by the procedure provided under the law.
CHAPTER I
(3) Collective administration bodies may be created
Management of the patrimonial
separately for the administration of distinct classes of rights,
copyrights and of the neighboring rights corresponding to different domains of creation as well as for
the administration of rights belonging to distinct classes of
Section 1 holders.
General provisions Art. 126. Ñ (1) The advisory opinion provided under
Art. 123. Ñ (1) The holders of the copyright and of the Article 125 paragraph (1) shall be vouchsafed to the collective
neighboring rights may exercise their rights acknowledged administration bodies having their seat in Romania, which:
by the present law personally or at their request by collective a) have to be constituted or function according to legal
administration bodies. regulations at the date of coming into force of the present
(2) The copyright and the neighboring rights, which, by law;
their nature, correspond to a mode of exploitation of the b) prove the existence of a repertory of works of their
works or performances, making the individual authorization members, and of the human and material means required
impossible, shall especially be susceptible to collective for its exploitation;

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c) have adopted a statute fulfilling the conditions incumbent on the body in the domain, appointed by the
provided under the present law; holder of the rights. The claiming of rights by these holders
d) have the legal and economic capacity to manage the may be made within a term of three years after the
rights all over the Country's territory; exploitation of the rights.
e) are accessible, according to the express provisions of Art. 129. Ñ (1) The mandate of collective management of
their own statute, to any holder of the copyright or of the patrimonial copyrights and neighboring rights shall be
neighboring rights from the domain for which they are set given either directly by the holders of the copyrights or of
up. the neighboring rights by written contracts, or by adequate
(2) The decision of the Romanian Copyright Office on the contracts concluded with foreign bodies administering
granting of the favourable advisory opinion to a collective similar rights.
administration body for exercising its rights shall be published (2) The provisions under Title I (Chapter VII, Section 1)
in the Monitorul Oficial (Oficial Gazette of Romania) at the shall not apply to the mandate contracts provided under
expenses of the collective administration body. paragraph (1).
Art. 127. Ñ The collective management body's statute shall (3) Any holder of a copyright or of neighboring rights may
have to include provisions with regard to: entrust by contract the exercise of his or her rights to a
a) the name, domain, and object of the activity, indicating collective administration body, the latter having to accept the
the rights it shall administer on the basis of the repertory of exercise of these rights on a collective basis, if the
works constituted to this end; administration of the class of rights in question comes
b) the conditions in which the administration of the within the compass of its statutory activity.
rights shall be achieved for their holders, on the basis of the (4) Collective administration bodies may not be habilitated
equality of treatment principle; to ensure the exploitation of works and of neighboring
c) the rights and obligations of their members in relations rights for which they received a collective administration
with the collective administration body; mandate.
d) the management and representation bodies, their
powers and duties, and functioning; Section 3
e) the provided economic resources and initial patrimony; Functioning of collective administration bodies
f) the rules applicable to the distribution of the collected Art. 130. Ñ (1) Collective administration bodies shall have
rights; the following obligations:
g) the modalities of establishing the commission owed by a) to grant to the users, by contract, in exchange of a
the holders of rights to the collective administration body, in remuneration, the non-exclusive authorizations to use the
view of covering the necessary functioning expenses; works or performances, respectively executions of the
h) the modalities of verifying the economic and financial titulars of the rights, in from of a non-exclusive transfer.
administration by members; b) to elaborate tables for their domain of activity,
i) any other compulsory provisions according to the including the patrimonial rights due as well as the
legislation in force. methodologies that have to be negotiated with the users in
Art. 128. Ñ In case that in a domain of creation there is view of the payment of these rights, in the case of those
more than one collective administration body, the competent works whose mode of exploitation makes impossible an
body, under the terms of the present law, shall be the one individual authorization by the holders of the rights.
to which the holder of the rights associated himself. In case c) to conclude, in the name of the holder of rights or on
that the holder of the rights should not be associated to any the basis of the mandate granted by similar bodies from
collective administration body, the competence shall be abroad, general contracts with the organizers of

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performances, television and radio broadcasting and cable commission, for each domain, shall be appointed by the
retransmission bodies, having as an object the authorization Romanian Copyright Office.
of the representation and circulation of present or future (3) The negotiated tables and methodologies shall be
works or performances inscribed in their repertory. presented for advice to the Romanian Copyright Office,
d) to represent the interests of their members in regard which shall forward them for approval to the Government
to the exploitation of their works outside Romania's territory within thirty days.
by the conclusion of bilateral contracts with similar bodies (4) In the situation in which, following upon the
from abroad as well as by affiliation to non-governmental negotiations, the commission failed to establish the tables
international bodies in the domain; and methodologies within ninety days after the day of its
e) to collect the sums of money due by the users and to constitution, the tables and methodologies shall be presented
distribute them among the holders of rights according to the for mediation to the Romanian Copyright Office. In view of
provisions under the statute; the mediation, the Romanian Copyright Office shall convoke
f) on request, to infrom the holders of the copyrights or the negotiating parties, examine their points of view, and
of the neighboring rights on the mode of use of their rights decide on the final form of the tables and methodologies,
and to apprise them of the yearly financial statement, and which it shall forward to the Government for approval,
of the financial accounting verification statement; within thirty days after the day of reception.
g) to give specialist assistance to the holders of rights, and (5) The tables and methodologies approved by
to represent them within the framework of legal procedures Government decision shall be compulsory for the users not
regarding the object of their activity; having participated in the negotiations, too.
h) to fulfill any other activity conformably to the mandate (6) The Romanian Copyright Office may be apprised with
received from the holders of the copyrights or of the a new advice application of the tables and methodologies in
neighboring rights, within the limits of their object of view of their modification by any of the parties having
activity; negotiated them, but not earlier than three years after their
approval with a view of the established percentage
i) to request the users to communicate information and
remuneration.
hand over documents indispensable for determining the
quantum of the remuneration and of the taxes they collect. (7) The remuneration established in a fixed amount of
money may be modified periodically by the collective
(2) The elaboration of the tables and methodologies administration bodies simultaneously with the indexation of
provided under paragraph (1) sub-paragraph b) shall be incomes established at national level. The new remuneration
made on the basis of their negotiation with the shall become effective beginning with the month following
representatives of the users employer's associations. upon its communication to the users.
Art. 131. Ñ (1) The tables and methodologies provided Art. 132. Ñ The collective administration of copyrights
under article 130 paragraph (1) sub-paragraph b) shall be and of neibhoring rights can be made only for works and
negotiated within the framework of a commission consisting performances having previously been made known to the
of: public.
a) one representative each of the principal collective Art. 133. Ñ (1) The collective administration bodies, within
administration bodies functioning in a domain; the negotiations carried on according to Article 130
b) one representative each of the principal employers paragraph (1) sub-paragraph b) in the name of the members
associations of users in a domain. whose rights they administer may not pretend more than
(2) Collective administration bodies as well as the ten per cent in all from the users for the copyrights, and,
employers associations of the users, represented in the respectively three per cent for the neighboring rights, from

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the gross takings, failing which, from the expenses Art. 135. Ñ (1) The collective administration bodies shall
occasioned by the utilization. be under an obligation to provide the Romanian Copyright
(2) The collection of the sums owed by the users shall be Office with information linked to the exercise of their own
made by a single collective administration body, for a duties and powers and to put at its disposal in the first
domain, appointed by the Romanian Copyright Office, on quarter of each year the yearly report approved by the
the criterion of representativity. The distribution of these statutory general assembly, and the report of the auditing
sums of money between the beneficiary collective commission on the verification of the economic and
administration bodies shall be made on the basis of a financial administration.
protocol negotiated among them. (2) In case that the collective administration body no
Art. 134. Ñ (1) The exercise of the collective administration longer fulfils the conditions provided under Article 124, or
manifestly and repeatedly infringes the obligations provided
entrusted by the mandate contract may not in any way
under Article 130 and under paragraph (1) of the present
restrain the patrimonial rights of the holders.
article, the Romanian Copyright Office may grant to the
(2) The collective administration shall be exercised collective administration body a term for abiding the law. As
according to the following rules: a result of the non-observance of these obligations, the
a) decisions regarding the methods and rules of collection Romanian Copyright Office may request a court to suppress
of the remuneration and of other sums of money from the the respective collective administration body.
users and those of their distribution among the holders of Art. 136. Ñ The existence of collective administration
rights as well as those regarding other more important bodies shall not prevent the holders of the copyrights and of
aspects of the collective administration shall have to be the neighboring rights from having recourse to specialized
taken by members according to the statute; agents, natural or juristic persons, to represent them at
b) the holders whose rights are managed by a collective individual negotiations regarding the rights acknowledged
administration body must periodically receive exact, under the present law.
complete and detailed information on all activities of the
collective administration body; CHAPTER II
c) failing an express authorization from the holders whose The Romanian Copyright Office
rights are administered, no remuneration perceived by a Art. 137. Ñ (1) At the date of the coming into force of the
collective administration body may be used for other present law, the Romanian Agency for the Copyright
purposes, such as cultural, or social ones, or to finance Protection, a specialized body subordinated to the Ministry
promotion activities other than those for covering the real of Culture, shall change its name to T h e R o m a n i a n
costs of the administration of the rights in question and to C o p y r i g h t O f f i c e , functioning as a specialized body
distribute to them the sums of money left over after subordinated to the Government, with single authority in
deduction of these costs; Romania's territory with regard to the situation, observation,
d) the sums of money collected by a collective and control of the application of the legislation in the
administration body, after deduction of the real costs of the domain of the copyright and of neighboring rights, the
collective administration, shall be taxed according to the functioning and investment expenses being wholly financed
legal provisions in the matter. After other deductions from the State budget. The Ministry of Finance shall make
authorized by the holders of rights, in agreement with the the adequate modifications in the State budget.
provisions under paragraph c), the respective sums of money (2) The Government shall appoint the director-general of
shall be distributed among the holders in proportion to the the Romanian Copyright Office as well as a number of
real use of their works. twenty arbitrators from among the candidates with a legal

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education designated by the collective administration bodies, g) to elaborate programs of instruction, practical and
associations of creators, interpreting or performing artistes, theoretical formation in the domain of the copyright and of
and of producers and bodies grouping entities whose neighboring rights;
professional activity is linked to the use of works as well as h) to keep up relations with similar specialized bodies
television and radio broadcasting bodies. and with international organization in the domain, in which
(3) The arbitrators shall not be employees of the the Romanian Government is part.
Romanian Copyright Office; they shall be entitled to a
remuneration for their participation in the mediation of CHAPTER III
the tables and methodologies for the collection of the rights Procedures and sanctions
administered by the collective administration bodies as
provided under Article 130 paragraph (1) sub-paragraph b) Art. 139. Ñ (1) Violation of acknowledged and guaranteed
of the present law. rights under the present law shall involve civil,
(4) Regulations approved by the Government shall contraventional, or criminal responsibility, as the case may
establish norms regarding the structure of the personnel, the be, according to the law. The procedural provisions shall be
organization and functioning of the Romanian Copyright those provided under the present law, completed with those
Office as well as the functioning of the arbitrators body. of the common law.
(2) Holders of violated rights may solicit the courts or
Art. 138. Ñ The duties and powers of the Romanian
other competent bodies, as the case may be, the
Copyright Office shall be:
acknowledgement of their rights, the finding of their
a) to organize and administer the record of works and of violation, and lay claim to redress of the prejudice in
authors received from the collective administration bodies agreement with legal rules.
for author's rights and neighboring rights; (3) In case of violation of rights acknowledged and
b) to grant advisory opinions on the constitution as protected under the present law, their holders may solicit
juristic persons under the terms of the law, of collective the court or any other competent bodies according to the
administration bodies and to follow up the application of the law, to dispose instantly the taking of measures for
legislation by the bodies whose constitution it had advised; preventing the production of imminent damages or for
c) to advise, under the terms of the law, the elaboration ensuring their redress, as the case may be.
and negotiation of the tables and methodologies established (4) Likewise, the holders of violated rights may solicit
by the collective administration bodies with the employers the court to dispose the application of any of the following
associations of the users; measures:
d) to exercise, at the request and expense of the holders a) the remittance of the takings realized by the illicit act,
of protected rights, functions of observation and control on or, if the prejudice may not be redressed in this way, the
the activities that might give rise to infringements of the remittance of the goods resulted from the illicit deed, in
legislation on the author's rights and neighboring rights; order to cover the prejudice incurred, with a view to their
e) to intervene, by way of mediation, in the negotiations turning to good account, up to the integral coverage of the
between the collective administration bodies and the users, prejudice caused;
as specified under Article 131 paragraph (4); b) the destruction of the equipment and means in the
f) to conclude finding statements on the infringements of property of the offender, whose unique or principal purpose
the law, under the terms provided by the Code of criminal was to produce the illicit act;
procedure, and to inform the competent bodies in the case c) the removal from the commercial circuit by
of offences for which the criminal procedure is initiated ex confiscation and destruction of the unlawfully effected
officio; copies;

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d) the publication in the mass media of the court's Art. 141. Ñ There shall constitute an offence and be
decision at the expense of the offender. punished with imprisonment from three months to five
(5) The provisions of paragraph (4) sub-paragraph c) shall years, or with fine from Lei 500,000 to Lei 10 million the
not apply to architectural constructions, if the destruction of deed of a person assuming without right the quality of
the building is not called for by the circumstances of the author of a work, or the deed of a person making publicly
respective case. known a work under another name than the one decided
Art. 140. Ñ There shall be an offence to be punished with upon by the author, unless the deed constitutes a more
imprisonment from one month to two years, or a fine from severe offence.
Lei two hundred thousand to Lei three million, unless it Art. 142. Ñ There shall constitute an offence and be
shall constitute a more severe offence, the deed of a person punished with imprisonment from three months to three
who, without having the authorization or consent, as the years, or with a fine from Lei 700,000 to Lei 7 million,
case may be, of the holder of the rights acknowledged by the unless the deed constitutes a more severe offence, the deed
present law: of a person who, without having the consent of the holder
a) makes a work publicly known; of the rights acknowledged by the present law shall:
b) represents scenically, recites, executes or presents a a) reproduce a work in toto or in part;
work directly, in any other public modality; b) circulate a work;
c) permits the public access to computer data bases, c) import for trading purposes in Romania's territory
containing or constituting protected works; copies from a work;
d) translates, publishes in collected works, adapts or d) exhibit publicly a work of plastic art, of applied art, of
transforms a work to obtain a derivated work; photographic or architectural art;
e) fixes on a support the performance of an interpreting e) project publicly a cinematographic work or another
or executing artiste; audiovisual work;
f) broadcasts or transmits by television or radio f) broadcast a work by any means serving the wireless
broadcasting a performance, fixed of not fixed on a material propagation of signals, sounds, or images, via satellite
carrier, or retransmits it by wireless means, by wire, by inclusive;
cable, by satellite, or by any other similar procedure, or by
g) transmit a work to the public by wire, by cable, by
any other means of communication to the public;
optic fibre, or by any other similar procedure;
g) presents in a public place the sound recordings of a
producer; h) retransmit a work by any means serving the wireless
propagation of signals, sounds, or images, via satellite
h) broadcasts or transmits by television or radio
inclusive, or retransmit a work by wire, by cable, by optic
broadcasting the sound recordings of a producer, or
fibre, or by any other similar procedure;
retransmits them by wireless means, by wire, by cable, by
satellite, or by any other similar procedure, or by any other i) broadcast or transmit in a place accessible to the public
means of communication to the public; a work transmitted by television or radio broadcasting;
i) fixes television or radio broadcasting programs or j) reproduce the performance of an interpreting or
retransmits them by wireless means, by wire, by cable, by performing artiste;
satellite, or by any other similar procedure, or by any other k) circulate the performance of an interpreting of
means of communication to the public; performing artiste;
j) communicates, in a place accessible to the public with l) reproduce the sound recordings of a producer;
payment of an entrance fee, television or radio broadcasting m) circulate the sound recordings of a producer, by
programs. renting inclusive;

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n) import for trading purposes into Romania the sound a) which were not yet made known to the public, and
recordings of a producer; whose authors are Romanian citizens;
o) reproduce radio or television programs fixed on any b) which were not yet made known to the public and
kind of material carrier; whose authors are natural or juristic persons whose domicile
p) circulate, by renting inclusive, radio or television or seat is in Romania;
programs fixed on any kind of material carrier; c) which were made known to the public for the first time
r) import for trading purpose into Romania radio or in Romania, or which were made known to the public for
television programs fixed on any kind of material carrier. the first time in another country and simultaneously, but
Art. 143. Ñ It shall be an offence to be punished with not later than thirty days, in Romania;
imprisonment from three months to two years, or a fine d) of architecture built in Romania's territory;
from Lei 500,000 to Lei five million, unless it shall constitute B. to performances of interpreting or performing artistes:
a more severe offence, the deed of a person who shall: a) which are taking place in Romania's territory;
a) put at the public's disposal by selling or in any other b) which are fixed in sound recordings protected under
way of transmission for a consideration or for free technical the present law;
means designed for the unauthorized erasing or neutralizing c) which were not fixed in sound recordings, but are
of the technical devices protecting a computer program; transmitted by television or radio broadcastings protected
b) refuse to declare to the competent bodies the origin of under the present law;
a work's copies, or the origin of the material carriers on C. to sound recordings:
which a performance, or a television or radio program is a) whose producers are natural or juristic persons having
recorded, which are protected on the grounds of the present their domicile or seat in Romania;
law, and shall be in that person's possession in view of b) whose first fixing on a material carrier had taken place
being circulated. for the first time in Romania;
Art. 144. Ñ The criminal action shall be set in motion in the c) made publicly known for the first time in Romania, or
case of the offences provided under articles 140, 141, and 142 made known to the public for the first time in another
paragraphs a), c), j), l), n), and o), at the preliminary complaint country and simultaneously, but not later than thirty days,
of the damaged person in the sense of the present law. in Romania;
A r t . 1 4 5 . Ñ The acts concluded by the Romanian D. to radio and television programs:
Copyright Office in the exercise of its control powers, a) broadcast by television and radio broadcasting bodies
according to Article 138 paragraphs d) and f), shall follow the having their seat in Romania;
conditions provided under Article 214 of the Code of b) transmitted by transmitting bodies having their seat in
criminal procedure. Romania.
Art. 147. Ñ Foreigners, holders of the copyright or of the
neighboring rights shall benefit by the protection provided
by international conventions, treaties, and agreements to
TITLE IV which Romania is party, failing which, they shall benefit by
Application of the law. a treatment equal to that of Romanian citizens, on condition
Transitory and final provisions that they, in their turn, should benefit by the national
treatment in the respective countries.
Art. 146. Ñ The provisions of the present law shall apply Art. 148. Ñ (1) The existence and content of a work may
in any of the following situations: be proved by any means of evidence, by its inclusion in the
A. to works: repertory of a collective administration body inclusive.

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(2) The authors and other holders of rights or holders of present law and for which the protection terms have expired
authors' exclusive rights, to which reference is made in shall be extended up to the protection term provided in the
the present law, shall have the right to inscribe on the present law. The extension shall produce effects only after
originals or authorized copies of the works the reservation the coming into force of the present law.
mention of their exploitation, consisting in the symbol C Art. 150. Ñ (1) The equipment, sketches, dummies or
surrounded by a circle, accompanied by their name, the models, manuscripts or any other goods that serve directly
place and year when first published. for the achievement of a work giving rise to a copyright may
(3) Producers of sound recordings, interpreting or not form the object of levying distraint by forced
performing artistes, and other holders of exclusive rights of prosecution.
the producers or of the interpreting or performing artistes (2) The sums of money due to authors as a result of the
to whom reference is made in the present law shall have the use of their works shall benefit by the same protection as
right to inscribe on the originals or authorized copies of the the wages, and may be prosecuted only under the same
sound or audiovisual recordings or on the cover in which terms. These sums of money shall be subject of taxation
they are contained a mention of protection of their rights, according to the fiscal legislation in the matter.
consisting of the symbol P surrounded by a circle, (3) Civil applications and actions arisen from relations
accompanied by their name, place and date when first regulated under the present law as well as the ways of
published. appeal related to them, introduced by holders of copyright
(4) Until otherwise proved, it shall be presumed that the or neighboring rights or by natural or juristic persons
exclusive rights signalled by the symbols C and P exist and representing them shall be exempt from stamp tax.
belong to the people having used them. Art. 151. Ñ Litigations with regard to the copyright and
(5) The provisions of paragraphs (2), (3), and (4) shall not neighboring rights shall come under the competence of the
condition the existence of the rights acknowledged and courts according the present law and to common law.
guaranteed under the present law. Art. 152. Ñ Collective administration bodies functioning at
(6) The authors of works and the holders of rights, the date of coming into force of the present law shall
simultaneously with the inclusion of the work in the compulsorily submit to the provisions under Article 125
repertory of the collective administration body may register within six months after the coming into force of the present
their literary or artistic name, too, exclusively with a view to law.
its being made publicly known. Art. 153. Ñ The provisions of the present law shall be
Art. 149. Ñ (1) Legal deeds concluded under the rule of completed by the provisions of the common law.
the previous legislation shall produce all their effects Art. 154. Ñ (1) The present law shall come into force
according to it, except clauses providing the transfer of the within ninety days after the date of its publication in the
exploitation rights of all future works the author may still ”Monitorul OficialÒ (Official Gazette of Romania).
create. (2) On the same date there shall be abolished the
(2) Works created prior to the coming into force of the Statutory Decree No 321 of June 21, 1956 on the copyright,
present law shall benefit by its protection, too, computer with its subsequent modifications as well as any other
programs, sound recordings, cinematographic or audiovisual provisions to the contrary.
works as well as programs of television and radio (3) Up to the approval of the tables and methodologies
broadcasting bodies inclusive, under the terms provided in negociated in keeping with the provisions under Article 131
paragraph (1). of the present law, there shall be applied the tariffs
(3) The duration of exploitation rights on works created established by the statutory instruments in force.
by authors deceased before the coming into force of the

168 169
 SUMAR
LEGE privind dreptul de autor ºi drepturile conexe ............................. 5

TITLUL I
Dreptul de autor.............................................................................................. 5
PARTEA I
Dispoziþii generale .......................................................................................... 5
CAPITOLUL I
Dispoziþii introductive ................................................................................... 5
CAPITOLUL II
Subiectul dreptului de autor........................................................................ 5
CAPITOLUL III
Obiectul dreptului de autor ......................................................................... 7
CAPITOLUL IV
Conþinutul dreptului de autor ..................................................................... 8
CAPITOLUL V
Durata protecþiei dreptului de autor.......................................................... 12
CAPITOLUL VI
Limitele exercitãrii dreptului de autor...................................................... 14
CAPITOLUL VII
Cesiunea drepturilor patrimoniale de autor ............................................ 17
Secþiunea 1
Dispoziþii comune ........................................................................................... 17
Secþiunea a 2-a
Contractul de editare ..................................................................................... 20
Secþiunea a 3-a
Contractul de reprezentare teatralã sau de execuþie muzicalã ........... 22
Secþiunea a 4-a
Contractul de închiriere ................................................................................ 24
PARTEA A II-A
Dispoziþii speciale ........................................................................................... 24
CAPITOLUL VIII
Operele cinematografice ºi alte opere audiovizuale............................... 24
CAPITOLUL IX
Programele pentru calculator ...................................................................... 27
CAPITOLUL X
Operele de artã plasticã, de arhitecturã ºi fotografice .......................... 29
CAPITOLUL XI
Protecþia portretului, a destinatarului corespondenþei ºi a secretului
sursei de informare ........................................................................................ 30

222 171
 TITLUL II SOMMAIRE
Drepturile conexe dreptului de autor........................................................ 31
CAPITOLUL I LOI sur le droit dÕauteur et les droits voisins .......................................... 59
Dispoziþii comune ........................................................................................... 31
CAPITOLUL II TITRE Ier
Drepturile artiºtilor interpreþi sau executanþi ......................................... 32 Le droit dÕauteur ............................................................................................. 59
CAPITOLUL III PARTIE Ire
Drepturile producãtorilor de înregistrãri sonore.................................... 34 Dispositions gŽnŽrales.................................................................................... 59
CAPITOLUL IV CHAPITRE Ier
Dispoziþii comune autorilor, artiºtilor interpreþi sau executanþi ºi Dispositions introductives............................................................................. 59
producãtorilor de înregistrãri sonore ºi audiovizuale ........................... 35
CHAPITRE II
CAPITOLUL V
Sujet du droit dÕauteur .................................................................................. 59
Organismele de radiodifuziune ºi de televiziune ................................... 37
CHAPITRE III
Secþiunea 1 Objet du droit dÕauteur ................................................................................. 61
Drepturile organismelor de radiodifuziune ºi de televiziune ............. 37
CHAPITRE IV
Secþiunea a 2-a Contenu du droit dÕauteur ........................................................................... 62
Comunicarea publicã prin satelit................................................................ 39
CHAPITRE V
Secþiunea a 3-a DurŽe de la protection du droit dÕauteur ................................................. 67
Retransmiterea prin cablu............................................................................ 40
CHAPITRE VI
Limites de lÕexercice du droit dÕauteur ..................................................... 68
TITLUL III CHAPITRE VII
Gestiunea ºi apãrarea dreptului de autor ºi a drepturilor conexe..... 41
Cession des droits patrimoniaux de lÕauteur ........................................... 72
CAPITOLUL I
Gestiunea drepturilor patrimoniale de autor ºi a drepturilor conexe... 41 Section 1re
Dispositions communes................................................................................. 72
Secþiunea 1
Dispoziþii generale .......................................................................................... 41 Section 2
Contrat dÕŽdition ............................................................................................. 75
Secþiunea a 2-a
Organismele de gestiune colectivã a dreptului de autor ºi a drepturilor Section 3
conexe ................................................................................................................ 41 Contrat de reprŽsentation thŽâtrale ou dÕexŽcution musicale............. 77
Secþiunea a 3-a Section 4
Funcþionarea organismelor de gestiune colectivã................................... 44 Contrat de location ......................................................................................... 79
CAPITOLUL II PARTIE II
Oficiul Român pentru Drepturile de Autor.............................................. 48 Dispositions spŽciales..................................................................................... 79
CAPITOLUL III CHAPITRE VIII
Proceduri ºi sancþiuni .................................................................................... 49 Oeuvres cinŽmatographiques et autres oeuvres audiovisuelles .......... 79
CHAPITRE IX
Logiciels............................................................................................................. 82
TITLUL IV
Aplicarea legii. Dispoziþii tranzitorii ºi finale.......................................... 53 CHAPITRE X
Oeuvres des arts plastiques, dÕarchitecture et photographiques......... 84
CHAPITRE XI
Protection du portrait, du destinataire de la correspondance et du
secret de la source dÕinformation ............................................................... 86

172 173
 TITRE II CONTENTS
Les droits voisins du droit dÕauteur........................................................... 87
CHAPITRE Ier LAW on copyright and neighboring rights .............................................. 117
Dispositions communes................................................................................. 87
CHAPITRE II TITLE I
Droits des artistes-interpr•tes ou exŽcutants............................................ 87 Copyright........................................................................................................... 117
CHAPITRE III
Droits des producteurs dÕenregistrements sonores ................................ 89
PART I
General provisions .......................................................................................... 117
CHAPITRE IV
Dispositions communes aux auteurs, aux artistes-interpr•tes ou exŽcutants CHAPTER I
et aux producteurs dÕenregistrements sonores et audiovisuels........... 91 Introductory provisions ................................................................................. 117
CHAPITRE V CHAPTER II
Organismes de radiodiffusion et de tŽlŽvision........................................ 93 Subject matter of copyright.......................................................................... 117
Section 1re CHAPTER III
Droits des organismes de radiodiffusion et de tŽlŽvision .................... 93 Object of copyright ......................................................................................... 119
Section 2 CHAPTER IV
Communication publique par satellite ...................................................... 94 Content of copyright ...................................................................................... 120
Section 3 CHAPTER V
Retransmission par câble.............................................................................. 96 Duration of copyright protection ................................................................ 124
CHAPTER VI
TITRE III Limitations of the exercise of copyright ................................................... 126
La gestion et la protection du droit dÕauteur et des droits voisins.... 97
CHAPTER VII
CHAPITRE Ier Transfer of the patrimonial copyrights ..................................................... 129
Gestion des droits patrimoniaux dÕauteur et des droits voisins ......... 97
Section 1
Section 1re Common provisions ....................................................................................... 129
Dispositions gŽnŽrales.................................................................................... 97
Section 2
Section 2 Publishing contract......................................................................................... 132
Organismes de gestion collective du droit dÕauteur et des droits voisins .... 97
Section 3
Section 3 Theatrical or musical performance contract............................................ 135
Fonctionnement des organismes de gestion collective.......................... 100
Section 4
CHAPITRE II
LÕOffice roumain pour les droits dÕauteur ............................................... 104 Rental contract................................................................................................. 136

CHAPITRE III PART II

ProcŽdures et sanctions ................................................................................. 106 Special provisions ........................................................................................... 137
CHAPTER VIII
Cinematographic works and other audiovisual works .......................... 137
TITRE IV
LÕapplication de la loi. Dispositions transitoires et finales .................. 110 CHAPTER IX
Computer programs ....................................................................................... 139
CHAPTER X
Works of plastic art, architecture, and photography ............................. 142
CHAPTER XI
Protection of the portrait, of the mail addresee
and of the confidentiality of the information source............................ 143

174 175
 TITLE II
Neighboring rights.......................................................................................... 144
CHAPTER I
Common provisions ....................................................................................... 144
CHAPTER II
The rights of interpreting and performing artistes................................ 145
CHAPTER III
The rights of the producers of sound recordings ................................... 147
CHAPTER IV
Provisions common to authors, interpreting or performing artistes,
and to producers of sound and of audiovisual recordings .................. 148
CHAPTER V
Television and radio broadcasting bodies ................................................ 151
Section 1
The rights of television and radio broadcasting bodies ........................ 151
Section 2
Public communication by satellite ............................................................. 152
Section 3
Retransmission by cable................................................................................ 153

TITLE III
Management and protection of the copyright
and of the neighboring rights ..................................................................... 154
CHAPTER I
Management of the patrimonial copyrights
and of the neighboring rights ..................................................................... 154
Section 1
General provisions .......................................................................................... 154
Section 2
Collective copyright and neighboring rights administration bodies ... 155
Section 3
Functioning of collective administration bodies..................................... 157
CHAPTER II
The Romanian Copyright Office ................................................................. 161
CHAPTER III
Procedures and sanctions ............................................................................. 163

TITLE IV
Application of the law. Transitory and final provisions ....................... 166

Editor: Regia Autonomã ”Monitorul OficialÒ, Bucureºti

Coli tipo: 11; Format: 16/61x86; Hârtie: bibliofil 70x100
Coperta: carton Kunstdruck 70x100/140
Bun de tipar: 11 septembrie 1996; Apãrut: 1996
Imprimeria: ”Monitorul OficialÒ, Bucureºti, str. Jiului nr. 163, sectorul 1