Copyright Law in Romania: Law no. 8/1996 (updated 2018)

Copyright law in Romania: Law no. 8/1996 on copyright and related rights (updated 2018)


Law no. 8/1996 on authors' rights (droit d’auteur / copyright) and neighbouring rights (updated 2018)

Republished in the Official Gazette of Romania, Part I no. 489 of 14 June 2018


Includes also the amendments brought by Law no. 203/2018 on measures to increase the efficiency of the payment of fines. 

(not an official translation! 
automatic translation) 

(yellow marked provisions are of interest to photographers) 



TITLE I Copyright AUTHORITY PART I General provisions CHAPTER I Introductory provisions 



Art. 1. - 
(1) Copyright on a literary, artistic or scientific work, as well as other works of creation intellectual property is recognized and guaranteed under the present law. This right is related to the person of the author and has moral and economic (patrimonial) attributes.

(2) The work of intellectual creation is recognized and protected, independent of the public awareness, by the simple fact of its creation, even in its unfinished form. 

Art. 2. - 
Recognition of the rights provided by the present law does not prejudice or exclude the protection granted by other legal provisions. 

CHAPTER II The Subjects of Copyright


Art. 3. - 
(1) Is the natural person or natural persons who created the work. 

(2) In cases expressly provided by law, legal and natural persons other than the author may benefit from the protection granted to the author. 

(3) The subject matter of the copyright may be transmitted in accordance with the law.

(4) The natural or legal persons who have acquired this quality by inheritance or assignment under the law, as well as the publishers of musical works and written works, for the rights they have been granted, are recognized and protected as holders of copyright transferred on the basis of individual agreements and entitled to at least part of the income from rights. 

(5) Any natural or legal person who takes actions subject to authorization by the authors or right-holders, their remuneration or the payment of compensation to them and who does not act as a consumer is considered to be a user. 

Art. 4. -
(1) It is presumed to be the author, unless proved otherwise, the person under whose name the work was first brought to public knowledge. 

(2) When the work has been made public in anonymous form or under a pseudonym that does not allow the identification of the author, the copyright shall be exercised by the natural or legal person making it public with the consent of the author, as long as he does not disclose his identity . 

Art. 5. - 
(1) A joint work is created by several coauthors, in collaboration. 

(2) The copyright of the joint work belongs to its co-authors, one of which may be the principal author, under the terms of this law.

(3) Unless otherwise agreed, co-authors may only use the work by mutual agreement. The refusal of consent from any of the co-authors must be duly justified. 

4. If the contribution of each co-author is distinct, it may be used separately, provided that the use of the joint work or the rights of the other co-authors is not prejudiced. 

(5) When using the work created in collaboration, the remuneration is due to the co-authors in the proportions they have agreed upon. In the absence of a convention, the remuneration shall be apportioned in proportion to the parties' contributions or equally if they can not be established. 

Art. 6. -
(1) It is a collective work in which the personal contributions of the co-authors form a whole, without being possible, given the nature of the work, to assign a distinct right to one of the coauthors to the whole of the created work. 

(2) Unless otherwise agreed, the copyright of the collective work belongs to the natural or legal person on the initiative, under the responsibility and under whose name it was created. 

CHAPTER III Object of Copyright


Art. 7. - 
The copyright of the original works of intellectual creation in the literary, artistic or scientific field, regardless of the way of creation, the way or the form of expression and regardless of their value and purpose, such as:

a) literary and publicistic writings, conferences, sermons, pleadings, lectures and any other written or oral works, as well as computer programs; 

b) scientific, written or oral works such as communications, studies, university courses, school textbooks, scientific projects and documentation; 

c) musical compositions with or without text; 

d) dramatic, dramatic and musical works, choreographic works and pantomime; 

e) cinematographic works, as well as any other audiovisual works; 

f) photographic works, as well as any other works expressed by an analogue process of photography;

g) works of graphic or plastic art, such as sculpture, painting, engraving, lithography, monumental art, scenography, tapestry, ceramics, glass and metal, drawings, designs and other works of art intended for practical use; 

h) architectural works, including drawings, layouts and graphic works that make up architectural projects; 

(i) plastic works, maps and drawings in the field of topography, geography and science in general. 

Art. 8. - 
Without prejudice to the rights of the original work author, copyright is also the subject of copyright created by derivative works that have been created from one or more preexisting works, namely:

(a) translations, adaptations, annotations, documentary work, musical arrangements and any other transformation of a literary, artistic or scientific work which is an intellectual creative work; 

(b) collections of literary, artistic or scientific works such as encyclopedias and anthologies, collections or compilations of materials or data, whether or not protected, including databases, which, by choosing or arranging material, are intellectual creations. 

Art. 9. - 
The following shall not benefit from the legal protection of copyright:

a) ideas, theories, concepts, scientific discoveries, processes, methods of operation or mathematical concepts as such and inventions contained in a work, whatever the way of taking, writing, explaining or expressing; 

b) official texts of political, legislative, administrative, judicial and official translations; 

c) official symbols of the state, public authorities and organizations such as: the coat of arms, the seal, the flag, the emblem, the coat of arms, the badge, the badge and the medal; 

d) means of payment; 

e) news and press information; 

f) simple facts and data. 

CHAPTER IV Content of Copyright


Art. 10. - 
The author of a work has the following moral rights

a) the right to decide whether, how and when the work will be brought to public attention; b) the right to claim recognition as the author of the work; c) the right to decide under what name the work will be brought to the attention of the public; (d) the right to claim respect for the integrity of the work and to object to any alteration, and to any prejudice to the work, if it prejudices its honor or reputation; (e) the right to withdraw the work, compensating, where appropriate, the right holders who have suffered damage as a result of the withdrawal. 

Art. 11. - (1) The moral rights can not be subject to renunciation or alienation.

(2) After the death of the author, the exercise of the rights provided by art. 10 lit. (a), (b) and (d) shall be transmitted by inheritance, under civil law, for an unlimited duration. If there are no heirs, the exercise of these rights rests with the collective management body which has managed the rights of the author or, as the case may be, the body with the largest number of members in the field of creation. 

Art. 12. - 
The  author of a work has the exclusive right of property to decide whether, how and when its work will be used, including consent to the use of the work by others. 

Article 13 - 
The use of a work gives rise to distinct and distinct patrimonial, authoring or prohibiting rights of the author:

a) reproduction of the work; 

b) distribution of the work; 

c) importing the children, with the consent of the author, after the work, for the purpose of marketing in the domestic market; 

d) renting the work; 

e) the loan of the work; 

f) the public communication, directly or indirectly, of the work by any means, including by making the work available to the public so that it can be accessed at any place and at any time individually chosen by the public; 

g) the broadcasting of the work; 

h) cable retransmission of the work; 

i) the production of derivative works. 

Art. 14. -
Reproduction within the meaning of this law means the realization, in whole or in part, of one or more copies of a work, directly or indirectly, temporarily or permanently, by any means and in any form including the making of any sound or audiovisual recording of a work, as well as its permanent or temporary storage by electronic means. 

Art. 15 - 
(1) For the purposes of this Law, distribution means the sale or any other means of transmission, whether for consideration or free of charge, of the original or copies of a work and the public offering thereof.

2. The right of distribution shall be exhausted on the first sale or on the first transfer of ownership of the original or of the copies of a work in the domestic market by the rightholder or with his consent. 

Art. 16. - 
Import, within the meaning of this law, means the introduction on the internal market, with the purpose of commercialization, of the original or legally produced copies of a work fixed on any support. 

Art. 17. - 
For the purposes of this Law, the lease means the making available for use for a limited time and for a direct or indirect economic or commercial advantage of a work. 

Art. 18. -
(1) For the purposes of this Law, a loan means making available for use, for a limited time and without a direct or indirect economic or commercial advantage, a work through an institution which allows public access to that purpose. 

(2) The loan made through libraries does not require the author's authorization and entitles him / her to a fair remuneration. This right can not be waived. 

(3) The fair remuneration provided in paragraph (2) is not due if the loan is made through the libraries of educational institutions and public libraries with free access. 

(4) The lending of works fixed in sound or audiovisual recordings may take place only six months after the first distribution of the work.

5. The right of borrowing shall not be exhausted upon the first sale or first transfer of ownership of the original or of the copies of a work, on the market, made or agreed by the right holder. 

Article 19. - The 
provisions of this Lease and Loan Act do not apply to: 

a) constructions resulting from architectural projects; 

(b) the originals or copies of applied works of art or design used for the manufacture of consumer products; 

(c) the originals or copies of works made for the purpose of communication to the public or for whose use there is a contract; 

d) reference works for immediate consultation or for loan between institutions;

e) the works created by the author within the individual labor contract, if they are used by the person who hired the author in the ordinary activity. 

Art. 20. - 
(1) Any communication of a work, made directly or by any technical means, made in a place open to the public or in any place where a number of persons exceeding the normal circle of members of a family and their knowledge , including stage representation, recitation or any other public way of execution or direct presentation of the work, public display of works of fine art, applied art, photographicand public display of cinematographic works and other audiovisual works, including works of digital art, presentation in a public place through sound or audiovisual recordings and presentation in a public place, by any means, of a broadcasting work. Any communication of a work, whether by wire or wireless means, made by making it available to the public, including via the Internet or other computer networks , shall be publicly disclosed in such a way that any member of the public can access it from any place or at any time individually chosen. 

(2)The right to authorize or prohibit public communication or the making available to the public of works shall not be deemed to be exhausted by any act of communication to the public or making it available to the public. 

Art. 21 - 
For the purposes of this Act, broadcasting means: 

a) the broadcasting of a work by a broadcasting or television broadcaster by any means used for the wireless propagation of signs, sounds or images or their representation , including its public communication via satellite, for the purpose of reception by the public; 

(b) the transmission of a work or its representation, by wire, by cable, by optical fiber or by any other similar process, with the exception of computer networks, for the purpose of reception by the public.

Article 22 - 
By cable retransmission, within the meaning of this law, is meant simultaneous, unalterable and full retransmission by an operator, by the means provided in art. 21 lit. (b) or by an ultra-short wave propagation system for the reception by the public of an initial broadcast, whether wireless or by satellite, of radio or television program services for reception by the public. 

Art. 23. - 
For the purpose of the present law, the creation of derivative works means the translation, publication in collections, adaptation, and any other transformation of a pre-existing work, if it is intellectual creation. 

Art. 24. -
(1) The author of an original graphic or plastic artwork or of a photographic work shall enjoy a right to sue, representing the right to collect a share of the net selling price obtained at any resale of the work after the first sale by the author, as well as the right to be informed about where his work is located. 

(2) The right mentioned in par. (1) shall apply to all acts of resale of an original work of graphic or plastic art or of a photographic work involving sellers, buyers or intermediaries, salons, art galleries, and any tradesman of works of art. 

(3) For the purposes of this Law, copies of the original works of art or photographic works, which were made in a limited number by their author himself or with his approval, are considered to be original works of art. 

(4) The amount due under par. (1) shall be calculated according to the following quotas, without exceeding 12,500 euro or the equivalent in lei: 

a) from 300 to 3,000 euros - 5%; 

b) from 3,000,01 to 50,000 euros - 4%; 

c) from 50,000.01 to 200,000 euros - 3%; 

d) from 200,000.01 to 350,000 euros - 1%; 

e) from 350.000,01 to 500.000 euro - 0.5%; 

f) over 500,000 euros - 0,25%.

(5) The seller must inform the author of the information provided in par. (1), within two months from the date of sale, being responsible for retaining the percentages or quotas of the sale price, without the addition of other taxes, and paying to the author of the amount due according to the provisions of paragraph (4). 

(6) The beneficiaries of the right of the court or their representatives may request, for a period of 3 years from the date of resale, the persons referred to in par. (2) information necessary to secure payment of the amounts due according to the provisions of paragraph (4). 

(7) The right to sue may not be subject to renunciation or alienation. 

Art. 25. -
The owner or owner of a work is obliged to allow the author of the work to be made available and made available to him if this is necessary for the exercise of his copyright and provided that the legitimate interests of the owner or the owner are not thereby impaired . In such a case, the owner or the owner may claim to the author of the work a sufficient guarantee for the security of the work, ensuring it at an amount representing the market value of the original, as well as an appropriate remuneration. 

Art. 26. - 
(1) The owner of the original of a work has no right to destroy it before giving it to the author at the cost of the material.

(2) If it is not possible to return the original, the owner shall allow the author to make a copy of the work in the appropriate manner. 

(3) In the case of an architectural structure, the author only has the right to take photographs of the work and to require the owner to send the reproduction of the projects. 

CHAPTER V 
Duration of the Protection of Copyright

Art. 27. - 
(1) The copyright of a literary, artistic or scientific work is born from the moment of creation of the work, whatever the way or the concrete form of expression.

(2) If the work is created over a period of time in parts, series, volumes and in any other creative development, the term of protection shall be calculated, according to par. (1) for each of these components. 

Art. 28. - 
(1) The patrimonial rights provided under art. 13 and 24 last throughout the life of the author, and after his death he is transferred by inheritance, under civil law, for a period of 70 years, whatever the date when the work was publicly disclosed to the public. If there are no heirs, the exercise of these rights rests with the collective management body mandated during the lifetime by the author or, in the absence of a mandate, the collective management body with the largest number of members in the field of creation.

(2) Any person who, after the cessation of copyright protection, legally confers for the first time a previously unpublished work before, enjoys protection equivalent to that of the patrimonial rights of the author. The duration of the protection of these rights is 25 years from the time it was first brought to the public's attention legally. 

Art. 29. - 
(1) The duration of the patrimonial rights on publicly produced works legally, pseudonymously or without indication of the author, shall be 70 years from the date of their public disclosure.

(2) If the identity of the author is made known to the public prior to the expiration of the term stipulated in paragraph (1) or the pseudonym adopted by the author leaves no doubt about the identity of the author, the provisions of art. 28 par. (1). 

Art. 30. - 
(1) The duration of the patrimonial rights over collaborative works is 70 years after the death of the last coauthor. 

(2) If the contributions of the co-authors are distinct, the duration of the patrimonial rights for each of them is 70 years after the death of each co-author.

(3) The term of protection of a musical composition with text shall cease 70 years after the death of the last survivor between the composer and the lyricist, whether or not they have been designated as coauthors, provided that the contribution made to that musical composition with text is was specifically created for it. 

Art. 31. - 
The duration of patrimonial rights over collective works is 70 years from the date of bringing public works to work. If this is not done for 70 years after the creation of the works, the duration of the patrimonial rights expires after 70 years from the creation of the works. 

Art. 32. -
The patrimonial rights to computer programs last throughout the life of the author, and after his death he is transferred by inheritance, according to civil law, for a period of 70 years. 

Art. 33. - 
Non-essential amendments, additions, cuts or adaptations made for selection or arrangement, as well as the correction of the content of a work or collection that is necessary for the continuation of the collection activity as intended by the author of the work will not extend the term protection of this work or collections. 

Art. 34. - 
The time limits set out in this Chapter shall be calculated from 1 January of the year following the death of the author or from bringing the work to public knowledge, as the case may be. 

CHAPTER VI
Limits of the Exercise of the Copyright

Art. 35. - 
(1) Without the consent of the author and without payment of any remuneration, the following uses of a work previously made available to the public, provided that they are in conformity with the good practices, are not allowed to contravene the exploitation normal works and do not harm the author or the right holders:

a) the reproduction of a work in judicial, parliamentary or administrative proceedings or for public safety purposes; 

b) the use of short quotes from a work for analysis, commentary or criticism or as an example, insofar as their use justifies the extent of the quote;

(c) the use of isolated articles or short extracts of works in publications, radio or television broadcasts or sound or audiovisual recordings exclusively for education and reproduction for education in educational or social institutions, isolated articles or short extracts from works, to the extent justified by the intended purpose;

d) reproduction for information and research of short excerpts from works, in libraries, museums, cinemas, phono- totes, archives of cultural or scientific public institutions, operating without profit; the full reproduction of the copy of a work is permitted for its replacement in the event of destruction, serious damage or loss of the unique copy in the permanent collection of the library or archive concerned; 

e) specific reproductions made by libraries accessible to the public, educational institutions or museums or by archives, which are not made for the purpose of obtaining a commercial or economic advantage, directly or indirectly;

f) the reproduction, with the exclusion of any means that come in direct contact with the work, the distribution or communication to the public of the image of a work of art, plastic art, photographic art or applied art, permanently located in public places, except where the image of the work is the main subject of such reproduction, distribution or communications and whether used for commercial purposes; 

g) the representation and execution of a work in the activities of educational institutions solely for specific purposes and provided that both representation or execution and public access are free of charge; 

h) use of works during religious celebrations or official ceremonies organized by a public authority;

i) the use, for commercial purposes, of the images of works exhibited in public or public display exhibitions, fairs, public works auctions as a means of promoting the event, excluding any commercial use. 

(2) Under the conditions provided for in paragraph (1), reproduction, distribution, broadcasting or communication to the public shall be permitted without any direct or indirect commercial or economic advantage: (

a) short extracts from press and radio or television news reports for the purpose of informing topical issues, except for those for which such use is expressly reserved;

b) short excerpts of conferences, speeches, pleadings and other works of the same kind which have been orally expressed in public, provided that such uses have as their sole purpose information on the actuality; 

c) short pieces of the works, in the context of information on current events, but only to the extent justified by the purpose of the information; 

d) works, when used exclusively for illustration in education or for scientific research; 

(e) works for the benefit of persons with disabilities that are directly related to that disability and to the extent required by that disability.

(3) They are exempt from the reproduction right, under the conditions stipulated in paragraph (1), temporary acts of reproduction which are transitory or accessories and constitute an integral and essential part of a technical process and the sole purpose of which is to allow the transmission, within a network between third parties, by an intermediary or the licit use of a work or other protected object and which do not have an economic significance in its own right. 

(4) In all the cases provided in paragraph (1) lit. b), c), e), f), i) and para. (2) the source and the name of the author must be mentioned, unless this proves to be impossible; in the case of works of plastic, photographic or architectural works, the place where the original is to be found must also be mentioned. 

Art. 36. -
(1) For the purposes of the present law, a copyright infringement for the purposes of this law does not constitute the reproduction of a work without the consent of the author for personal use or for the normal circle of a family, provided that the work has previously been made public and reproduction not to contravene the normal use of the work and not to harm the author or the rights holder. 

(2) For media on which audio or audiovisual recordings can be made or reproductions of graphically rendered works, as well as for devices designed for making copies, in the situation stipulated in par. (1) shall be paid a compensatory remuneration established by negotiation, according to the provisions of the present law. 

Art. 37. -
Transforming a work without the consent of the author and without payment of remuneration is permitted in the following cases: 

a) if it is a private transformation that is not intended and is not made available to the public; b) if the result of the transformation is a parody or a caricature, provided that the result does not create confusion as to the original work and its author; c) if the transformation is required for the purpose of using author's permission; d) if the result of the transformation is a summary of the works for didactic purposes, mentioning the author. 

Art. 38. -
(1) In order to test the functioning of the products at the time of manufacture or sale, the companies governed by the Company Law no. 31/1990, republished, as subsequently amended and supplemented, which produce or sell sound or audiovisual recordings, equipment for their reproduction or public communication, as well as equipment for receiving radio and television broadcasts may reproduce and present extracts from works, provided that these operations are reduced to the size required for testing.

(2) In order to supervise the use of their own repertoire by third parties, the collecting societies may monitor by any means the activity of the users, without the necessity of their authorization without payment, and may request for this purpose also information of public interest, by competent public institutions. 

Art. 39. -
(1) The assignment of the right to broadcast a work to a broadcaster or television broadcaster entitles him to record the work for the needs of his own broadcasts for the sole purpose of making the broadcasting authorized. In the case of a new broadcasting of the work thus recorded, a new authorization from the authors is required in return for a non-cancellable remuneration. If this authorization is not requested within 6 months of the first broadcast, the record must be destroyed.

2. In the case of temporary registrations of works made by radio or television broadcasters for their own broadcasts, the preservation of such records in official archives shall be permitted if they are of particular documentary value. 

CHAPTER VII 
Assignment of the patrimonial rights of the author 
SECTION I Common provisions 

Art. 40. - 
(1) The author or the owner of the copyright may transfer by contract to other persons only his patrimonial rights. 2) The assignment of the patrimonial rights of the author may be limited to certain rights, for a given territory and for a certain duration.

(3) The patrimonial rights of the author or of the copyright holder can be transferred by exclusive or non-exclusive assignment. 

(4) In the case of exclusive assignment, the copyright owner himself can no longer use the work in the manner, term and territory agreed upon with the transferee, and can no longer pass on the right to another person.The exclusive nature of the assignment must be expressly provided for in the contract. 

(5) In the case of a non-exclusive assignment, the copyright holder may use the work himself and may transmit the non-exclusive right to other persons. 

(6) A non-exclusive transferee may not transfer his / her right to a person other than the express consent of the transferor.


(7) The assignment of one of the rights of the owner of the copyright shall have no effect on his other rights, unless otherwise agreed. 

(8) The consent referred to in paragraph (6) is not necessary if the transferee, a legal person, is transformed in one of the ways provided by law. 

Art. 41. - 
In the case of the transfer of the right to reproduce a work, it is presumed that the right to the distribution of copies of such work was also divested, except for the right to import, unless otherwise stipulated in the contract. 

Art. 42. -
(1) The contract for the transfer of the patrimonial rights must stipulate the patrimonial rights transmitted and state, for each of them, the terms of use, the duration and extent of the assignment, as well as the remuneration of the copyright holder. The absence of any of these provisions entitles the interested party to request the termination of the contract. (2) The assignment of patrimonial rights to the total number of future works of the author, nominated or non-nominative, is subject to absolute nullity. 

Art. 43. - The existence and content of the contract for the transfer of patrimonial rights can be proved only by its written form. Exceptions are contracts for works used in the press. 

Article 44. -

(1) The remuneration due under a contract for the transfer of the property rights shall be established by agreement of the parties. The amount of the remuneration is calculated either in proportion to the proceeds of the use of the work, either in fixed amount or in any other way. 

(2) When the remuneration has not been established by contract, the author may require the competent judicial bodies, according to the law, to establish the remuneration. This will be done taking into account the amounts normally paid for the same category of work, the destination and duration of use, and other circumstances of the case.

(3) In the case of obvious disparity between the remuneration of the author of the work and the profits of the person who has obtained the assignment of patrimonial rights, the author may request the competent judicial bodies to revise the contract or to increase the remuneration. 

(4) The author may not give up in advance the exercise of the right provided in par. (3). 

Article 45. -
(1) In the absence of a contrary contractual clause, for works created in the performance of the duties specified in the individual labor contract, the patrimonial rights belong to the author of the created work. In this case, the author may authorize the use of the work by third parties only with the consent of the employer and rewarding it for contributing to the costs of creation. The use of the work by the employer within the scope of the activity does not require authorization of the author's employee. 

(2) If the clause stipulated in par. (1) exists, it shall include the term for which the patrimonial rights of the author were transferred. In the absence of the deadline, it is three years from the date of the surrender.

(3) After the expiration of the terms provided in paragraph (2) In the absence of a contrary provision, the employer is entitled to require the author to pay a reasonable royalty of the proceeds of the use of his work in order to compensate for the costs incurred by the employer for the creation of the work by the employee in the course of his duties. 

(4) On expiry of the term mentioned in paragraph (2) patrimonial rights belong to the author. 
(5) The author of a work created under an individual employment contract retains the exclusive right to use the work as part of his entire creation. 

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

Art. 47. -
(1) In the case of a contract for future works, in the absence of a contrary clause, the patrimonial rights belong to the author. 

(2) The order for a future work must include both the delivery period and the acceptance time of the work.

(3) The person who orders the work has the right to denounce the contract if the work does not meet the conditions set. In the event of termination of the contract, the amounts collected by the author remain to him. If, in order to create a work that was the subject of a contract, preparatory works have been carried out, the author is entitled to reimbursement of the expenses incurred. 

Art. 48. - 
1) The author may request the abolition of the contract for the transfer of the patrimonial right if the transferee does not use it or uses it to an insufficient extent and if, in this way, the justified interests of the author are significantly affected.

(2) The author may not request the termination of the assignment contract if the reasons for non-use or insufficient use are due to his own fault, the deed of a third party, a fortuitous case or force majeure. 

(3) The termination of the assignment contract, mentioned in par. (1) can not be claimed before the expiration of 2 years from the date of transfer of the patrimonial right to a work. In the case of works ceded for daily publications, this period will be 3 months, and in the case of periodical publications of one year. 

(4) The owner of the original of a work of plastic or photographic art shall have the right to display it publicly, even if it has not been made public, unless the author expressly excluded this right by the act of alienating the original.

(5) The author can not give up in advance the exercise of his right to request the abolition of the assignment contract mentioned in par. (1). (6) The acquisition of property on the material support of the work does not in itself confer a right of use on the work. 

SECTION II The publishing contract 

Art. 49. - 
(1) By the editorial agreement, the copyright holder gives to the publisher, in return for remuneration, the right to reproduce and distribute the work. 

(2) The agreement by which the copyright holder authorizes him, at his own expense, an editor to reproduce and possibly distribute the work is not an editorial agreement.

(3) In the situation stipulated in paragraph (2) the provisions of the common law relating to the business contract shall apply. 

Art. 50. - 
The copyright owner may give the publisher the right to authorize the translation and adaptation of the work. 

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

Art. 52. - 
(1) The publishing contract must contain clauses regarding: 

a) the duration of the assignment; 

b) the exclusive or non-exclusive nature and territorial extent of the assignment; 

c) maximum and minimum number of copies; 

d) the remuneration of the author, established under the terms of this law;

e) the number of copies reserved for the author free of charge; 

f) the term for the appearance and distribution of the copies of each edition or, as the case may be, of each issue; 

g) the term of the original copy of the work by the author; 

h) the procedure for controlling the number of copies produced by the publisher. 

(2) The absence of any of the clauses referred to in a), b) and d) entitles the interested party to request cancellation of the contract. 

Art. 53. - 
(1) The publisher who has acquired the right to publish the work in the form of a volume has, compared to other similar bidders, at equal price, the priority right to publish the work in electronic form. The editor must opt ​​in writing within 30 days of receiving the written offer of the author.

(2) The right mentioned in par. (1) is valid for 3 years from the date of publication of the work. 

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

Art. 55. - 
The publisher may only surrender the editorial agreement with the consent of the author. 

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

Article 57. -
(1) Unless otherwise stipulated, the editing contract shall cease after the expiry of the agreed period or after the last agreed edition has expired. 

(2) The issue or circulation shall be deemed to be exhausted, the number of unsold copies being less than 5% of the total number of copies and, in any case, less than 100 copies. 

(3) If the publisher does not publish the work within the agreed term, the author may, in accordance with the civil common law, request the termination of the contract and damages for non-performance. In that case, the author shall retain the remuneration received or, where appropriate, may demand payment of the full remuneration provided for in the contract. 

(4) If the deadline for publishing the work is not stipulated in the contract, the publisher is obliged to publish it within one year from the date of its acceptance.

(5) If the publisher intends to destroy the copies of the work, remaining in stock after a period of 2 years from the date of publication, and if no other period is stipulated in the contract, the publisher must first provide it to the author. 

Art. 58. - 
(1) In case of destruction of the work due to force majeure, the author is entitled to a remuneration which will be paid only if the work has been published. 

(2) If a prepared edition is totally destroyed due to force majeure, the publisher shall be entitled to prepare a new edition before being put into circulation and the author shall be entitled to remuneration for only one of these editions.

(3) If a prepared edition is partially destroyed due to force majeure, the publisher is entitled to reproduce, without paying the remuneration to the author, only as many copies as they have been destroyed. 

SECTION III 
The Theatrical or Musical Performance Contract

Art. 59. - 
(1) By the theatrical or musical performance contract, the copyright holder gives to a natural or legal person the right to represent or execute in public a present or future work, literary, dramatic, musical, dramatic-musical, choreographic or pantomime, in return for remuneration, and the transferee undertakes to represent or execute it under the agreed conditions.

(2) General theatrical or musical performance contracts may be concluded and through the collective management bodies, under the conditions stipulated in art. 162 lit. d). 

Art. 60. - 
(1) The theatrical or musical performance contract shall be concluded in writing, for a fixed term or for a certain number of public communications. 

(2) The contract shall stipulate the time when the premiere or the only representation or execution of the work will take place, as the case may be, the exclusive or non-exclusive character of the assignment, the territory, as well as the author's remuneration.

(3) The interruption of representations or executions for two consecutive years, unless otherwise stipulated by contract, entitles the author to request the termination of the contract and damages for non-execution, according to the civil common law. 

(4) The beneficiary of a theatrical or musical performance contract may not assign it to a third party, organizer of performances, without the written consent of the author or his representative, except for the simultaneous, total or partial assignment of this activity. 

Art. 61. -
(1) The transferee is obliged to allow the author to control the representation or execution of the work and to adequately support the realization of the technical conditions for the interpretation of the work. Also, the transferee must send the program, posters and other printed materials to the author, public reviews about the show, unless otherwise provided in the contract. 

(2) The transferee is obliged to ensure the public representation or execution of the work under appropriate technical conditions, as well as the respect of the rights of the author. 

Art. 62. -
(1) The transferee is obliged to periodically communicate to the copyright holder the number of musical performances and performances, as well as the income statement. For this purpose, the theatrical or musical performance contract must also stipulate periods of communication, but not less than once a year. 

(2) The transferee has to pay to the author, within the terms stipulated in the contract, the amounts in the agreed amount. 

Art. 63. - 
If the transferee does not perform or does not execute the work within the established term, the author may request, in accordance with the civil common law, the cancellation of the contract and damages for non-performance. In such a case, the author keeps the remuneration received or, as the case may be, may request payment of the full remuneration provided for in the contract. 

SECTION IV
The rental agreement

Art. 64. - 
(1) By the contract for the lease of a work, the author undertakes to allow at least one copy of his work in original or in copy, in particular computer programs or works fixed in sound or audiovisual recordings. The beneficiary of the rental right undertakes to pay a fee to the author for as long as he uses that copy of the work. 

(2) The contract for the rental of a work is subject to the provisions of the civil common law on the lease. 

(3) The author retains the copyright on the leased work, with the exception of the distribution right, unless otherwise agreed. 

PART II 
SPECIAL PROVISIONS CHAPTER VIII

Cinematographic works and other audiovisual works

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

Art. 66. - 
(1) The director or, as the case may be, the producer of the audiovisual work is the natural person who, in the contract with the producer, assumes the leadership of the creation and realization of the audiovisual work, as principal author. 

(2) The producer of an audiovisual work is the natural or legal person who assumes responsibility for the production of the work and, as such, organizes the realization of the work and provides the necessary technical and financial means.

(3) For the production of an audiovisual work, the written form of the contract between the producer and the principal author is obligatory. 

Art. 67. - 
They are authors of the audiovisual work, under the conditions stipulated in art. 5, the director or creator, the author of the adaptation, the author of the script, the author of the dialogue, the author of the specially created music for the audiovisual work, and the graphic artist for the animation or animation sequences when the latter are an important part of the work. In the contract between the producer and the director or creator of the work, the parties may agree to be included as authors of the audiovisual work and other creators who have contributed substantially to its creation. 

Art. 68. -
(1) If one of the authors provided in art. 67 refuses to finalize its contribution to the audiovisual work or is unable to do so, it will not be able to oppose its use for the finalization of the audiovisual work. This author will be entitled to remuneration for his contribution. 

(2) The audiovisual work shall be considered as finalized when the final version has been agreed by the principal author and the producer. 

(3) It is forbidden to destroy the original support of the final version of the audiovisual work in the form of the standard copy. 

(4) The authors of the audiovisual work, other than the principal author, may not oppose the bringing to public knowledge, as well as the specific use of the definitive version of the work, in whole or in part.

Art. 69. - 
(1) The right to audiovisual adaptation is the exclusive right of the copyright holder on a pre-existing work to convert or to include it in an audiovisual work. 

(2) The assignment of the right provided in par. (1) may be made only on the basis of a written contract between the copyright holder and the producer of the audiovisual work distinct from the contract for the editing of the work. 

3. By the conclusion of the adaptation contract, the copyright holder of a pre-existing work shall transfer to a manufacturer the exclusive right to transform and incorporate that work into an audiovisual work.

(4) The authorization granted by the copyright holder to the pre-existing work must expressly stipulate the conditions for the production, distribution and projection of the audiovisual work. 

Art. 70. - 
The moral rights on the finished work are recognized only by the authors established according to art. 67. 

Art. 71. - 
(1) The contracts concluded between the authors of the audiovisual work and the producer, unless otherwise stated, shall be presumed that they, except the authors of the special music created, give to the producer the exclusive rights regarding the use of the work as a whole, provided in art. 13 as well as the right to authorize duplication and subtitling in return for fair remuneration.

(2) Unless otherwise stipulated, the authors of the audiovisual work, as well as other contributors to it, retain all rights of use of their own contributions separately, as well as the right to authorize and / or prohibit uses other than the one specific features of the work, in whole or in part, such as the use of fragments from the cinematographic work for advertising other than the promotion of the work under the terms of this law. 

Art. 72. - 
(1) Unless otherwise stipulated, the remuneration for each mode of use of the audiovisual work shall be proportionate to the gross proceeds from the use of the work.

(2) The producer is obliged to periodically remit to the authors the statement of the receipts collected after each use. The authors receive the appropriate remuneration either through the manufacturer or directly from the users or through the collective copyright management bodies, on the basis of the general contracts concluded with the users. For the rental right, the authors receive the remuneration according to the provisions of art. 119. 

(3) If the producer does not complete the audiovisual work within five years from the conclusion of the contract or does not broadcast the audiovisual work within one year of its completion, the co-authors may request the termination of the contract, unless otherwise agreed. 

CHAPTER IX 
Computer programs

Art. 73. -
(1) By this law, the protection of computer programs includes any expression of a program, application programs and operating systems, expressed in any language, source code or object code, preparatory design material, and manuals. 

(2) Ideas, processes, methods of operation, mathematical concepts, and principles underlying any element of a computer program, including those underlying its interfaces, are not protected. 

Art. 74. - 
(1) The copyright holder of a computer program shall enjoy the rights provided for in the present law in Part I of this title, in particular the exclusive right to create and authorize:

a) Permanent or temporary reproduction of a program, in whole or in part, by any means and in any form whatsoever, including where the reproduction is determined by the installation, storage, running or execution, display or transmission in the network; 

(b) translation, adaptation, arranging and any other changes made to a computer program, as well as the reproduction of the result of such operations, without prejudice to the rights of the person converting the computer program; 

c) the distribution and rental of the original or the children, in any form, of a computer program.

2. The first sale of a copy of a computer program on the internal market by the right-holder or his consent shall exhaust the exclusive right to authorize the distribution of this copy on the internal market. 

Art. 75. - 
Unless otherwise stipulated, the patrimonial rights to authorize computer programs created by one or more employees in the performance of their duties or the instructions of the hiring officer belong to the latter. 

Art. 76. - 
(1) Unless otherwise stipulated, a contract for the use of a computer program shall be presumed that: 

a) the user is granted the non-exclusive right to use the computer program;

b) the user may not transfer to another person the right to use the computer program. 

(2) The assignment of the right to use a computer program does not imply the transfer of the copyright on it. 

Art. 77. - 
In the absence of a contrary clause, the authorization of the holder of the copyright shall not be subject to the provisions of art. 74 par. (1) lit. (a) and (b) if they are necessary to enable the legitimate purchaser to use the computer program in a manner appropriate to its intended purpose, including the correction of errors. 

Art. 78. -
(1) The authorized user of a computer program may, without the authorization of the copyright holder, make a copy of the archive or security, in so far as this is necessary to ensure the use of the program. 

(2) The authorized user of the copy of a computer program may, without the authorization of the copyright holder, analyze, study or test the operation of the program in order to determine the ideas and principles underpinning any element of the program, to perform any operations of installing, displaying, running or executing, transmitting or storing the program, operations that it is entitled to perform. 

(3) The provisions of art. 10 lit. e) does not apply to computer programs. 

Art. 79. -
Authorization of the copyright holder is not required where reproduction of the code or translation of its form code is indispensable to obtain the information necessary interoperability of a computer program with other computer programs if the following conditions are met: 

a) acts of reproduction and translation are met a person who has the right to use a copy of the program or a person who performs these actions on behalf of the former, being empowered for that purpose; 

(b) the information required for interoperability is not easily and rapidly accessible to the persons referred to in point a); 

c) the acts referred to in let. (a) are limited to the parts of the program required for interoperability. 

Article 80. -
The information obtained by applying art. 79: ( 

a) may not be used for any purpose other than to achieve the interoperability of the independently created computer program; 

(b) may not be communicated to other persons, unless the communication proves necessary for the interoperability of the independently created computer program; 

c) can not be used for the finalization, production or commercialization of a computer program the expression of which is fundamentally similar or for any other act that infringes the rights of the copyright owner. 

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

Art. 82. -
Cap. VI of this Title shall not apply to computer programs. 

CHAPTER X 
Works of Art, Architecture and Photographic

Art Art. 83. - 
The organizer of the art exhibitions shall be responsible for the integrity of the exhibited works, taking all measures to eliminate any risk. 

Art. 84. - 
(1) The reproduction contract of a work of art shall contain indications allowing the identification of the work, such as a brief description, a sketch, a drawing, a photograph , as well as references to the author's signature. 

(2) Reproductions may not be offered for sale without the copyright holder having approved the specimen submitted for examination.

(3) All copies shall bear the name or pseudonym of the author or any other agreed sign enabling him / her to be identified. 

(4) Original models and other items that have served the person who made the reproductions shall be returned to the holder with any title thereof, unless otherwise agreed. 

(5) Instruments specially created for the reproduction of the work must be destroyed or rendered inoperable if the copyright holder of the work does not acquire them and unless otherwise agreed. 

Article 85. -
(1) The architectural and urban studies and projects exhibited near the site of the architectural works, as well as the construction carried out after them, shall bear the author's name, in a visible place, unless otherwise agreed by contract. 

(2) The construction of an architectural work, carried out in whole or in part after another project, can only be done with the consent of the copyright holder of that project. 

Art. 86. - 
(1) Photographic works and photographic films of cinematographic films are considered 

(2) Photographs of letters, documents, documents of any kind, technical drawings and the like may not be protected by copyright. 

Art. 87. - 
(1) The right of the author of aphotographic works to use their own work should not prejudice the rights of the author of the work of art reproduced in the photographic work . 

(2) The patrimonial rights to the photographic work that was created in the execution of an individual contract of work or order are presumed to belong, for a period of 3 years, to the person who employs or to the person who made the order, if by contract otherwise. 

(3) The alienation of the negative of a photographic work has the effect of transmitting the patrimonial rights of the copyright holder to it, unless the contract provided otherwise. 

Article 88. - 
(1) The photographwhen executed to order, may be published, reproduced by the person being photographed or by his successors, without the consent of the author, unless otherwise agreed. 

(2) If the name of the author appears on the original copy of the photograph , it must also be mentioned on the reproductions. 

CHAPTER XI 
Protection of the portrait , the recipient of correspondence and the secret of the information source

Art. 89. -
(1) The use of a work containing a portrait requires the consent of the person represented in this portrait, under the conditions provided by art. 73, 74 and 79 of the Civil Code. Also, the author, the owner or the owner thereof is not entitled to reproduce or use it without the consent of the successors of the represented person, for 20 years after his death, in compliance with the provisions of Art. 79 of the Civil Code. 

(2) In the absence of a contrary provision, consent is not necessary if the person represented in the portrait is a model profession or has received a remuneration to post for that portrait. Also, the existence of consent is presumed under art. 76 of the Civil Code. 

Article 90. -
The use of a correspondence addressed to a person requires the consent of the addressee, and after his death, for 20 years, of his successors, if the addressee did not wish otherwise. In all cases, the provisions of Art. 71 par. (1) and (2), art. 72, 74 and 79 of the Civil Code. 

Art. 91. - The 
person represented in a portrait and the recipient of a correspondence may exercise the right provided in art. 10 lit. d) as regards the use of the work containing the portrait or correspondence, as the case may be. 

Art. 92. - 
(1) The publisher or producer, at the request of the author, is obliged to keep the sources of information used in the works secret and not to publish the documents related to them.

(2) Disclosure of the secret is permitted with the consent of the person who entrusted it or based on a final court decision. 

TITLE II 
Rights related to copyright and sui generis rights 

CHAPTER I Common provisions 

Art. 93. - 
(1) Rights related to copyright do not infringe the rights of authors. Nothing in this Title shall be interpreted as limiting the exercise of copyright. 

(2) The patrimonial rights recognized in the present title may be divested, in whole or in part, under the conditions provided by art. 40-44, which applies by analogy. These rights may be the subject of an exclusive or non-exclusive assignment. 

Article 94. -
They are recognized and protected, as holders of rights related to copyright, performers, for their own performances or performances, producers of sound recordings and producers of audiovisual recordings for their own recordings and broadcasting organizations for their own broadcasts and program services. 

CHAPTER II 
Rights of Performers

Art. 95. -
For the purposes of this Act, performers are understood to mean: actors, singers, musicians, dancers and other persons who present, sing, dance, recite, declare, play, interpret, direct, perform or otherwise perform a literary work or artistic, a show of any kind, including folklore, variety, circus or marionette. 

Art. 96. - 
The performer has the following moral rights: 

a) the right to claim recognition of the paternity of his own interpretation or execution; 

(b) the right to claim that his or her name or alias is indicated or communicated to each show and each use of its record;

c) the right to claim respect for the quality of his benefit and to prevent any distortion, falsification or other substantial modification of his interpretation or execution or any violation of his rights that would seriously prejudice his honor or reputation. 

Art. 97. - 
(1) The rights provided for in art. 96 may not be surrendered or alienated. 

(2) After the death of the performer, the exercise of the rights provided in art. 96 is transmitted by inheritance, under civil law, for an unlimited duration. If there are no heirs, the exercise of these rights rests with the collecting society managing the rights of the performer or, as the case may be, the body with the largest number of members in that field.

Art. 98. - 
(1) The performer has the exclusive patrimonial right to authorize or prohibit the following: 

a) fixing his interpretation or execution; 

b) the reproduction of the fixed performance or execution; 

c) distribution of the fixed performance or execution; 

(d) hiring the fixed performance or performance; 

e) borrowing of fixed performance or execution; 

(f) importation for the purpose of marketing on the domestic market of the fixed performance or execution; 

g) Broadcasting and public communication of the interpretation or its execution, unless the interpretation or execution has already been fixed or broadcast;

h) in the situation specified in let. g) are entitled only to fair remuneration; 

(i) making its interpretation or execution available to the public so that it can be accessed, at any place and at any time individually chosen by the public; 

j) cable retransmission of the fixed performance or execution. 

(2) For the purposes of this Law, the incorporation of sounds, images or sounds and images or their digital representation on a support that permits their reproduction, or reproduction or public communication with a device shall be deemed to be fixed. 

(3) The fair remuneration provided in paragraph (1) lit. g) shall be established and collected in accordance with the procedure laid down in Art. 163-165 and 168.

(4) The definitions provided in art. 14-18, art. 20 par. (1), art. 21 and 22 shall also apply accordingly to the rights provided for in paragraph (1). 

Art. 99. - 
(1) For the purposes of this law, the performance or interpretation of a work is collective, if individual interpretations or executions form a whole, without being possible due to the nature of the interpretation or execution, distinct from any of the participating artists on the whole of the performance or interpretation.

(2) For the purpose of exercising the exclusive rights regarding the authorization provided under art. 98, performers who collectively participate in the same performance or performance, such as members of a musical group, a choir, an orchestra, a ballet or a theatrical band, must mandate, in writing, among them, a representative, with the consent of the majority of the members. 

(3) Exemption from the provisions of para. (2) the director, conductor and soloist. 

Art. 100. - 
In the case of an interpretation or execution performed by an artist, under an individual labor contract, the patrimonial rights provided under art. 98, which are transmitted to the employer, must be expressly provided for in the individual employment contract. 

Article 101. -
Unless otherwise stipulated, the performer who participated in the making of an audiovisual work, audiovisual recording or sound recording shall be presumed to give to the producer, in return for fair remuneration, the exclusive right to use his benefit thus fixed, through reproduction, distribution, import, rental and lending. 

Art. 102. - 
(1) The term of protection of the patrimonial rights of performers is 50 years from the date of interpretation or execution, with the following exceptions:

a) if the fixation of the performance, other than a phonogram, is the subject of legal publication or legal communication to the public within that period, the rights shall cease 50 years from the first publication or from the first communication to the public, whichever is the first; 

(b) where the fixation of the performance on a phonogram is the subject of legal publication or of a legal communication to the public within that period, the rights shall cease 70 years from the first such publication or from the first such communication to the public, whichever is the first. 

(2) The time stipulated in paragraph (1) shall be calculated from 1 January of the year following the generating right. 

Article 103. -
1. If, 50 years after the phonogram is legally published or, in the absence of such publication, 50 years after its legal communication to the public, the phonogram producer does not provide copies of the phonogram for sale in -a sufficient amount or does not make the phonogram available to the public, by wire or cable, so that members of the public have individual access from the place and time chosen, the performer may terminate the contract by which he has assigned to a phonogram producer the rights on the fixation of its execution, hereinafter referred to as an assignment contract.

(2) The right of termination of the assignment contract may be exercised provided that the producer, within one year of the notification by the performer of his intention to terminate the assignment contract pursuant to par. (1), not to carry out the two exploitation activities provided for in paragraph (1). 

(3) The right of termination can not be subject to renunciation by the performer. 

(4) Where interpreters of several performers are recorded on the phonogram, they may terminate their assignment contracts in accordance with the applicable national law. Where the assignment contract is terminated under this Article, the phonogram producer's rights to the phonogram shall cease.

5. Where the assignment contract provides for the right of the performer to a single remuneration, he shall have the right to receive additional annual remuneration from the phonogram producer for each whole year immediately following the 50th year from the statutory publication of the phonogram or, in the absence of such publication, the 50th year after its legal communication to the public. 

(6) The right to obtain an additional annual remuneration may not be waived by the performer.

(7) The total amount that the phonogram producer must allocate for the payment of the additional annual remuneration provided in paragraph (5) corresponds to 20% of the revenue the phonogram producer obtained in the year preceding that for which the remuneration, reproduction, distribution and making available of the phonograms, after the 50th anniversary, the year after the statutory phonogram is published or, in the absence of such publication, after the 50th year after its legal communication to the public. 

8. Producers of phonograms shall, on request, provide to performers who are entitled to the payment of annual supplementary remuneration any information necessary to ensure payment of that remuneration.

(9) The right to obtain the additional annual remuneration, as stipulated in par. (5) is managed by the collecting societies. 

10. Where an performer is entitled to a remuneration paid on a flat-rate basis, neither advance payments nor reductions defined in the contract shall be deducted from payments made to the artist after the 50th year after publication the phonogram or, in the absence of such publication, after the 50th year after its legal communication to the public. 

CHAPTER III 
Rights of producers of sound recordings

Art. 104. -
(1) For the purposes of this Act, a sound or phonogram recording is the sound recording of an interpretation or execution or other sound or the digital representation of such sounds, other than in the form of a fixation incorporated in a cinematographic work or in other audiovisual work. 

(2) The producer of sound recordings is the natural or legal person who has the initiative and assumes the responsibility for the organization and financing of the first fixation of sounds, whether or not they constitute a work within the meaning of this law. 

Art. 105. -
In the case of the reproduction and distribution of sound recordings, the manufacturer is entitled to inscribe on their holders, including covers, boxes and other packing materials, in addition to the information concerning the author and the performer, the titles of the works, the year of the first publication, trade, as well as the name or the name of the manufacturer. 

Art. 106. - 
(1) Under the conditions provided by art. 93 par. (1), the producer of sound recordings shall have the exclusive right to authorize or prohibit the following: 

a) the reproduction by any means and in any form of their own sound recordings; 

b) distribution of their own sound recordings; 

c) rental of own sound recordings;

d) borrowing their own sound recordings; 

e) importing, for the purpose of marketing on the domestic market, legally-produced copies of their own sound recordings; 

f) broadcasting and publicizing their own sound recordings, except for those published for commercial purposes, in which case they are entitled only to equitable remuneration; 

(g) making their own sound recordings available to the public so that they can be accessed, at any place and at any time individually chosen by the public; 

h) cable retransmission of their own sound recordings. 

(2) The definitions in art. 14-18, art. 20 par. (1), art. 21 and 22 shall also apply by analogy to the rights provided for in paragraph (1).

3. The sound recorder shall have the right to prevent the import of copies of his own sound recordings without his authorization. 

(4) The provisions of paragraph (1) lit. e) does not apply when the importation is made by a natural person, for commercial purposes, in his / her legitimate personal luggage. 

Art. 107. - 
(1) The duration of the protection of the property rights of the phonogram producers shall be 50 years from the date of the first fixation. However, if, during this period, the phonogram is subject to legal publication or to a statutory public disclosure, the duration of the protection of the rights is 70 years from the date on which the first one took place.

(2) The time stipulated in paragraph (1) shall be calculated from 1 January of the year following the generating right. 

CHAPTER IV 
Rights of Producers of Audiovisual Records

Art. 108. - 
(1) For the purposes of this Law, an audiovisual or video recording shall be any fixation of an audiovisual work or moving sequences, whether or not accompanied by sound, be the method and the support used for this fixation.

(2) The producer of an audiovisual recording is the natural or legal person who has the initiative and assumes responsibility for the organization and realization of the first fixation of an audiovisual work or of motion pictures, accompanied or not by sound, and as such, provides the means technical and financial needs. 

Art. 109. - 
In the case of the reproduction and distribution of its own audiovisual recordings, the producer is entitled to include on its supports, including covers, boxes and other packaging materials, the name or the name of the producer, in addition to the author's and artist's terms, or the title of the works, the year of first publication, the trade mark, as well as the name or the name of the manufacturer. 

Article 110. -
(1) The producer of an audiovisual record has the exclusive right to authorize or prohibit the following: 

a) reproduction by any means and in any form of his own audiovisual recordings; 

b) distributing the original or copies of their own audiovisual recordings; 

c) rental of own audiovisual recordings; 

d) borrowing their own audiovisual recordings; 

e) importing, for the purpose of marketing on the internal market, their own audiovisual recordings; 

f) broadcasting and publicizing their own audiovisual recordings;

g) making their own audiovisual recordings available to the public so that they can be accessed, at any place and at any time individually chosen by the public; 

h) cable retransmission of their own audiovisual recordings. 

(2) The definitions in art. 14-18, art. 20 par. (1), art. 21 and 22 shall also apply by analogy to the rights provided for in paragraph (1). 

Art. 111. - 
(1) The duration of the patrimonial rights of producers of audiovisual recordings shall be 50 years from the date of first fixation. However, if the registration during that period is subject to publication or to an open public service, the duration of the rights shall be 50 years from the date on which the first occurs.

(2) The time stipulated in paragraph (1) shall be calculated from 1 January of the year following the generating right. 

CHAPTER V 
Common provisions for authors, performers and producers of sound and audiovisual recordings

Art. 112. - 
(1) For the direct or indirect use of phonograms published for commercial purposes or their reproductions by broadcasting or by any means of communication to the public , performers and phonogram producers are entitled to a single, equitable remuneration. 

(2) The amount of this remuneration shall be established by methodologies, according to the procedure provided by art. 163-165.

(3) The collection of the single remuneration shall be performed under the conditions stipulated in art. 168. 

(4) Beneficiary collective management bodies shall establish, through a protocol, which shall be submitted to the Romanian Copyright Office, the proportion of the distribution of the remuneration between the two categories of beneficiaries. If the beneficiaries do not file the protocol with the Romanian Copyright Office within 30 days from the date of entry into force of the methodologies, the remuneration shall be divided equally between the two categories of beneficiaries.

(5) For the purposes of this Act, a phonogram shall be deemed to be published for commercial purposes when it is made available to the public by sale or by wire or wireless means so that anyone can access it in place and at the time individually chosen. 

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

Art. 114. -
(1) The authors of the works that may be reproduced by sound or audiovisual recordings on any type of support, as well as those of the works that are likely to be reproduced on paper, directly or indirectly, under the conditions provided by art. 36 par. (1) shall have the right, together with publishers, producers and performers, as the case may be, to a compensatory remuneration for the private copy, according to art. 36 par. (2). The right to compensatory remuneration for the private copy can not be waived by the beneficiaries. 

(2) Compensatory remuneration for the private copy shall be paid by the manufacturers and / or importers of the device holders provided in art. 36 par. (2), whether the process used is analogue or digital.

(3) The importers and manufacturers of the supports and appliances provided in art. 36 par. (2) shall be obliged to register with the Romanian Copyright Office in the National Register of the Private Copy and may carry out the respective import or production activities only after obtaining the registration certificate from the Romanian Copyright Office. This certificate is issued by the Romanian Copyright Office on the basis of the evidence of the legally registered object of activity and of the Single Registration Certificate with the Trade Register, within 5 days of their submission.

(4) The list of the media and devices for which the compensatory remuneration for the private copy is due, as well as the amount of this remuneration, shall be negotiated from 3 to 3 years, if one of the parties so requests, in committees consisting of: 

a) one representative of the main collective management bodies operating for one category of rights on the one hand;

b) one representative of the main associative structures mandated by the manufacturers and importers of supports and apparatus, appointed by the respective associative structures, and one representative of the first 3 major manufacturers and importers of supports and appliances, determined on the basis of turnover and quota provided that they are declared for this purpose at the Romanian Copyright Office on their own responsibility, on the other hand.

(5) In order to initiate the negotiations according to the procedures provided for in art. 163 par. (2) - (5), the collective management bodies or the associative structures of the manufacturers and importers of supports and appliances shall submit to the Romanian Copyright Office a request containing the list of media and devices, a request to be published in the Official Gazette of Romania , Part I, by decision of the Director General of the Romanian Copyright Office, as well as the amounts of the remunerations to be negotiated. The list shall be drawn up separately for the sound and audiovisual equipment and devices and graphics devices and media and shall be negotiated in two committees.

6. Remuneration shall be a percentage and shall be calculated at the customs value in the case of importers and, respectively, in the value net of VAT when the products are put into circulation by the producers and shall be paid in the month following importation or the date of invoicing. 

(7) The remunerations negotiated by the parties are percentages and are due for the devices and media provided in art. 36 par. (2), including A4-size copier paper and digital media. 

(8) Compensatory remuneration for private copying represents a percentage percentage of the value specified in paragraph (6), as follows: 

a) sheets of paper for the copier, A4 format: 0,1%; 

b) other media: 3%; 

c) for appliances: 0,5%.

(9) Negotiations for the establishment of the list of apparatuses and supports for which compensatory remuneration is due shall be convened by the Romanian Copyright Office within 15 days of the publication in the Official Gazette of Romania, Part I, of the request for negotiation. 

Article 115. -
Compensatory remuneration for the private copy is collected by a single collector management body for the works reproduced after sound and audiovisual recordings and by another unique collector management body for the works reproduced on paper under the conditions set out in Art. 168 par. (6) - (8). The two collective management bodies with unique collector duties are designated by obtaining the majority of the beneficiary collective management bodies at the first convocation or by obtaining the largest number of votes at a second convocation, regardless of the number of those present. Collective management bodies designated by vote shall submit to the Romanian Copyright Office the minutes by which they have been designated. Within 5 business days of filing,

Art. 116. - 
(1) The compensatory remuneration for the private copy collected by the unique collecting societies shall be distributed to the beneficiaries as follows: 

a) in the case of children's sound recorders and apparatus, by analogy, 40% negotiable authors, authors and publishers of recorded works, 30% belong to performers, and the remaining 30% belongs to producers of sound recordings; 

(b) in the case of audiovisual recorded media and equipment, by analogy, the remuneration shall be equally divided between the following categories: authors, performers and producers;

c) in the case of children registered by digital process, on any type of support, the remuneration shall be divided equally among the beneficiaries corresponding to each of the three categories provided in (a) and (b), and within each category, as set out in those paragraphs.

(2) In the case of children registered, by analogy, on paper, the remuneration shall be equally divided between authors and publishers. The amounts due to the publishers are allocated to them only by publishers' associations, on the basis of a protocol concluded between them, containing the distribution criteria and the percentages due to each association. Only the association of publishers meeting the conditions set by decision of the Director General of the Romanian Copyright Office can participate in the negotiation of the distribution protocol. 

Article 117. -
Compensatory pay for private copying is not payable if unregistered audio, video or digital media, produced or imported in the country, is marketed wholesalers to producers of sound and audiovisual recordings or to broadcasters for their own broadcasts. 

Art. 118. - The 
provisions of art. 114 does not apply to the importation of child-restraining devices and apparatus, made for commercial purposes, in lawfully admitted personal luggage. 

Art. 119. -
1. Where an author or performer has transferred or assigned his rental or lending right in respect of a phonogram or videogram to a phonogram or audio-visual record producer, he shall retain the right to to obtain a fair remuneration. 

(2) The right to obtain a fair remuneration for renting shall not be subject to renunciation by the authors or performers as beneficiaries. 

(3) The authors and performers shall receive the remuneration due either directly from the producers, according to the contracts concluded with them or from the users, only through the collective management bodies, according to the contracts between the recipients of the remuneration and the producers.

Art. 120. - 
Provisions regarding the limits of exercising the rights stipulated in art. 35-39 shall also apply to holders of rights related to copyright. 

Art. 121. - 
If the right-holders have, by law, a mandatory remuneration, they can not oppose the uses that generate it. 

Art. 122. - 
(1) Orphan work or phonogram, referred to in art. 7, 8 and art. 104 par. (1) where no copyright holder of the work or phonogram is identified or, even if one or more of the holders are identified, none is located, despite the search and registration of a diligent search by the rightholders by the author.

2. Orphan status shall apply to the following categories of works and phonograms which are copyrighted and which have been first published in a Member State or, in the absence of publication, which have been broadcast for the first time in a Member State, in a Member State: ( 

a) works in the form of books, journals, newspapers, magazines or other writings found in collections of publicly accessible libraries, educational institutions or museums and collections of archives or cinematographic or sound heritage institutions; 

(b) cinematographic, audiovisual works and phonograms in collections of libraries, educational institutions or museums accessible to the public, as well as collections of archives or cinematographic or sound heritage institutions;

(c) cinematographic and audiovisual works and phonograms produced by public service broadcasting organizations by 31 December 2002 inclusive and in their archives; 

(d) the works and phonograms referred to in a) -c), which have never been published or disseminated but which have been made available to the public by the institutions referred to in art. 123 par. (1), with the consent of the copyright holders, only if it is reasonable to assume that the copyright holders would not oppose the uses provided for in Art. 123; 

e) works and other protected objects that are integrated or incorporated in the works or phonograms referred to in a) -d) or which form an integral part of the works or phonograms in question.

(3) Where the copyright holder is subsequently identified or located, the work or phonogram concerned shall cease its orphan status. 

(4) When a work or a phonogram has multiple copyright holders and not all are identified or even identified, they are not located after a diligent search and are not registered in accordance with the provisions of Art. 125, the opera or phonogram may be used in accordance with the provisions of art. 14 and 20, provided that those of the rightholders who have been identified and located have authorized, in relation to their rights, the institutions referred to in Art. 123 par. (1) reproduce and make it available to the public.

(5) The provisions of paragraph (1) are without prejudice to the rights to the work or phonogram the titles of which have been identified and located. 

(6) The provisions on orphan works do not apply to anonymous or pseudonymous works. 

Art. 123. - 
(1) The use of orphan works or phonograms by libraries, educational institutions and museums accessible to the public as well as by the archives, cinematographic or phonographic heritage institutions and by the public broadcasting and television organizations, to achieve objectives related to their missions of public interest, can be achieved by: 

a) making available to the public, within the meaning of art. 20;

b) reproduction, within the meaning of art. 14, for digitization, making available, indexing, cataloging, preservation or restoration. 

(2) The institutions referred to in paragraph (1) may use an orphan work only for the purpose of achieving the objectives of their public-interest missions, in particular the preservation of the works and phonograms in their collections, their restoration and the provision of cultural and educational access to them. These bodies may derive income from the use of orphan works for the sole purpose of covering the costs of digitization and making it available to the public. 

(3) The institutions referred to in paragraph (1) have the obligation to specify the names of identified authors and other copyright holders in all uses of an orphan work.

(4) The provisions of this law shall not affect the contractual freedom of the institutions referred to in paragraph (1) as regards the performance of their public interest tasks, in particular as regards public-private partnership agreements. 

5. Holders of copyright terminating the orphan status of their works or phonograms shall receive fair compensation for the use by the institutions referred to in paragraph (1) of such works or phonograms under the law. 

(6) The fair compensation provided for in para. (5) is determined by the number of copies / reproductions made after the opera or phonogram. 

Art. 124. -
(1) In order to establish the status of orphan work, the institutions referred to in art. 123 par. (1) shall ensure that a diligent and bona fide search is made for each individual work or phonogram by consulting the appropriate sources for each category of work or phonogram concerned. 

(2) The diligent search shall be carried out before the use of the work or phonogram. 

3. Where there are indications that relevant information on copyright holders in other countries may be found, it shall also consult the sources of information available in those countries.

(4) The sources stipulated in paragraph (1) shall be established, by decision of the Director General of the Romanian Copyright Office, published in the Official Gazette of Romania, Part I, after consultation with the copyright holders and the users, for each category of works or phonograms . 

(5) In the case of books published, the sources include the following: 

a) legal deposit, catalogs in libraries, libraries and other institutions' files of authority; 

b) associations of publishers and authors in that country;

c) existing databases and registries, WATCH (Writers Artists and their Copyright Holders), ISBN (International Standard Book Number), and Book Databases printed; 

(d) the databases of the relevant collective management bodies, in particular the bodies representing reproductive rights; 

e) sources integrating multiple databases and registers, including VIAF (Virtual International Authorities) and ARROW (Accessible Registers of Rights Information and Orphan Works) ).

6. In the case of newspapers, magazines, journals and periodicals, the sources shall include the following: 

a) ISSN (International Standard Serial Number) for serial publications; 

b) indexes and catalogs belonging to libraries' collections and collections; 

c) the legal deposit; 

d) associations of publishers, authors and journalists in that country; 

(e) the databases of the relevant management bodies, including the bodies representing reproductive rights. 

(7) In the case of visual works, namely those in the categories of plastic arts, photography, illustrations, design and architecture as well as in the case of sketches of such works and other such works in books, journals, newspapers and magazines, or in the case of other works, the sources include the following: 

a) the sources referred to in paragraph (5) and (6); 

(b) the databases of relevant collective management bodies, in particular in the case of visual arts, including reproductive rights representative bodies; 

c) databases of image agencies, if any. 

(8) In the case of audiovisual works and phonograms, the sources include the following: 

a) the legal deposit; 

b) associations of producers in that country;

c) databases of cinematographic or sound heritage institutions, as appropriate, and of national libraries; 

(d) databases of relevant standards and identifiers, such as ISAN (International Standard Audiovisual Number) for audiovisual material, ISWC (International Standard Music Work Code) for musical works and the International Standard Recording Code (ISRC) for phonograms; 

(e) the databases of the relevant collective management bodies, in particular for authors, performers, phonogram producers and audiovisual producers;

f) the generic and other information on the packaging of the works; 

(g) databases of relevant associations representing a specific category of right holders.

9. A diligent search shall be carried out in the Member State in which the work was first published or, in the absence of publication, in the Member State in which the work was first broadcast, except for the cinematographic or audiovisual works of which the manufacturer is established or habitual residence in a Member State, in which case the diligent search is carried out in the Member State in which the manufacturer has his habitual residence or habitual residence. In this case diligent search shall be carried out in the Member State where the body which made the work or phonogram available to the public with the consent of the copyright holder.

(10) The institutions referred to in art. 123 par. (1) keep records of their diligent search and provide the following information to the competent national authority or to the Romanian Copyright Office: 

a) the results of the diligent searches they have carried out which have led to the conclusion that a work or phonogram is considered a work orphan; 

b) the use of orphan works; 

c) Any change in orphan status; 

d) contact details. 

Article 125. -
The Romanian Copyright Office shall take the necessary measures to ensure that the information provided in Art. 124 par. (10), received from the institutions referred to in art. 123 par. (1) shall be communicated to the Office for Harmonization in the Internal Market in order to be registered in the single online database, accessible to the public, created and administered by it, in accordance with the provisions of Regulation (EU) No. No 386/2012 of the European Parliament and of the Council of 19 April 2012 concerning the assignment by the Office for Harmonization in the Internal Market (Trade Marks and Designs) of tasks relating to enforcement of intellectual property rights,

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

(2) This provision shall also apply to the works and phonograms provided under art. 122 paragraph (4) in so far as it concerns the rights of unidentified or non-licensed copyright holders. 

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

Art. 128. -
The copyright holder of a work or phonogram considered to be an orphan work shall at all times have the opportunity to end the orphan status. 

CHAPTER VI 
Broadcasting and Television Broadcasting Bodies 
SECTION I Rights of Broadcasting and Television Broadcasting Organizations 

Art. 129. - Broadcasting and broadcasting organizations have the exclusive right to authorize or prohibit the patrimonial right, with the obligation for the authorized person to mention the names of the bodies , the following: 

a) setting up own programs and broadcasting or television programs;

(b) reproduction by any means and in any form of their own radio and television program broadcast programs and services, whether or not transmitted by wire or wireless, including cable or satellite, on any medium; 

c) distribution of their own programs and broadcasting programs or programs fixed on any support; 

(d) the import, for the purposes of marketing on the internal market, of their own radio and television broadcast programs and programs and any support;

e) retransmission or re-transmission of their own programs and services of radio or television programs by wireless, wire, cable, satellite or any other similar means, as well as by any other means of communication to the public, including retransmission on Internet; 

f) public communication of their own programs and broadcasting programs in publicly accessible places, with payment of the entry; 

g) renting of own radio and television broadcast programs and programs, fixed on any type of support; 

(h) lending of their own broadcast and television broadcast programs and programs fixed on any medium;

(i) making available to the public their own broadcast and television program and broadcast programs and programs, whether or not earmarked by wire or wireless, including cable or satellite, so that they can be accessed in any place and at any time individually chosen by the public. 

Art. 130. - 
(1) By remittance, within the meaning of this law, is meant the simultaneous broadcasting by a broadcasting organization of a program of another broadcaster. 

(2) The definitions in art. 14-18, art. 20 par. (1), art. 21, 22 and 98 (2) shall apply, by analogy, also to the rights provided for in art. 129. 

Article 131. -
1. Broadcasters and television broadcasters shall have the exclusive right to prevent the importation of copies of their own broadcasting or television programs made without their authorization and fixed on any medium. 

(2) The provisions of art. 129 lit. d) does not apply when the importation is made by a natural person without commercial purpose in his / her legitimate personal luggage. 

Article 132. - The 
duration of the rights provided for in this Chapter shall be 50 years from 1 January of the year following that in which the first broadcast of the broadcasting or broadcasting service of the broadcaster or of the television broadcasting took place. 

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

Art. 134. - 
The provisions of art. 35, 36 and 38 shall apply by analogy to broadcasting and television broadcasters. 

SECTION II 
Public Satellite Communication

Art. 135. -
(1) Broadcasters and television broadcasters, having as their subject-matter the public communication of satellite programs, shall carry out their activity in observance of copyright and related rights protected by this law. 

(2) For the purposes of this Law, communication by satellite means the introduction, under the control and responsibility of a radio or television broadcaster located on the territory of Romania, of signals carrying programs for the capture by the public, in an uninterrupted chain of communication that leads to the satellite and returns to the ground.

(3) For the purposes of this Law, satellite means any satellite operating on frequency bands reserved under telecommunications legislation for the broadcasting of signals for the purpose of reception by the public or for private individual communication. In the latter case, however, it is necessary for individual reception to be made under conditions comparable to those in the first case. 

Art. 136. - 
(1) Where broadcasting signals or program services are broadcast in a coded form, their introduction in the communication chain shall be considered as public communication if the broadcast decoder is made available to the public by that body or with its consent.

(2) The responsibility of the public communication, if the carrier signals are transmitted by an organization situated outside Romania or in a state that is not a member of the European Union and which does not provide the level of protection provided by the present law, is ensured as follows: 

a) if the signals are transmitted to the satellite via an ascending connection station, the responsibility lies with the person who, using the station, is located on the territory of Romania or of a Member State of the European Union; 

b) if an ascendant connection station is not used, but the communication to the public has been authorized by a body having its headquarters in Romania or on the territory of a Member State of the European Union, responsibility lies with the body which has authorized it. 

Article 137. -
1. Owners of copyright may assign their rights to public broadcasting to a broadcasting or television body only by means of a contract concluded either through a collective management body or individually.

2. A framework contract concluded between a collecting society body and a broadcasting or television broadcaster for the public communication by satellite of a category of works belonging to a specific domain may have its effects extended to holders of rights which are not are represented by collective management bodies if such communication to the public by satellite takes place simultaneously with terrestrial broadcasting by the same transmitting body. The unrepresented rightholder may at any time eliminate the production of the extended effects of the framework contract by an individual or collective agreement. 

(3) The provisions of paragraph (2) shall not apply to audiovisual works. 

SECTION III 
Cable retransmission

Art. 138. -
(1) Holders of copyright or related rights may exercise their rights to authorize or prohibit cable retransmission only through a collecting society. 

(2) The amount of the remuneration for copyright and neighboring rights shall be determined by a negotiated methodology between the collective rights management bodies and the related rights and the associative structures of the cable distributors, according to the procedures provided by art. 163 and 164, excluding the calculation of the programs whose cable retransmission is mandatory according to the law.

(3) If the parties can not establish methodologies by negotiation, before initiating the arbitration procedure provided by art. 165 par. (3), they may agree to use an optional mediation procedure. This mediation is carried out by one or more mediators chosen by the parties in such a way that their independence and impartiality can not be called into question. Mediators have the task of helping the negotiations and can notify a proposal to the parties.

(4) Within 3 months of the submission of the proposal by the mediators, the parties shall notify the mediators and the Romanian Copyright Office of rejecting the proposal or accepting it by signing the protocol on methodologies. Notification of the proposal, its acceptance or rejection, shall be in accordance with the rules applicable to the notification of legal acts. Acceptance by all parties is presumed if none of them has notified the rejection of the proposal within this deadline.

(5) If some right holders have not entrusted the management of their rights to a collective management body, the body which manages the rights of the same category is also considered to be the rights manager. If several collecting societies exist in the same field, the rightholder may choose between them. Claims for these rights may be made within 3 years of the date of notification. 

Article 139. -
The provisions of art. 138 par. (1) shall not apply to the rights of broadcasters or broadcasters in respect of their own programs and program services, whether the rights in question belong to them or have been transferred to them by other holders of copyright or related rights. In this case, the exercise of the right to re-broadcast by cable by a broadcaster or television broadcaster is done through contracts concluded with cable distributors, except when cable retransmission is mandatory by law. 

CHAPTER VII 
Sui-generis Rights of Database

Producers Article 140. - 
(1) The provisions of this Chapter concern the legal protection of databases in any form whatsoever.

(2) For the purposes of this Law, a database shall mean a collection of works, data or other independent elements, whether or not protected by copyright or related, arranged in a systematic or methodical manner and individually accessible by electronic means or by other means. 

(3) The protection provided for in this Chapter shall not apply to computer programs used in the manufacture or operation of databases accessible by electronic means. 

(4) For the purposes of this Law, the manufacturer of a database is the natural or legal person who has made a substantial quantitative and qualitative investment to obtain, verify or present the contents of a database. 

Article 141. -
(1) The manufacturer of a database shall have the exclusive right to authorize and prohibit the extraction and / or re-use of all or a substantial part thereof, whether qualitatively or quantitatively. 

(2) For the purposes of this Law: ( 

a) extraction means the permanent or temporary transfer of all or part of a substantial or qualitatively significant part of the contents of the database to another medium by any means or in any form ;

(b) re-use: any form of making available to the public all or a substantial part of the contents of the database, whether qualitatively or quantitatively, through the distribution of copies, rental or other forms, including the making available to the public of the content of the database , so that anyone can access it in the place and at the time chosen individually. The first sale on the internal market of a copy of the database by the rightholder sui-generis or with his consent exhausts the right to control the resale of this copy. 

(3) The public borrowing of a database is not an act of extraction or re-use.

(4) The right provided in paragraph (1) applies independently of the possibility of protecting the database or its content by copyright or other rights. The protection of the databases by the right provided in par. (1) does not prejudice existing rights with regard to their content. 

(5) It is not permissible to extract or re-use, repeatedly and systematically, non-substantial parts of the contents of the database if this would imply acts contrary to normal use of that database or would cause undue damage to the legitimate interests of the database maker. 

Article 142. -
(1) A manufacturer of a database which is made available to the public in any way may not prevent its legitimate use by the extraction or reuse of non-material parts of its contents, whatever the purpose of the use. If the legitimate user is authorized to retrieve or reuse only part of the database, the provisions of this paragraph apply to this part. 

(2) The legitimate user of a database which is made available to the public in any way may not act in conflict with the normal use of that database or which unreasonably prejudice the legitimate interests of the database maker .

(3) The legitimate user of a database, which is made available to the public in any way, may not be prejudicial to the holders of copyright or related rights which relate to works or services contained in this database. 

(4) The legitimate user of a database, which is made available to the public by any means, may, without the authorization of the database maker, extract or re-use a substantial part of its content: 

a) does for the private use of the content of a non-electronic database; 

(b) where the extraction is for the purpose of use for education or for scientific research, provided the source is indicated and to the extent justified by the intended non-commercial purpose;

(c) where extraction or re-utilization is carried out to protect public policy and national security or administrative or judicial proceedings. 

(5) The legitimate user of a database or part of a database may, without the consent of its author, perform any act of reproduction, distribution, communication or transformation necessary for normal use and access to the database; or to some of it. 

Article 143. - 
(1) The rights of the manufacturer of the database shall be created once the database has been finalized. Duration of protection is 15 years starting January 1 of the year immediately following the completion of the database.

(2) Where the database has been made available to the public in any way before the expiry of the period provided for in paragraph (1), the duration of protection shall be calculated from 1 January of the year immediately following that in which the database was first made available to the public. 

3. Any substantial change, qualitatively or quantitatively, of the contents of a database, consisting in particular of additions, suppressions or successive changes and for which a substantial new investment, qualitatively or quantitatively assessed, may be considered, allows you to assign a term of protection to the database resulting from this investment. 

TITLE III 
Management and defense of copyright and related rights CHAPTER I

Management patrimonial copyrights and related rights Section I. General Provisions 

Art. 144. - 
(1) The author or owner of the copyright or related rights shall exercise the rights recognized by this Law individually or collectively, in compliance with this law. 

(2) Collective copyright management can only be done for works previously made public, and collective management of related rights may be made only for previously fixed or previously broadcast performances or phonograms or videograms previously known to the public public.


(3) Rights holders or related rights holders may not assign the patrimonial rights recognized by this law to collecting societies. 

(4) The author or holder of copyright or neighboring rights has the following rights that are mandatory in the statute of collective management bodies: 

a) to choose for which rights, categories of rights or types of works, other protected objects or territories authorize on the basis of a written mandate, a collective management body for their management, irrespective of their nationality, place of residence or place of establishment of the collective management body or of the right holder;

b) to license non-commercial uses of any rights, categories of rights or types of works and other protected objects; 

c) revoke the management mandate or withdraw from the collective management body of its choice any rights, categories of rights, types of works or other protected objects, with reasonable notice not to exceed 6 months; 

d) to collect the remuneration due to the exploitation acts that took place before the entry into force of the revocation or the limitation of the management mandate.

(5) Collective management bodies may not restrict the exercise of the rights provided for in paragraph (4) by imposing the condition that the management of the rights, categories of rights or types of works or other protected objects subject to revocation or withdrawal be entrusted to another body for collective management. 

(6) When authorizing a collecting society, the authors or rightholders give their written consent for each right, category of rights or type of works and other protected objects. 

(7) Authors or right-holders who are not members of a collective management body but have a direct legal link with it by law, assignment, license, or contract type other than the one mandated, have the following rights:

a) to communicate, including by electronic means, with the collective management body, for the purpose of exercising the rights whose exploitation is entitled to receive remuneration; 

b) to be informed about the works, types of works or other protected objects, the rights it directly manages, or representation agreements and covered territories; 

c) to receive a written, reasoned and prompt reply to the complaints concerning the rights management authorization and their revocation or withdrawal, the collection, distribution and payment of remuneration, the deductions applied including in the case of online rights over of the musical works according to the procedures established at the level of the collective management body.

(8) The collective management body shall inform the authors or holders of rights regarding the rights stipulated in paragraph (4) and (7), as well as the conditions related to the right provided in paragraph (4) lit. b) before obtaining their consent to the management of any right, any kind of rights or any type of work or other protected object. 

Article 145. - 
(1) Collective management is mandatory for the exercise of the following rights: 

a) the right to compensatory remuneration for the private copy; 

b) the right to fair remuneration for the public loan provided under art. 18 par. (2); 

c) the right to sue; 

d) the right to broadcast musical works;

e) the right of public communication of musical works, with the exception of the public projection of cinematographic works; 

(f) the right to equitable remuneration for performers and producers of phonograms for public service and for the broadcasting of phonograms published for commercial purposes or reproductions thereof; 

g) the right of cable retransmission; 

h) the right to fair compensation for orphan works; 

(i) the right to multi-territory online licensing of the use of musical works. 

(2) For the categories of rights provided in paragraph (1), collecting societies are also holders of rights that have not given them a mandate. 

Art. 146. - 
(1) The following rights may be managed collectively:

a) the right to reproduce musical works by phonograms or videograms; 

b) the right of public communication of works, with the exception of musical works, and artistic performances in the audiovisual field; 

c) the right to borrow, except in the case provided by art. 145 par. (1) lit. b); 

d) the right to broadcast audiovisual works and performances; 

e) the right to equitable remuneration resulting from the transfer of the right to lease provided for in art. 119 para. (1).

(2) For the categories of rights provided in paragraph (1) the collective management bodies represent only the holders of rights that have granted them mandate and elaborate methodologies, within the limits of the managed repertoire, if the conditions stipulated in art. 162 lit. a), or negotiate license agreements directly with users. The collecting societies will allow, at the request of the users, access by electronic means to the repertoire of managed works, as used by the applicant, in the form provided in art. 153 par. (2), as well as to the list of copyright and related rights holders, Romanian and foreign, which they represent. This collective management activity is under the supervision and control of the Romanian Copyright Office as a guarantor of law enforcement.

3. Collective management bodies shall, upon request, authorize the use of intellectual creation works only on the basis of documents certifying the existence of the mandate of the copyright holders or related parties, except in cases of compulsory collective management. 

Art. 147. - 
The rights recognized in this chapter, except those stipulated in art. 145 and 146 may be managed through collective management bodies only within the limits of the special mandate given by rightholders. 

Art. 148. -
In individual negotiations on the rights recognized by this law, the existence of collecting societies does not prevent holders of copyright and related rights to turn to intermediaries, individuals or legal entities, to be represented. 

Art. 149. - 
(1) The authors or right-holders may, by contract, entrust the management of their rights to independent management entities. 

(2) management entities are independent legal entities with profit, operating according to the regulations on companies and whose sole or main object of activity or one of the objects of main activity is the management of copyright or related rights.

3. Independent management entities may not be owned or controlled, directly or indirectly, wholly or in part, by authors or right-holders, and are not transferred to or transferred to or used by copyright or related rights. 

(4) The independent management entities have the obligation to inform the Romanian Copyright Office within 15 days of their establishment about this, in order to take evidence. 

(5) Producers of audiovisual works, producers of sound and audiovisual recordings, broadcasters and television broadcasters, publishers, managers or entrepreneurs may not function or act as independent management entities.

(6) The independent management entities may conclude representation contracts with the authors or holders of copyright or related rights, in compliance with the provisions of this law. 

(7) The independent management entities are authorised to represent the authors or the rights holders in relation to the collective management bodies, on the basis of the contracts stipulated in para. (6) and within the limits imposed by this law. 

(8) The independent management entities have the following obligations: 

a) to collect the amounts owed by the users and to pay them to the authors or right holders, according to the contractual provisions; 

b) Provide information to the authors or holders about the management of their rights;

c) provide information to collecting societies and other collecting societies, at their request, on the managed repertoire; 

d) grant licenses for the use of online rights to musical works, within the limits of the managed repertoire; 

e) submit to the Romanian Copyright Office an annual report in the format established by decision of the Director General of the Romanian Copyright Office; 

f) to draw up an annual report on the number, manner and timing of complaints, which it publishes on its own website;

g) provide access to information on any aspect of the activity of collecting amounts owed by users and paying them to authors or right-holders for authors or right holders and authorities with control and surveillance responsibilities; 

h) to provide specialised assistance to the authors or right holders and to represent them in the legal proceedings, within the scope of their activity, at their request. 

(9) The Romanian Copyright Office shall verify the fulfilment of the obligations stipulated in paragraph (8). 

SECTION II 
Collective management of copyright and related rights

Art. 150. -
(1) Collective management bodies, for the purposes of this Act, are legal persons constituted by a free association having as their sole or principal object of activity the management of copyrights or rights related to copyright, categories of rights, types of works or of other protected objects that are entrusted to them by several authors or copyright holders for their collective benefit. 

(2) The collective management bodies may not have the purpose of using the protected repertoire for which they have received a collective management mandate in the exercise of their mandate under the terms of this law; the collecting societies are not transferred to or transferred to them or are not assigned copyright or related rights or their use.

(3) For the purposes of paragraph (1) Collective management of rights, categories of rights, types of works or other protected objects includes the licensing, monitoring of the use of rights or types of managed works, the enforcement of these rights, the collection, distribution and payment of amounts due to the authors or holders copyright or related rights arising from the remuneration paid for the exploitation of the rights managed or the investment of the rights earned. 

Art. 151. -
(1) The collective management bodies provided in this chapter are constituted under the law, with the approval of the Romanian Copyright Office, and operate according to the regulations on non-patrimonial associations and according to the provisions of the present law. 

(2) These bodies are created directly by holders of copyrights or related rights, natural or legal persons, and act within the limits of the mandate entrusted and on the basis of the statute adopted according to the procedure provided by the law. 

(3) Collective management bodies may be created separately for the management of distinct categories of rights corresponding to different creative fields as well as for the management of rights belonging to distinct categories of holders. 

Art. 152. -
The collecting societies have the obligation to communicate to the public, by means of mass media, the following data: 

a) the categories of right-holders they represent; 

b) the patrimonial rights it manages; 

c) the categories of users and the categories of natural and legal persons who have the obligation to pay the compensatory remuneration for the private copy to the right holders; 

d) the normative acts under which it operates and collects the remuneration due to the right-holders; 

e) the arrangements for collecting and the persons responsible for this activity, at local and central level; 

f) work schedule. 

Art. 153. -
(1) The notice provided in art. 151 par. (1) shall be granted to collecting societies based in Romania, which: 

a) are to be established or operate according to legal regulations at the date of entry into force of this law; 

b) submit to the Romanian Copyright Office the repertoire of works, performances, artistic performances, phonograms and videograms belonging to its own members and which it manages, as well as the contracts concluded for the management of similar rights with foreign bodies; 

c) they have adopted a status that fulfills the conditions stipulated by the present law; 

d) have an economic capacity for collective management and have the human and material means necessary for managing the repertoire throughout the country;

e) allow, under the explicit procedures in its Statute, access to any copyright or related rights holders in the field for which they are established and wishing to entrust them with a mandate. 

(2) The repertoire referred to in paragraph (1) lit. b) is filed in a database regime, protected by law, in written and electronic format, established by decision of the general manager, and contains at least the name of the author, the name of the right holder, the title of the work, the identifying elements of the performers and performers, phonograms or videograms.

(3) The notice of establishment and functioning for the collective management body shall be granted by decision of the general director of the Romanian Copyright Office and shall be published in the Official Gazette of Romania, Part I, at the expense of the collective management body. 

Art. 154. - 
(1) All members of the collective management body have the right to participate and the right to vote in the general assembly of members. 

(2) The convocation of the general meeting shall be made at least 30 days before the date of publication, by publishing the information on the date, the place and the agenda, both on the website and by any other means of mass communication, including electronic .

(3) If the statutory quorum does not meet on the date set for the general meeting, the general meeting shall be reconsidered within a maximum of 15 days. The decisions of the convoked general assembly shall be taken by a simple majority of the members who have voted. 

4. The General Assembly shall decide at least on the following matters: 

a) the general policy for the allocation of the amounts owed to the authors or right-holders; 

b) general policy on the use of non-distributable amounts; 

c) general investment policy, in respect of income from rights and any income derived from investing income from rights;

d) general policy on deductions from income from rights and from any income derived from investing income from rights; 

e) risk management policy; 

f) approval of any acquisition, sale or mortgaging of immovable property; 

g) the approval of mergers and alliances, the establishment of subsidiaries, acquisitions of other entities or shares or rights in other entities; 

h) approval of proposals for borrowing, lending or loan guarantees; 

i) approval of the annual report; 

j) approval of salaries or payments to the general manager, members of the board of directors and members of the internal commissions.

(5) The general assembly may, by decision, delegate to the body that exercises the supervisory function the competences stipulated in paragraph (4) lit. e) -h). 

Art. 155. - 
(1) The body for collective management has the obligation to ensure the possibility of participation and the expression of the vote for all its members in the general assembly. 

(2) Each member of the collecting society shall have the right to designate, through a power of attorney, another person or entity to participate and vote on its behalf at the general meeting, provided that such designation does not lead to a conflict of interest. 

(3) The conditions for participation and the instructions for exercising the vote are expressly stipulated in the power of attorney, this being valid for a single general meeting.

4. At the General Assembly, the representative shall enjoy the same rights as the member who has appointed him. 

Art. 156. - 
(1) The annual report shall be drawn up within 8 months from the end of the financial year of the previous year. 

(2) The annual report shall be published on the website of the collective management body, where it shall remain at the disposal of the public for a minimum of five years and shall contain at least the following information: ( 

a) the balance sheet, the revenue and expenditure account and a statement cash flows; 

b) a report of the activities of the financial year; 

c) information on the refusals of licensing, according to the provisions of art. 162 lit. b);

d) list of central and local government bodies, composition of internal commissions and list of local representatives; 

(e) information on the total amount of the amounts paid to the Director-General, members of the Board of Directors and members of their internal committees and other benefits to them; 

(f) information on remuneration collected, broken down by category of rights managed and by type of use;

g) financial information on the fee charged to authors or rightholders to cover the costs of collecting, distributing and paying remuneration, containing at least real cost data broken down by category of rights managed and where the costs are indirect; and can not be attributed to one or more categories of entitlements, justifications relating thereto, including the proceeds of the investment, the placements and the bank deposits of the commission;

(h) financial information on the total amount distributed and the total amount paid to the authors or holders of rights, broken down by category of rights managed and by type of use, including the dates at which the payments were made, broken down by collection / distribution periods; 

i) financial information on the total amount collected and unpaid, as well as on the total amount distributed and unpaid to the holders of rights broken down by category of rights managed and by type of use, indicating the periods during which those sums were collected, delays and how to highlight the amounts; 

j) financial information on the amounts that can not be distributed, and how they are used;

k) financial information regarding the amounts received from other collective management bodies with which they are in legal relations provided by the present law, as well as the management fees and other deductions from these amounts, broken down by categories of rights, by types of uses and on collective management bodies; 

l) financial information regarding the amounts collected, distributed and paid to other collective management bodies with which they are in legal relations provided by the present law, as well as the management fees and other deductions from these amounts, broken down by categories of rights, by types of uses and by collective management bodies, indicating the period of collection / distribution;

m) financial information regarding the amounts collected, distributed and paid directly to the authors or right holders, broken down by categories of rights, by types of uses, indicating the period of collection / distribution; 

n) a special report, where appropriate, on the amounts retained for the purpose of providing social, cultural and educational services, broken down by category of rights managed and by type of use, and how to use them. 

(3) The amounts stipulated in paragraph (2) relating to commission and other deductions are presented both in value and as a percentage compared to the remuneration collected in the financial year in question, broken down by category of rights.

(4) The accounting and financial information presented in the report shall be verified by the body performing the supervisory function at least 30 days before the annual general meeting and the report, including the reservations expressed therein, shall be reproduced in full in the account. 

Art. 157. - 
(1) The statute of the collective management body shall include at least provisions regarding: 

a) the conditions for membership and the cases of refusal to grant membership; 

b) the conditions under which the rights of authors or copyright holders are managed on the basis of the principle of equal treatment;

c) the manner of revoking the management mandate, withdrawal of any rights, categories of rights, types of works or other protected objects, as well as the date of entry into force of the revocation or withdrawal; 

d) the rights and obligations of members in relations with the collective management body; 

e) the method of determining and paying the membership fee and the contributions, if these are provided for by the members; 

(f) the method of determining the amounts to be distributed to members and the rules applicable to the distribution of remuneration collected in proportion to the actual use of the author's or the rights holder's repertoire and those applicable to the rights collected for which actual use can not be established;

g) the minimum level at which the payment can be made if the amounts distributed are lower than the management costs; 

h) rules on the regime of amounts that could not be distributed or not claimed; 

i) rules on how to determine the methodologies to be negotiated with users, including representation in the negotiations; 

j) the ways of determining the commission due by the authors or the rights holders, to cover the expenses necessary for the operation; 

k) arrangements for verification of economic and financial management by members; 

(l) the general rules on the use of income from rights and the revenue derived from investing income from rights;

m) provisions regarding the exercise of the supervisory function; 

n) provisions regarding the appointment and dismissal of the governing bodies. 

(2) Any proposal for amendment of the statute shall be subject to the approval of the Romanian Copyright Office two months before the general meeting of the collective management body in which the amendment is to be subject to approval. 

(3) The Romanian Copyright Office issues the opinion stipulated in par. (2) within 10 business days of the request. If the opinion is negative, it must be substantiated.

(4) Within 10 days from the date of the general meeting in which the amendment was approved, the collecting society shall be obliged to submit the change of status, the opinion and the decision of the general meeting to the court in order to register the change. 

(5) The final judgments concerning the registration of the amendments to the statute shall be filed with the Romanian Copyright Office within 5 days from the date of the communication. 

(6) Any change in the status made and registered at the court without the approval of the Romanian Copyright Office shall be null and void. 

Art. 158. -
(1) The collective management mandate is granted directly, by written agreement, by the author or the copyright holder or related rights. 

(2) The exercise of collective management entrusted by the terms of reference may not in any way restrict the patrimonial rights of the author or rightholder. 

(3) The author, the copyright holder, an independent management entity or other collective management bodies and associations of authors or right holders who meet the conditions of membership provided for in the Statute may be a member of a collegiate management body. 

(4) The body is obliged to accept the management of these rights on the basis of collective management within the limits of its object of activity.

(5) The body for collective management may refuse to grant membership if the holder: 

a) fails to prove the alleged rights; 

b) does not submit the repertoire of works, performances and performances, phonograms, videograms and other protected objects; 

c) does not indicate which property rights, types of works or other protected objects choose to be managed by the collecting society; 

(d) is a member of another collective management body for the same rights over the same works, performances and artistic performances, phonograms, videograms and other protected objects for which they request management; 

e) formerly lost membership of the collective management body through exclusion;

f) has been convicted, by a final decision, of a fine or imprisonment for offenses under intellectual property law. 

(6) If the situation stipulated in par. (5) lit. (f) after accession, the collecting society may decide to maintain or terminate membership. 

7. The statutes of the bodies for collective management may include other grounds for refusal of membership, provided that they are objective, transparent and non-discriminatory. The refusal to grant membership shall be motivated in writing. 

(8) Membership of a collective management body shall not be inherited. 

Art. 159. -
(1) In the case of compulsory collective management, if an author or a copyright holder is not associated with any collective management body, competence shall lie with the largest number of members, designated as such by the Romanian Office for Copyright by decision of the Director General. 

(2) If the amounts owed to the authors or rights holders can not be distributed because they could not be identified or located and the exception from this period does not apply, these amounts shall be entered separately in the accounts of the collective management body. 

(3) The claim of the amounts stipulated in par. (2) by authors or right-holders may be made within 3 years from the date of notification.

(4) Notification of unpaid or unclaimed amounts shall be made in writing and electronically, including on the website of the collecting society, within 3 months of the end of the financial year in which they were collected and shall contain the following information if: are known: 

a) the title of the work or the protected object; 

(b) the identification of performers, phonograms or videograms; 

c) the name of the publisher or producer concerned; 

(d) any other information that could facilitate the identification of the right holder.

(5) In order to identify and locate the authors or right-holders, the collecting society shall, within 3 months from the date of the assignment, make available information about the works and other protected objects to: 

a) the members it represents or the entities that are holders of rights; 

b) the collective management bodies in the respective field, as well as those with which he has entered into representation agreements, as the case may be; 

c) to the public, on their own website. 

(6) In order to identify and locate the authors or right-holders, the collective management body has the obligation to verify all records to which it has access. 

Article 160. -
1. The rights, duties, responsibilities and incompatibilities of the Director General, the members of the Board of Directors and the members of the other Committees operating within the collective management body shall be determined by statute. The Director-General is a member of the board of directors and chairs its meetings. 

(2) The members of the collective management body shall not be entitled to remuneration for the functions held, other than those stipulated in paragraph (1). 

(3) The Director General and the members of the Board of Directors have the obligation to complete and submit to the General Assembly an annual individual statement, in compliance with the legal provisions on the protection of personal data, containing the following information:

a) any interests in the collective management body; 

(b) any sum received from the collecting society during the previous financial year, including in the form of salaries, compensatory payments or other benefits of a pecuniary and non-pecuniary nature; 

c) any amount received by the collecting society during the previous financial year as the author or holder of rights; 

d) any existing or potential conflict between the personal interests and the collective management body or between the obligations towards the collective management body and the duties towards another natural or legal person. 

4. The Director-General may not hold other, remunerated or unpaid functions, as follows:

a) within another body for collective management; 

b) within an independent management entity; 

c) as a member of a group of economic interest in the management area of ​​the management body. 

(5) The declaration provided in paragraph (3) shall be submitted to the general meeting and entered in a special register. 

(6) The format of the declaration provided in paragraph (3) shall be established by a decision of the general director of the Romanian Copyright Office. 

Art. 161. -
1. For the purpose of the permanent supervision and monitoring of the work of the collective management body, the general manager and the board of directors, a supervisory body consisting of an odd number of members functions at the level of each collective management body. 

(2) Within the supervisory body, the representation of the various categories of members of the collective management body must be fair and balanced. 

(3) Each member of the supervisory body has the obligation to complete the declaration provided in art. 160 par. (3), within 10 days of appointment. 

4. The Supervisory Body shall meet periodically and shall have at least the following attributions:

a) exercising the powers delegated to it by the general meeting, according to art. 154 par. (5); 

b) the monitoring of the activity and fulfilment of the duties by the general manager and the board of directors, including the implementation of the decisions of the general meeting, especially the policies stipulated in art. 154 par. (4) lit. d); 

c) any other duties provided by the statute. 

(5) The Supervisory Body draws up an annual report on its activity, presents it to the General Assembly and communicates it to the Romanian Copyright Office. 

SECTION III 
Operation of Collective Management Bodies

Article 162. - 
Collective management bodies have the following rights and obligations:

(a) act in the interests of the Members they represent and not impose obligations which are not objectively necessary for the protection of their rights and interests or for the effective management of their rights; 

(b) to grant non-exclusive licenses to users, at their request, made before the use of the protected repertoire for remuneration. Collective management bodies shall respond within a maximum of 10 days upon request, indicating any other information necessary for the granting of the license. If the collecting society does not intend to grant a non-exclusive license for a particular service, it will motivate the refusal in writing;

(c) develop methodologies for the fields of activity, including appropriate patrimonial rights, to be negotiated with users for the purpose of paying such rights, where the mode of exploitation renders impossible the individual authorization by the authors or right-holders; 

(d) to conclude, in the name of the members who have given them a mandate or on the basis of conventions concluded with similar bodies from abroad, general contracts with the organisers of performances, with the users performing public communication activities, with the broadcasting or television broadcasters or with cable service distributors, with the purpose of authorising the use of the protected repertoire;

(e) to collect the amounts owed by the users and to make all necessary efforts for their distribution and payment as soon as possible to its members or to other collective management bodies, including under representation agreements, according to the statutes; 

(f) require users or their intermediaries to provide in writing and electronically within 10 days of the request the information and documents required to determine the amount of remuneration and information on the works used, stamped and signed by the legal representative;

(g) ensure equal treatment of members, including authors or right holders whose rights they manage under a representation agreement, in respect of the management fee and the rules on the collection, distribution and payment of remuneration; 

(h) keep up to date the databases containing the list of members and their repertoires; 

(i) to ensure that its members have access without discrimination to information on any aspect of the activity of collecting sums owed by users and distributing them; 

(j) to carry out any other activity, according to the special mandate received from its members, within the scope of its activity;

(k) to provide control and surveillance authorities with access to information on the activity of collecting and distributing remuneration; 

(l) ensure the transparency of the collective management activity in relations with its members, public authorities and users; 

(m) to ensure correspondence with members, users and collective management bodies with which it has concluded representation agreements, by any means, including electronic means; 

(n) to protect members' interests in the management of rights due to the use of their repertoire outside the territory of Romania by entering into written representation agreements with similar foreign bodies;

(o) to provide specialized assistance to its members and to represent them in legal proceedings, within the scope of the object of activity; 

(p) present in the computer system that they have current, accurate and complete data and information in order to organize the recording and simplification of the payment of remuneration from copyright and related rights by users as well as the distribution of the collected remuneration. The information in the information system of the collective management bodies is established by a decision of the general director of the Romanian Copyright Office;

(q) to respond in writing as soon as possible to complaints, in particular as regards the management of rights, the revocation of the mandate or the withdrawal of rights, the conditions of accession, the collection of amounts owed to the authors or holders of rights, their withholding and distribution; 

(r) keep separate income in its accounts of the income deriving from, or derived from, the inves tigation of these rights, as well as any assets it may own and any income from such assets, management fees or other business; 

(s) to conclude contracts or representation agreements which mandate another collecting body to manage the rights they represent. 

Art. 163. -
(1) In order to initiate procedures for the negotiation of methodologies, the collective management bodies, the users or the associative structures of the users referred to in paragraph (3) lit. b) and c) must file a request with the Romanian Copyright Office, together with the list of proposed parts for negotiation and their identification elements, the proposed methodologies to be negotiated, as well as the proof of their notification for the negotiation. Failure to submit the list or the submission of an incomplete list, as well as the lack of proof of the notification, entail the rejection of the request to initiate the negotiation procedures.

(2) The methodologies shall be negotiated within a commission established by a decision of the general director of the Romanian Copyright Office, issued within 15 days from the receipt of the request for initiation of the negotiation procedures. The decision of the General Director of the Romanian Office for Copyrights shall be published in the Official Gazette of Romania, Part I, at the expense of the requesting entity. 

(3) The Commission for the negotiation of methodologies shall consist of: 

a) one representative of each collective management body, working for each creative area and for a category of rights;

b) one representative of the representative associative structures of the users at national level and one representative of the first 3 major users, based on the turnover, provided that they are declared at the Romanian Copyright Office, on their own liability. Public institutions, including public broadcasters and television broadcasters, which are part of the bargaining commission, are exempted from the declaration of turnover; 

c) one representative of the representative associative structures of the users at local level or, in their absence, the representatives of 2 local users notified by the collective management bodies and submitting to the Romanian Copyright Office the agreement for participation in the respective commission.

(4) Depending on the proposal received for the decision to set up the negotiating committee, the Romanian Copyright Office may convene and designate in the negotiating committee any entity having a legitimate interest. 

(5) The decision to designate the negotiating committee shall be communicated to the parties by registered letter together with the proposal of methodologies submitted by the requesting entity. 

Art. 164. - 
(1) The methodology is negotiated by the collective management bodies with the representatives provided in art. 163 par. (3) lit. b) and c), taking into account the following main criteria: 

a) the category of rightholders, the types of works and other protected objects and the field for negotiation;

b) the category of users represented by the associative structures or other users designated to negotiate at the negotiations; 

c) the repertoire managed by the collective management body for its own members as well as for members of other similar foreign bodies based on reciprocal contracts; 

(d) the proportion of use of the repertoire managed by a collecting society; 

e) the proportion of uses for which the user has fulfilled his payment obligations through direct contracts with rights holders; 

f) Income obtained by users from the activity that uses the repertoire for whose use the methodologies are negotiated;

g) European practice on results of negotiations between users and collective management bodies. 

2. Collective management bodies may require from the same category of users either flat-rate remuneration or percentages of remuneration as a percentage of the revenue earned by each user through the activity in which the repertoire is used or, in the absence of income, of the accrued expenses. For broadcasting, collecting societies may only request percentages of remuneration, differentiated by direct proportionality to the share of use by each user - a television or radio broadcasting organization of the repertoire collectively managed in this activity.

(3) The remuneration provided in par. (2) shall be reasonable in relation to the economic value and share of the use of the rights in question, taking into account the characteristics and scope of the use of works and other subject-matter and the economic value of the service provided by the collective management body. Collective management bodies and users motivate the way in which these remunerations are set. 

(4) The lump-sum or percentage payments provided for in paragraph (2) may only be required if and to the extent that works for which copyrights or related protected rights are within the terms of protection prescribed by law are used.

(5) If the collective management is mandatory according to the provisions of art. 145, the methodologies shall be negotiated without taking into account the criteria stipulated in paragraph (1) lit. c) and e), repertoires being considered as extensive repertoires. 

Art. 165. - 
(1) If the parties can not establish methodologies by negotiation, they may resort to mediation. 

2. Negotiations on methodologies shall be conducted in accordance with the timetable agreed between the two Parties for a maximum period of 60 days from the date of establishment of the Commission.

(3) The parties' understanding of the negotiated methodologies shall be recorded in a protocol filed with the Romanian Copyright Office. The Protocol shall be published in the Official Gazette of Romania, Part I, at the expense of the entity that initiated the negotiation procedure, by decision of the Director General of the Romanian Copyright Office issued within 10 days from the filing date. 

(4) Disputes concerning a collective management body granting multi-territory licenses for online rights to musical works such as: 

(a) disputes with an existing online or potential online music service provider relating to the provisions of Art. 173 par. (4), art. 174, art. 175 par. (1) lit. a) -c) and e) and par. (3);

b) litigations with one or more right holders regarding the provisions of art. 173 par. (4) and Art. 174-178; 

c) disputes with another body for collective management regarding the provisions of art. 174-177. 

(5) Within 30 days from the completion of the mediation procedure, the parties have the obligation to notify the Romanian Copyright Office of the obtained result, in compliance with the rules applicable to the notification of legal acts. 

(6) If the parties have not agreed upon the methodology through negotiation or mediation, they may address, within 15 days from the expiration of the deadlines stipulated in para. (2) or (5) to the court.

(7) The final decision on the methodologies shall be communicated to the parties to the Romanian Copyright Office and published in the Official Gazette of Romania, Part I, at the expense of the Romanian Copyright Office, by a decision of the General Director issued within 5 days from the date of submission. The methodologies thus published are opposable to all users in the field for which it has been negotiated and no discounts can be granted for the payment of the due fees, other than those provided for in the published methodologies.

(8) The methodologies negotiated or established according to the provisions of para. (2) to (6) shall not be invoked against users who are in the process of directly negotiating a license agreement or who have already concluded such negotiations with the collecting societies at the time of the negotiation procedure for the methodologies. 

(9) The methodologies established according to the provisions of para. (3) are opposed to all users in the field for which it has been negotiated and to all importers and manufacturers of media and apparatus for which compensatory remuneration for the private copy is due according to art. 114.

(10) The clauses of any non-exclusive license contract and any methodology published in the Official Gazette of Romania, Part I, which are in breach of the competition rules of Articles 101 and 102 of the Treaty on the Functioning of the European Union, as interpreted by the Court of Justice of the European Union, in particular those that: 

(a) establish and impose on users unfair remuneration or any other trading conditions for unfair non-exclusive licenses; 

(b) apply unequal remuneration or other unequal conditions to equivalent benefits in relation to users, thereby creating a competitive disadvantage;

(c) make the conclusion of non-exclusive licenses subject to the acceptance by users of additional services which, by their nature or in accordance with legal provisions, are not related to the subject of such contracts. 

Art. 166. - 
(1) The collective management bodies, the users or associative structures of the users provided in art. 163 par. (3) lit. b) and c) may submit a new request for the initiation of the negotiation procedures for the tariffs and methodologies only after 3 years from the date of their publication in final form in the Official Gazette of Romania, Part I.

(2) In the case of the negotiations stipulated in art. 114 par. (4), either party may make a new request to initiate the procedures for the negotiation of methodologies only after 3 years from the date of their publication in final form in the Official Gazette of Romania, Part I. 

(3) Pending the publication of the new methodologies, the old methodologies remain valid. 

Art. 167. -
Payments fixed in a fixed amount may be changed annually from the first month of the year following the publication of the methodologies by the collecting societies on the basis of the inflation rate established at national level. These amendments shall be filed at the Romanian Copyright Office, to be published in the Official Gazette of Romania, Part I, at the expense of the collective management bodies, by decision of the Director General of the Romanian Copyright Office, issued within five days from the date of submission. Changes become effective from the next month's publication. 

Article 168. - 
(1) The collection of amounts due by users or other payers shall be made by the collective management body whose repertoire is used.

(2) Where there are several collective management bodies for the same field of creation, the beneficiary bodies shall establish by a protocol deposited with the Romanian Copyright Office, for publication in the Official Gazette of Romania, Part I, at their own expense, the following: 

a) criteria for the distribution of remuneration between the bodies; 

b) the collective management body to be appointed from among them, by decision of the general director of the Romanian Copyright Office, as collector in the respective field; 

c) the way to highlight and justify the costs related to the actual coverage of collection costs of the collector management body.

(3) In the case provided for in paragraph (2), if the beneficiary collecting societies do not submit to the Romanian Copyright Office the mentioned protocol, within 30 days from the date of entry into force of the methodologies, the Romanian Copyright Office shall designate among them the collector in the field of the holders of the rights in question, on the basis of representativeness, by decision of the Director General.

(4) For the situation referred to in paragraph (3), the sole collector designated by the Romanian Copyright Office can not allocate the amounts collected either between the beneficiary bodies or its own members, only after the deposit with the Romanian Copyright Office of a protocol concluded between the beneficiary bodies establishing the criteria on the allocation of the amounts collected. The collection costs in this case are distinctly high and must be substantiated by documents on the actual coverage of the collection costs of the managing body which is the collector in the field of the rights holders concerned.

(5) Upon the expiration of the 30-day period provided for in paragraph (3), any of the collecting societies may resort to mediation or may address the court. 

(6) The amounts collected by the collective management body, as sole collector, according to the provisions of art. 115 par. (1), art. 138 par. (2) and paragraph (1) and (3) of this Article shall be highlighted in distinct analytical accounts.

(7) The collective collector, which is the sole collector, is required to issue the non-exclusive license in written form on behalf of all the beneficiary collecting societies and to ensure the transparency of the collection activities and the related costs in the relations with the beneficiary collecting societies. They have an obligation to support the collection activity. 

(8) The provisions of art. 169 para. (1) lit. c) also applies to collective management bodies that are unique collectors.

(9) The collective management bodies may agree, through a protocol to be published in the Official Gazette of Romania, Part I, by a decision of the general director of the Romanian Copyright Office, the designation of a common collector on a payer's field, due to the categories of rightholders represented by them. In addition, the collecting societies may set up, with the approval of the Romanian Copyright Office, joint collecting bodies for several domains, functioning according to the legal provisions regarding the federations of private legal entities without patrimonial purpose, as well as appropriate the express provisions on the organization and functioning of the collective management bodies of this law. 

Article 169. -
(1) Collective management shall be exercised in accordance with the following rules: 

a) decisions on the methods and rules for the collection of remuneration and other amounts from users, their distribution to authors or rightholders as well as those concerning important aspects of the management collectives are taken by members, in the general assembly, according to their statutes; 

b) the remuneration received by the collecting societies is not and can not be assimilated to their income;

c) the amounts resulting from the placement of unclaimed and unpaid remunerations, in bank deposits or from other transactions carried out within the scope of the object of activity, as well as those obtained as a result of the breach of copyright or related rights, are allocates rights holders and can not constitute income of the collective management body;

(d) the amounts collected by a collecting society shall be distributed and paid to its members in proportion to the use of each repertoire as soon as possible but no later than 9 months after the end of the financial year in which they were collected, unless these deadlines can not be met for objective reasons, including in particular user reports, the identification of rights, rights holders, or the correlation between information on works and other protected objects, on the one hand , and right-holders, on the other, or if its members are prevented from complying with the above-mentioned reasons; 

e) the minimum level at which payment can be made is provided in the statute;

f) the provision referred to in point (e) it shall also apply in the relationship between the single collector designated collective management organization and the beneficiary bodies; 

(g) in the case of representation contracts, the amounts collected by a collecting society shall be distributed as quickly as possible but no later than 9 months after the end of the financial year in which the remuneration was collected, unless the body of collective management is prevented from complying with this deadline for objective reasons, including in particular user reports, the identification of rights or rights holders;

(h) the management fee is the percentage retained by the authors or right-holders, income from rights or any income deriving from the inves- tigation of income from rights to cover the costs of collecting, distributing and paying remuneration. The commission owed by members and right-holders directly linked to the collective management body shall be withheld at the time of the distribution and may not exceed 15% of the amounts allocated individually; 

i) the commission retained by the collective management body which is the sole collector, cumulated with the commission retained by its members by the beneficiary collecting societies, may not exceed 15% of the amounts allocated to each;

j) the commission retained by the collective management body which is the sole collector shall be deducted from the amounts allocated to each beneficiary collecting body at the time of the payment; 

k) the management fee applies to each managed asset; 

(l) commissions are established on a contractual basis in the case of rights managed under a special mandate and in the case of representation contracts; 

m) Collective management bodies may decide that the revocation or withdrawal of the collective management mandate of rights, categories of rights or types of works and other protected objects shall enter into force only at the end of the financial year. 

2. The collecting societies shall keep separate accounts:

(a) the amounts collected, shown in separate analytical accounts for each source of collection; 

(b) any income provided for in the Statute, including management fees, own assets, membership fees, contributions, donations, sponsorship, interest and dividends resulting from the placement of income, shown in separate analytical accounts; 

c) the unclaimed amounts, evidenced and kept by the representative body, in separate analytical accounts for 3 years from the date of notification. 

(3) Upon the expiration of the term stipulated in par. (2) lit. c) the unclaimed amounts shall be used in accordance with the statutes.

(4) Collective management bodies shall not have the right to use the income from rights or any income derived from the inves tigation of the income from rights for purposes other than the assignment to the authors or rights holders except for the deduction of the management fees and the services provided for par. (6). 

(5) Where a collecting society invests income from rights or any income deriving from the investment of income from rights, this must be done in the common interest of its members, in accordance with the policy set out in Art. 154 par. (4) lit. c) and e) and in compliance with the following rules:

(a) where there is a potential conflict of interest, the collecting society shall ensure that the investment is carried out solely in the interests of its members; 

b) the assets are invested in a way that ensures the safety, the quality, the liquidity and the profitability of the portfolio as a whole; 

c) assets are diversified appropriately to avoid over-reliance on a given asset and risk pooling across the portfolio.

6. Where, by statute, provision is made for the possibility of a collecting society being able to provide social, cultural or educational services financed through deductions from income from rights or from any income deriving from the investing of rights derived from rights, these services shall be provided on the basis of fair criteria, in particular as regards access to and the extent of such services.

(7) Users are required to provide to the collecting societies, within the agreed and predetermined timeframe, the relevant information at their disposal on the use of the rights represented by the collecting society which are necessary for the collection of income from rights and for the distribution and payment to the authors or rights holders of the amounts due. Collective management bodies and users shall, as far as possible, take account of voluntary sectoral standards as to the format in which this information is to be made available. 

Art. 170. -
1. Each Member shall have the right to request, in his own name or through an authorized representative, detailed information and documents concerning the amounts he has been allocated in the last 12 months, the provenance, the method of calculating the entitlements and the deductions applied and the verification the concordance of these data with the provisions of the distribution regulation. 

(2) The collecting societies have the obligation to publish, on their own website, at least the following updated information: 

a) status; 

b) list of members, central and local governing bodies, composition of internal commissions and list of local officials;

(c) the methodologies on the basis of which it collects the remuneration due to members, as well as the decisions by which the collecting society has been designated a collector; 

(d) the name of the sole collector if the remuneration is collected through it; 

e) standard contracts for non-exclusive licenses; 

f) the list of representation agreements concluded with other collecting societies, their names, as well as the list of representation contracts concluded with similar bodies from abroad; 

g) the arrangements for collecting and distributing the amounts owed to the authors or right-holders, as well as the persons responsible for this activity, at the local and central level;

h) complaints and dispute settlement procedures and mediation procedures; 

i) information on the general meetings held during the last 5 years, such as: the date and place of the convocation, the agenda and the decisions taken, as the case may be; 

j) annual report. 

3. Collective management bodies shall make available to collecting societies with which they have concluded representation agreements, by any means, including electronic means, at least once a year, at the end of the financial year and on request, or how many times are requested at least the following information for the period covered by the information:

(a) the amounts distributed, the amounts paid, broken down by category of rights managed and by types of uses for the rights which they manage under a representation agreement, and any amounts distributed and unpaid for any period; 

b) the retained management fee and any other deductions established by the representation agreement. 

(4) The representation contracts concluded by the similar foreign bodies, stipulated in par. (2) lit. f) shall be concluded in written form, indicating how to exchange information on the repertoire of the parties, the rights managed, the duration and the modalities of payment.

5. Collective management bodies shall make available to the authors or rightholders to whom they have assigned revenue from or for the benefit of which they have made payments during the period to which the information relates, at least once a year, by any means, including electronic, at the end of the financial year and, upon request, whenever requested, at least the following information: ( 

a) any contact details that the management body has authorized by the author or right holder to use them for its identification and location; 

(b) the amounts allocated to that Member, broken down by categories of rights managed and by types of use;

(c) the amount of the amounts paid by the collective management body to that Member, broken down by categories of rights managed and by types of use; 

(d) the period in which the uses corresponding to the amounts distributed and paid to the member concerned have taken place, except where the collecting society can not provide this information for objective reasons relating to the reports made by the users; 

e) the retained management fee, broken down by categories of rights managed and by type of use; 

f) any detention for the purpose of providing social, cultural or educational services; 

(g) any remuneration or income deriving from rights allocated to the author or right-holder and unpaid, for any period.

(6) Collective management bodies have the obligation to make available to holders of non-member rights but directly linked to the management body and to the collective management bodies with which they have concluded representation agreements by any means, including electronic means , at least once a year, at the end of the financial year, and on request whenever requested, at least the following information: 

a) revenue from distributed rights, amounts paid by the collecting society broken down by categories of rights managed and by types of uses for the rights it manages under a representation agreement, as well as any revenue from rights allocated for any period that is not paid;

b) holdings on behalf of management fees; 

c) any detentions for the purpose of providing social, cultural or educational services; 

(d) information on any licenses granted or refused in respect of works and other subject-matter covered by the representation agreement; 

e) decisions adopted by the general meeting of members, insofar as such judgments are relevant to the management of rights under the representation agreement. 

(7) Within 30 days prior to the general meeting, any member shall have the right to consult, at the premises of the collective management body or by electronic means, in compliance with the legal provisions on the protection of personal data, the following: 

a) giving annual report;

b) annual reports drawn up by the Director-General, the Steering Board, the Standing Committee on Access to Information, the Internal Commissions and the Supervisory Body; 

c) the text and the explanatory statements of each draft resolution to be submitted to the approval of the general meeting; 

d) the individual salaries of employees; 

e) the balance of bank accounts, investments and interest received at the end of the last financial year; 

f) the status of user categories, the number of notifications, the number of payers in each category, and the aggregate amount collected from each category; 

g) the situation of disputes; 

h) any transaction or payment schedule for users approved by the board of directors;

(i) statements of incompatibility and income. 

(8) Access to the information provided in paragraph (7) is made on a written request and with limited access to the personal data of the employees of the collective management body. 

(9) Within the framework of a collective management body, the special permanent committee on access to information, designated by the general assembly, consisting of 5 members, who are not employees and are not members of the management or supervisory bodies, operate. 

(10) Persons who consider that their right of access to the requested information has been violated may within 3 days notify the commission stipulated in par. (9). The Commission is obliged to respond, within 7 days, both to the person who made the referral and to the Director-General.

(11) The commission provided in par. (9) draws up an annual report on its work, which it submits to the General Assembly and to the Romanian Copyright Office. 

12. The body for collective management shall, at least by electronic means and without undue delay, provide at least the following information to any collecting society in whose name it manages rights under a representation agreement or any rightholder or user: 

(a) works or other subject-matter which they represent, the rights they manage directly or through representation agreements and the territories covered;

b) if, due to the scope of the activity performed by the collective management body, such works or other protected objects can not be established, the types of works or other protected objects they represent, the rights they manage and the territories covered . 

Art. 171. - 
Independent management entities have the obligation to make available to the authors or rights holders to which they manage their rights, by any means, including electronic ones, once a year, at the end of the financial year and upon request whenever at least the following information is required: 

a) any contact data that the entity has been authorized by the author or right holder to use to identify and locate it;

b) the amounts allocated to the author or right holder; 

c) the amount of the amounts paid by the independent management entity to the author or right holder, broken down by categories of rights managed and by types of uses; 

(d) the period in which the uses corresponding to the amounts distributed and paid to the author or right-holder have occurred, except where the independent management entity can not provide such information for objective reasons relating to users' reports; 

(e) amounts retained for the management of copyright or related rights; 

f) any remuneration distributed to the author or holder of rights and unpaid, for any period. 

Art. 172. -
(1) The collecting societies have the obligation to submit to the Romanian Copyright Office, within 15 days from the holding of the general meeting: 

a) annual report; 

b) updated repertoire; 

c) representation contracts with similar foreign bodies. 

(2) The documents referred to in paragraph (1) lit. a) and b) shall be filed with the Romanian Office for Copyright in the format established by decision of the Director General of the Office. 

SECTION IV 
Granting Multi-Territorial Licenses for Online Rights on Musical Works by Collective Management Bodies 

Art. 173. -
(1) For the purposes of this Law, a multi-territorial license means a license for the reproduction right and the right of public communication, which includes the right to make available to the public on the Internet or other computer networks and covering the territory of several States members of the European Union. The two rights can be managed separately. 

(2) Online rights to musical works means any of the rights provided in paragraph (1) and which are necessary for the provision of an online service. 

(3) Multi-territory licensed music for online rights means any musical work, including those included in audiovisual works. Music works in the form of scores are exempt from the provisions of this Title.

(4) An online music service provider, hereinafter referred to as a provider, means any natural or legal person who is responsible for the content of the online music service through which musical works are reproduced for public service purposes. Suppliers are required to accurately report the actual use of these works. 

(5) The collective management body granting multi-territory licenses for online rights to musical works must fulfill the following conditions: ( 

a) has the ability to accurately identify, in whole or in part, musical works, covered territories, rights and authors or rightholders appropriate for each musical work or any part thereof, which it is authorized to manage;

b) has the ability to electronically process the data necessary for licensing, identification and monitoring of the use of the repertoire, collection, distribution and payment of the remuneration due to its members and for the issuance of invoices to the users; 

c) use unique codes to identify authors or copyright holders and musical works, taking into account international standards and practices developed internally or within the European Union; 

(d) use appropriate means to resolve rapidly and effectively the inconsistencies identified between the data and information held by it and other collecting societies that grant multi-territory licenses for online rights to musical works. 

Article 174. -
1. At the request of suppliers, other collecting societies or the members they represent, the collecting society providing multi-territorial licenses shall, by electronic means, provide up-to-date information to identify the online music repertoire it manages, including : 

a) Managed musical works; 

b) rights managed in full or in part; 

c) covered territories. 

2. A collective management body granting multi-territorial licenses shall take steps to protect the accuracy and integrity of the data held in order to control its reuse and to protect commercially sensitive information.

3. The collective management body granting multi-territorial licenses shall allow members, other collecting societies and suppliers to request a rectification of the data referred to in paragraph (1) when they consider the data to be inaccurate. Where such requests are justified, the collecting society shall, as a matter of urgency, correct the data or information held. 

Art. 175. - 
(1) With regard to the management of online rights for multi-territorial licensed musical works, the collective management body granting multi-territorial licenses has the following obligations:

(a) monitor the use of musical works managed wholly or in part by the providers to whom they have granted a multi-territorial license for those rights; 

b) Provide the electronic means necessary for the providers to report the real use of multi-territorial licensed music for the respective rights. For the electronic exchange of these data, at least one reporting method shall be used which takes account of optional standards or practices in the field developed internationally or within the European Union;

(c) after reporting actual use by suppliers, issue invoices and transmit them to them as soon as possible, including by electronic means, using at least one format that takes account of internationally prepared standards or practices in the field or within the European Union; 

d) distribute and pay accurately and without delay the remuneration due to the authors or right-holders whose musical works have been used under these licenses, providing for each payment information on the period and territories in which these uses took place, amounts collected from each supplier and distributed, commission and other deductions applied;

e) provide electronic means by which the authors or right-holders whose musical works are included in their own repertoire, as well as those who entrusted it with the management of their rights online, provide them with information about their musical works or their rights, and the territories for which the management body mandates.

(2) The provisions of paragraph (1) lit. d) shall also apply if a collective management body mandates another collecting society body to grant multi-territory licenses for online rights to musical works in accordance with the provisions of Art. 176. The collective management body mandating it is responsible for the subsequent distribution of these amounts to the authors or right-holders, and to the disclosure thereof, unless otherwise agreed by the collecting societies. 

(3) The provisions of paragraph (1) lit. e) shall also apply if a collective management body mandates another collecting society to grant multi-territorial licenses in accordance with the provisions of Art. 176 and 177, unless otherwise agreed.

4. The collecting society may refuse to accept reports submitted by suppliers in a form protected by exclusive rights if the body allows the use of a sector-accepted standard for electronic data exchange for reporting. 

(5) The supplier may not refuse to accept the invoice because of its format if the collecting society uses a sector-accepted standard. 

(6) The invoices provided for in paragraph (1) lit. c) must include accurate data and at least the title of the works and the licensed rights, in whole or in part, as well as information on actual uses made available by the provider.

(7) The provider may contest the accuracy of the information contained in the invoices issued by one or more collecting societies which deal with the same online rights for the same musical work. 

8. Where a collegiate management body instructs another collecting society to grant multi-territory licenses for online rights to musical works, the mandated collective management body shall assign the remunerations collected accurately and without delay. 

Article 176. -
1. Any representation agreement under which a collective management body mandates another body to grant multi-territory licenses for online rights to musical works in its own repertoire shall be non-exclusive. The mandated collective management body manages these rights in a non-discriminatory manner. 

2. The collective management body mandating its members shall inform its members of the main terms of the representation agreement, including its duration and the cost of the services provided by the mandated collective management body.

3. The mandated collective management body shall be required to inform the collecting society body which mandates on the conditions under which multi-territorial rights licenses are granted for online rights, including the nature of the use, all provisions relating to the licensing fee or affecting that commission, the duration of the license, the accounting periods and the territories concerned. 

Article 177. - 
Where a collecting society does not grant multi-territory licenses for online rights to musical works in its own repertoire, it shall request the conclusion of a representation agreement with another collecting body which: ( 

a) aggregates other repertoires and does not grant multi-territory licenses exclusively for its own repertoire;

(b) shall not be limited to the aggregation of rights in respect of the same works for the purpose of granting joint licenses for the reproduction right and the right of public communication. 

2. The collective management body to which the request is addressed shall have the following obligations: 

a) to accept the application if it already grants multi-territorial licenses for the same category of online rights to musical works in the repertoire of one or more collective management bodies; 

(b) respond in writing to the applicant collective claimant in writing as soon as possible; 

(c) manage the remit of the applicant collective management body under the same conditions as the management of its own repertoire;

d) include the applicant's collective management body repertoire in all tenders addressed to the suppliers. 

3. The management fee retained by the applicant collective management body shall not exceed the reasonable costs borne by the collective management body to which the request is made. 

4. The applicant's collective management body shall make available to the collecting society body to which the request is addressed the repertoire and information required for multi-territory online rights licensing.

(5) Where the information provided in paragraph (4) are insufficient or provided in a form which does not allow the collecting society to which the request is made to comply with the requirements of this Article, the latter shall have the right to invoice the costs incurred within the reasonable limits to meet those requirements or to exclude the works for which the information is insufficient or can not be used. 

Art. 178. - 
(1) Authors or right-holders who have authorized a collective management body to manage their online rights to musical works may withdraw the mandate if it does not grant multi-territorial licenses or request another management body the conclusion of a representation agreement in this respect.

(2) In the case provided for in paragraph (1), the authors or right-holders have the possibility to grant themselves or through another party or other parties multi-territorial licenses, withdrawing their rights from the original collective management body to the extent necessary and having the possibility to grant the same rights for granting of mono-territorial licenses. 

Art. 179. - 
(1) The provisions of art. 173-178 does not apply to multi-territorial licenses granted by collecting societies for: ( 

a) musical works necessary for a broadcasting company to communicate or make available its radio or television programs simultaneously or after such transmission;

(b) any online material produced by or for the broadcasting company, which is ancillary to the original broadcast, for the purpose of completing, previewing or revising the program, including previews. 

(2) The provisions of paragraph (1) shall not apply if they lead to distortions of competition with other services which offer consumers online access to musical or individual works and must not lead to restrictive practices such as market sharing or customers. 

CHAPTER II 
Romanian Copyright Office 

Art. 180. -
(1) The Romanian Copyright Office functions as a specialized body subordinated to the Government, being a sole regulatory authority, evidence through national registers, supervision, authorization, arbitration and technical and scientific findings in the field of copyright and related rights. 

(2) The financing of current and capital expenditures of the Romanian Office for Copyright is made entirely and distinct from the state budget, through the budget of the Ministry of Culture and National Identity, the coordinating minister being the main authorizing officer. 

(3) The organization, the functioning, the structure of the personnel and the facilities necessary for the fulfillment of the attributions of the Romanian Office for Copyright are established by a Government decision.

(4) Romanian Copyright Office is coordinated by the minister of culture and national identity and is headed by a Director General, assisted by a Deputy Director General, appointed by decision of the Prime Minister, the Minister's proposal coordinator. 

Art. 181. - 
(1) The main attributions of the Romanian Office for Copyright are: 

a) to regulate the activity in the field by decisions of the general director, according to the law; 

b) elaborates draft normative acts in its field of activity; 

c) keep records of the repertoires sent by the collective management bodies; 

d) organizes and administers the registration in the national registers and other national specific registers provided for by law;

e) free of charge holographic marks usable under the law in the field of copyright and related rights at the value of the purchase price plus a management fee of 30%; 

f) approves the constitution and supervises the functioning of the collective management bodies; 

g) to approve, as a specialized body of the central public administration, according to the law, registration of associations and foundations established in the field of copyright and related rights in the registry of the court of the court, including as regards the anti-piracy associations;

h) control, at its own expense, ex officio or upon a written notification, compliance with the legislation in the field, the functioning and activity of the collective management bodies, including by granting access to their computer system, and determines the measures for entry into law or sanctions , as the case; 

i) collaborate with similar authorities in the Member States of the European Union to monitor the application of the European Union provisions on copyright and related rights; 

j) perform, at the expense of the defendants, at the expense of the defendants, scientific and technical findings regarding the originality of the copyright products or related rights at the request of the criminal investigation bodies;

(k) perform expertise against payment at the expense of the parties concerned or at the request of the judicial authorities; 

l) carries out information activities related to the legislation at its own expense, as well as training activities, at the expense of those interested; 

m) performs representation activities in relations with similar specialized organizations and international organizations in the field, to which the Romanian state is a party; 

n) performs any other duties provided by the law. 

(2) The Government decides the tariffs for the operations which may be performed by the Romanian Copyright Office against payment. The value of the operations provided for in paragraph (1) lit. j) shall be included in court costs.

(3) In order to fulfill the attributions established by law, the Romanian Copyright Office shall have access to the necessary information operably and free of charge from the National Center for Cinematography, the National Trade Register Office, the National Customs Authority, the National Agency for Fiscal Administration and the Romanian Border Police, the Directorate for the Evidence of Personnel and the Administration of Databases and the General Directorate of Passports within the Ministry of Internal Affairs, as well as from the financial-banking institutions, according to the law. 

Article 182. -
On the occasion of the inspections carried out by the Romanian Copyright Office according to the provisions of Art. 181, the supervised person is obliged to submit any documents and information requested by the control bodies and to hand over copies thereof, if requested. 

Article 183. -
(1) The control activity of the Romanian Office for Copyright, provided in art. 181 par. (1) lit. h) shall be carried out only with the prior notification of the controlled collective management body, communicating at the same time the objectives of the control. The Romanian Copyright Office may carry out general annual inspections, notified 10 days prior to the inspection, as well as spot checks on complained problems whenever needed, notified three days in advance.

(2) On the occasion of the inspections carried out by the Romanian Copyright Office, the general manager shall be obliged to present any documents and information requested by the control bodies and to hand over copies thereof, if requested. The control bodies may take explanatory notes in relation to the established situations, both to the general manager and other persons employed. 

(3) The conclusions of the control bodies of the Romanian Copyright Office, together with the observations of the general manager, shall be recorded in a minutes.

(4) On the basis of the conclusions of the audit, in the event of irregularities, the Romanian Copyright Office may decide to communicate the minutes to the general assembly of the collective management body concerned, who shall discuss it at its first ordinary meeting. 

Art. 184. - 
(1) If the Romanian Copyright Office, following a scheduled control or a notification, finds that the collecting society fails to comply with the obligations imposed by this law, except for those whose breach shall sanction the lawfulness of the law and shall grant a decision of the general director of the Romanian Copyright Office by a decision of 3 months for their fulfillment.

(2) Measures ordered according to par. (1) must be clear, precise and with an indication of the legal basis on which it is based. 

(3) Upon the expiration of the term stipulated in par. (1), the Romanian Copyright Office verifies the fulfillment of the ordered measures and, if it finds that they have not been fulfilled, decides to suspend the activity of the collective management body, by a decision of the general director of the Romanian Copyright Office. 

(4) Against the decision provided in paragraph (3) a preliminary complaint can be made, according to the Law of administrative contentious no. 554/2004, as amended and supplemented.

(5) The suspension measure shall be revoked by a decision of the general director of the Romanian Copyright Office after the measures ordered according to para. (1). 

(6) The provisions of paragraph (1) to (5) shall also apply as appropriate to independent management entities for the legal provisions relating to those entities. 

CHAPTER III 
Protection measures, procedures and sanctions SECTION I Technical protection measures and information on the rights regime 

Art. 185. -
(1) The author of a work, the performer, the producer of phonograms or audiovisual recordings, the broadcasting or television broadcaster and the database maker may establish technical measures to protect the rights recognized by this law. 

(2) For the purposes of this Law, technical measures mean the use of any technology, device or component which, in the course of its normal operation, is designed to prevent or restrict acts which are not authorized by the holders of rights recognized by this law.

3. Technical measures shall be considered to be effective where the use of a work or other subject-matter of protection is controlled by the right-holder by the application of an access code or a protection pro- cedure such as encryption, coding, jamming or any alteration of the work or other object of protection or a copy control mechanism if the measures meet the objective of ensuring protection.

(4) Rights holders who have established technical protection measures have the obligation to make available to the beneficiaries the exceptions stipulated in art. 35 par. (1) lit. a), c) and e), art. 35 par. (2) lit. d) and e) and art. The means necessary for legal access to the work or to any other object of protection. At the same time, they are entitled to limit the number of copies made under the above conditions. 

(5) The provisions of paragraph (4) shall not apply to protected works made available to the public in accordance with the contractual clauses agreed between the parties so that any public may have access to them in any place and at any time individually chosen. 

Article 186. -
(1) Holders of the rights recognized by this law may provide, in electronic form, associated with a work or any other object of protection or in the context of their public disclosure, information on the rights regime. 

(2) Information about the rights regime within the meaning of the present law means any information provided by the right holders that permits the identification of the work or any other object of protection by this law, the author or other right holder, as well as the conditions and the manner of using the work or any other object of protection, as well as any number or code representing that information. 

SECTION II 
Procedures and Sanctions

Art. 187. -
(1) Infringement of the rights recognized and protected by this law entails civil, contravention or criminal liability, as the case may be, according to the law. The procedural provisions are those set out in this law, which are supplemented by those of ordinary law. 

(2) In an action for breach of the rights protected by the present law and in response to a justified request of the applicant, the court has the right to request the supply of information on the origin and distribution networks of goods or services which affect a right provided by this law, whether from the perpetrator or from any other person who: 

a) has commercially owned pirate goods; 

b) used for commercial purposes services infringing the rights protected by the present law;

c) to provide, for commercial purposes, products or services used in activities that violate the rights provided by the present law; 

d) has been indicated by any of the persons referred to in a), b) or c) as being involved in the production, manufacture, manufacture, distribution or rental of pirate goods or pirate access control devices or the provision of products or services infringing the rights protected by this law. 

(3) The information provided in paragraph (2) shall include, as appropriate:

(a) the names and addresses of the manufacturers, manufacturers, distributors, suppliers and other previous holders of the goods, devices or services, including carriers, consignees and retailers; 

(b) information on the quantities produced, delivered, delivered or transported, received or ordered, and the price obtained for the goods, devices or services concerned. 

(4) The provisions of paragraph (2) and (3) shall apply without prejudice to other legal provisions which: 

a) grant the rightholder the right to receive more extensive information; 

(b) provide for the use in civil or criminal cases of information communicated in accordance with this Article;

c) provide for liability for abuse of the right to information; 

d) give the possibility to refuse to provide information that would impose the person mentioned in par. (1) to admit his own participation or that of his close relatives to an activity infringing the rights protected by this law; 

e) provide for the protection of the confidentiality of information sources or the processing of personal data. 

Article 188. -
(1) Holders of rights recognized and protected by this law may ask the courts or other competent bodies, as the case may be, for the recognition of their rights and the finding of their violation, and may claim compensation for the damage caused. The same requests may be filed on behalf of and for rights holders by the management bodies, by the anti-piracy associations or by the persons authorized to use rights protected by this law, according to the mandate granted to them. When an action was initiated by the holder, the persons authorized to use rights protected by this law may intervene in the process, seeking compensation for the damage caused to them.

(2) When establishing damages, the court shall consider: ( 

a) either criteria such as negative economic consequences, in particular unrealized gains, unjustifiably profitable benefits and, where appropriate, other items other than economic factors, such as the moral damages caused to the rightholder; 

(b) either the award of damages amounting to three times the amount that would have been legally owed for the type of use which was the subject of the unlawful act, if the criteria set out in subparagraph a).

(3) If the owner of the copyright or one of the persons mentioned in par. (1) makes credible evidence that copyright is the subject of an unlawful act, whether current or impending, and that the action is likely to cause him or her to be harmed, it may require the court to take interim measures. The court may order in particular: 

a) the prohibition of the violation or its provisional termination; 

b) take the necessary measures to ensure the preservation of evidence;

c) taking the necessary measures to ensure the repair of the damage; to that end, the court may order the taking of precautionary measures on the movable and immovable property of the person alleged to have infringed the rights recognized by this law, including the blocking of its bank accounts and other assets. To that end, the competent authorities may order the communication of banking, financial or commercial documents or appropriate access to the relevant information; 

d) Withdrawal or surrender to the competent authorities of the goods suspected of violating a right provided by the present law in order to prevent their introduction into the commercial circuit.

(4) The applicable procedural provisions are contained in the provisions of the Code of Civil Procedure concerning interim measures in the field of intellectual property rights. 

(5) The same measures may be applied under the same conditions against an intermediary whose services are used by a third party to infringe a right protected by this law.

(6) The measures provided in paragraph (3) and (5) may include a detailed description, with or without sampling, or actual seizure of the disputed goods and, in appropriate cases, the materials and instruments used to produce and / or distribute these goods, such as and documents relating to them. These measures will also be taken into account in applying the provisions of Art. 169-171 of the Code of Criminal Procedure.

(7) The court may authorize the removal of objects and documents that constitute evidence of copyright infringement or related rights, in original or in copy, even when they are in the possession of the adverse party. In the case of infringements committed on a commercial scale, the competent authorities may also order the communication of banking, financial or commercial documents or appropriate access to the relevant information.

(8) For the adoption of the measures provided for in paragraph (3) and (7), subject to the protection of confidential information, the courts will require the applicant to provide any reasonably available evidence to prove with sufficient certainty that his or her right has been infringed or that such prejudice is imminent. The number of copies of a work or any other protected object, at the discretion of the court, shall be considered sufficient evidence. In this case, the courts may require the claimant to lodge a sufficient security to compensate for any damage that the defendant might suffer.

(9) Measures of evidence provision or of establishing a state of facts ordered by the court shall be performed by a bailiff. Holders of the rights alleged to have been infringed or in respect of which there is a danger of being infringed or the representatives of such holders are entitled to participate in the enforcement of measures to provide evidence or to ascertain a state of fact. 

(10) Holders of the violated rights may request the court to order the application of any of the following measures: 

a) remittance of the proceeds of the illicit act to cover the damages suffered;

b) the destruction of equipment and means owned by the perpetrator, whose sole or principal destination was the production of the illicit act; 

c) the removal of illegal children from the trade, confiscation and destruction; 

(d) disseminating information on the court's decision, including the display of the judgment, and its full or partial publication in the media at the expense of the perpetrator; under the same conditions, courts may order additional advertising measures tailored to the particular circumstances of the case, including large-scale advertising.

(11) The court shall apply the measures provided for in paragraph (10) at the expense of the perpetrator, unless there are good reasons for not incurring the costs. 

(12) The measures provided in paragraph (10) lit. b) and c) may also be ordered by a prosecutor in the case of classification or waiving of criminal prosecution. The provisions of paragraph (10) lit. c) shall not apply to constructions made in violation of architectural works rights protected by this law if the destruction of the building is not required by the circumstances of the case.

(13) In disposing of the measures provided in paragraph (10), the court will comply with the principle of proportionality with the gravity of the violation of the rights protected by this law and will take into account the interests of third parties susceptible to be affected by these measures. 

(14) The judicial authorities are obliged to communicate to the parties the solutions adopted in the cases of violation of the rights regulated by the present law.

(15) The Romanian Government, through the Romanian Copyright Office, supports the development by professional associations and organizations of codes of conduct at Community level designed to help ensure respect for the rights provided by this law, especially with regard to the use of manufacturer identification codes applied to optical discs. The Government of Romania also supports the transmission to the European Commission of the draft codes of conduct at national or Community level and the evaluations regarding their application. 

Article 189. -
(1) The holder of copyright or related rights may be represented in all proceedings, negotiations and legal acts, throughout the duration and at any stage of the civil or criminal proceeding or outside such a process, by a proxy agent. 

(2) In order to initiate the criminal proceedings, as well as to withdraw the preliminary complaint and the reconciliation of the parties, the mandate shall be considered special, if given for representation of the copyright holder or related rights, in any violation of his / her rights. 

Art. 190. - 
The following deeds shall be considered contraventions and shall be sanctioned by a fine from 3,000 lei to 30,000 lei: 

a) violation of the provisions of art. 24 paragraph (5); 

b) violation of the provisions of art. 89 and 90;

c) violation of the provisions of art. 114 par. (3); 

d) violation of the provisions of art. 149 para. (4) or (8); 

e) breach of the provisions of art. 162 lit. b), e), g), i), k), l), p) and q) and art. 172 par. (1); 

f) fixing, without the authorization or consent of the holder of the rights recognized by the present law, performances or artistic performances or of radio and television programs; 

g) the public communication, without the authorization or consent of the holder of the rights recognized by the present law, of works or products carrying related rights. 

Article 191. -
(1) It is a contravention if it does not constitute a crime and is sanctioned by a fine from 10,000 lei to 50,000 lei and with the confiscation of pirate goods or pirate access control devices for legal persons or authorized individuals to allow access in the premises, equipment, means of transport, goods or services, in order for another person to commit a contravention provided by the present law. 

(2) In order to repeat the offense referred to in paragraph (1), which resulted in the commission of the offenses stipulated in art. 193 within one year, the determining body may also apply the additional sanction to suspend the activity or one of the activities of the legal person for a period of up to 6 months.

Art. 192. - 
(1) The contravention sanctions stipulated in art. 190 also applies to legal persons. If the offender, the legal person, carries out activities that involve the public communication of works or products bearing rights of copyright or related rights, the limits of the contravention fines are increased twice. 

(2) The contraventions provided in art. 190 and 191 shall be ascertained and applied by the persons empowered by the Director General of the Romanian Copyright Office or by officers or police officers within the local police or the Ministry of Internal Affairs with competences in the field. 

(3) Art. 193. -
(1) The following deeds shall be considered as offenses and shall be punished by imprisonment from 6 months to 3 years or by fine: 

a) execution of pirate goods for the purpose of distribution; 

b) the placing of pirate goods under a definitive import or export regime under a suspensive customs regime or in free zones; 

c) any other way of introducing pirate goods into the domestic market. 

(2) With the punishment stipulated in paragraph (1) the supply, distribution, possession or storage or transport of pirate goods for the purpose of distribution is also sanctioned. 

(3) If the facts provided in par. (1) and (2) are committed for commercial purposes, they shall be punished by imprisonment from 2 to 7 years.

(4) With the punishment stipulated in par. (3) is also punishable renting or offering for rent of pirate goods. 

(5) The promotion of pirate goods through the use of public announcements or electronic means of communication, exposure or presentation to the public of lists or product catalogs or any other such means constitutes an offense and shall be punished by imprisonment from 3 months to 2 years or a fine.

(6) For the purposes of this Law, pirate goods means all copies, regardless of the medium, including covers, made without the consent of the rightholder or the person legally authorized by him and which are executed, directly or indirectly, totally or partially, from a copyrighted product or related rights, or from their packaging or covers. 

(7) For the purposes of the present law, commercial purpose means the pursuit of obtaining, directly or indirectly, an economic or material advantage.

(8) The commercial purpose shall be presumed if the pirate cargo is identified at the premises, at the work stations, in their annexes or in the means of transport used by economic operators which have as their object the reproduction, distribution, rental, storage or transport of products copyright or related rights. 

Article 194. -
It is a criminal offense and it is punishable by imprisonment from 6 months to 3 years or by fine making available to the public, including the Internet or other computer networks, without right, works or products bearing related rights or sui-generis rights of database makers or their children, regardless of their support, so that the public can access them anywhere or at any time individually chosen. 

Art. 195. - It 
is an offense and it is punished by imprisonment from 6 months to 3 years or by fine unauthorized reproduction on computer software systems in any of the following ways: installing, storing, running or executing, displaying or transmitting in internal network. 

Art. 196. -
(1) The following acts committed without the authorization or consent of the holder of the rights recognized by the present law shall be considered as offenses and shall be punishable by imprisonment from one month to one year or by fine: 

a) the reproduction of the works or the products bearing the related rights; 

b) the distribution, hiring out or importation on the internal market of works or products carrying related rights other than pirate goods; 

c) broadcasting of works or products carrying related rights; 

d) cable retransmission of works or products carrying related rights; 

e) the production of derivative works; 

(f) the fixing, for commercial purposes, of performances or artistic performances or of broadcasting or television programs.

(2) "Related products" means interpretations or executed artistic performances, phonograms, videograms and their own programs or broadcasts by broadcasters and broadcasters. 

Art. 197. - 
(1) A criminal offense is punished by imprisonment from 6 months to 3 years or by fine the person who acquiesces, without right, in whole or in part, the work of another author and presents it as a creation intellectual property. 

(2) Reconciliation removes criminal liability. 

Article 198. -
(1) The production, importation, distribution, possession, installation, maintenance or replacement in any way of either original or pirate access control devices used for conditional access services constitutes a criminal offense and is punishable by imprisonment from 6 months to 3 years or with a fine. 

(2) The deed of a person joining unjustly or unjustly joining another person to a program of conditioned access is a crime and is punished by imprisonment from 3 months to 2 years or by fine.

(3) The use of public announcements or electronic means of communication for the purpose of promoting pirate access control for access to program services with conditional access, as well as the exposure or presentation to the public in any manner, without right, of the necessary information for the manufacture of devices of any kind capable of providing unauthorized access to specified program services with conditional access or for unauthorized access in any way to such services shall be criminal offenses and shall be punished by imprisonment from one month to one year or by a fine. 

(4) The sale or rental of pirate access control devices shall be punished by imprisonment from one year to 5 years.

(5) For the purposes of this Law, "pirate access control devices" means any device the manufacture of which has not been authorized by the holder of the rights recognized by the present law in relation to a certain conditional access television program service to facilitate access to that service. 

Article 199. -
(1) A criminal offense is punishable by imprisonment from 6 months to 3 years or by fine the person who produces, imports, distributes or rents without any right, offers, in any way, for sale or rental, or holds, in devices or components permitting the neutralization of technical protection measures or providing services which lead to the neutralization of technical protection measures or which neutralize these technical protection measures, including in the digital environment.

(2) A criminal offense is punishable by imprisonment from 3 months to 2 years or by fine the person who, without right, removes for commercial purposes from works or other protected products or modifies any information in the form electronic system on the applicable copyright or related rights regime. 

Article 200. - 
(1) The person who, prior to the commencement of the criminal prosecution, denounces to the competent authorities his participation in an association or agreement with a view to committing one of the offenses provided in art. 193, thus allowing the identification and prosecution of other participants.

(2) The person who committed one of the offenses provided in art. 193 and who, during the criminal prosecution, denounces and facilitates the identification and prosecution of other persons who have committed offenses related to pirate cargo or pirate access control devices, benefits from the halving of the penalty limits provided by law. 

(3) If the persons who have committed crimes under the present law have, until the completion of the judicial investigation before the first instance court, the damage caused to the right holder, the special limits of the punishment shall be reduced by half. 

TITLE IV 
Application of the law. Transitional and Final Provisions

Art. 201. - 
The following shall be protected under this Law:

a) works whose authors are Romanian citizens, even if they have not yet been made public; 

b) works whose authors are natural or legal persons domiciled or established in Romania, even if they have not been brought to public attention; 

c) architectural works built on the territory of Romania; 

d) interpretations or executions of performers performing on the territory of Romania; 

e) interpretations or executions of performers who are recorded in the records protected by the present law; 

f) interpretations or executions of performers who have not been recorded in the record but are broadcast by radio or television broadcasts protected by this law;

g) sound or audiovisual recordings of producers whose natural or legal persons are domiciled or established in Romania; 

h) sound or audiovisual recordings whose first fixation on a material support took place for the first time in Romania; 

i) broadcasting and television programs broadcast by radio and television broadcasters based in Romania; 

j) broadcasting and broadcasting programs transmitted by transmitting bodies based in Romania. 

Article 202. -
Foreign natural or legal persons, holders of copyrights or related rights, benefit from the protection provided by the international conventions, treaties and agreements to which Romania is a party, and in the absence thereof they are treated equally with that of the Romanian citizens, provided that they also benefit from similar treatment in the respective countries. 

Article 203. -
In addition to the provisions of this law, special regulations may be adopted to establish measures, including on the application and use of source identification codes, to combat the import, production, reproduction, distribution or rental of pirate cargo or pirate access control devices , used for program access services with conditional access, as well as for the use of special markings to certify the payment of compensatory remuneration for the private copy. 

Article 204. -
(1) The National Register of Operations, administered by the Romanian Copyright Office, shall be set up as evidence of the works performed in Romania. The registration is optional and is made for a fee according to the methodological norms and tariffs established by the Government Decision. 

(2) The existence and content of a work may be proved by any means of proof, including by including it in the repertoire of a collective management body. 

(3)Authors and other right holders or holders of exclusive rights of authors, which are covered by this law, have the right to sign on the originals or certified copies of works, marked by booking exploitation signaled as is customary, consisting of -a symbol (c) represented by the letter C, in the middle of a circle, accompanied by their name, by the place and year of the first publication.

4. Producers of sound recordings, performers and other holders of exclusive rights of producers or performers referred to in this Law shall have the right to record on originals or on authorized copies of sound recordings or audiovisual media or on the envelope containing them, the reservation of their exploitation, signaled according to their uses and consisting of a symbol represented by the letter P, in the middle of a circle, accompanied by their name, by the place and year of the first publication. 

(5) Unless proved otherwise, it shall be presumed that the exclusive rights, signaled according to the Usages, by the symbols mentioned in par. (3) and (4) or by the indications provided in art. 105 and 109, exist and belong to the people who used them.

(6) The provisions of paragraph (3) - (5) does not make the existence of the rights recognized and guaranteed by this law conditional upon. 

(7) The authors of the works and the right-holders, together with the inclusion of their work in the repertoire of the collective management body, may also register their literary or artistic name exclusively for the purpose of bringing it to the attention of the public. 

Art. 205. - 
(1) The legal acts concluded under the regime of the previous legislation produce all its effects according to that, with the exception of the clauses stipulating the assignment of the rights of use of all the works that the author may create in the future.

(2) It benefits from the protection of the present law and works, including computer programs, interpretations or executions, sound or audiovisual recordings, as well as radio and television broadcasting programs made prior to the entry into force of this law, under the conditions provided for in paragraph (1). 

(3) The duration of the patrimonial rights on the works created prior to the coming into force of the present law and for which the protection periods calculated according to the procedures of the previous legislation have not expired shall be extended until the term of protection provided by the present law. The prolongation shall take effect only from the entry into force of this law. 

Article 206. -
(1) The equipment, drawings, layouts, manuscripts and any other goods directly serving the creation of a work giving rise to a copyright shall not be subject to compulsion. 

(2) The amounts owed to the authors as a result of the use of their works shall enjoy the same protection as salaries and shall not be pursued except under the same conditions. These amounts are subject to tax under the tax legislation in question. 

Art. 207. - 
Disputes concerning copyright and related rights are within the jurisdiction of the jurisdictional bodies, in accordance with this law and with the civil common law. 

Article 208. -
(1) The European Commission will be informed of the intention to adopt national provisions regulating new related rights, stating the essential reasons justifying the regulation of these rights and the appropriate duration of protection. 

(2) Any national provisions adopted in the field covered by this law shall be communicated to the European Commission. 

(3) The list of radio broadcasting organizations to which the provisions of Art. 137 par. (2). 

(4) The Romanian Office for Copyright is responsible for making the communications provided in paragraph (1) - (3) to the European Commission. 

Art. 209. - 
This law transposes the provisions of the following Community normative acts:

a) Council Directive 91/250 / EEC of 14 May 1991 on the legal protection of computer programs, published in the Official Journal of the European Communities no. L 122 of 17 May 1991; 

b) Council Directive 92/100 / EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, published in the Official Journal of the European Communities no. L 346 of 24 November 1992; 

(c) Council Directive 93/83 / EEC of 27 September 1993 on the harmonization of certain provisions concerning copyright and rights related to the broadcasting of satellite programs and cable retransmission, published in the Official Journal of the European Communities no. L 248 of 6 October 1993;

d) Council Directive 93/98 / EEC of 29 October 1993 on the harmonization of the term of protection of copyright and certain related rights, published in the Official Journal of the European Communities no. L 290 of 24 November 1993; 

e) Directive 96/9 / EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, published in the Official Journal of the European Communities no. L 077 of 27 March 1996; 

f) Directive 2001/29 / EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society published in the Official Journal of the European Communities no. L 006 of 10 January 2002;

(g) Directive 2001/84 / EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of a work of art originally published in the Official Journal of the European Communities no. L 272 of 13 October 2001; 

h) Directive 2004/48 / EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, published in the Official Journal of the European Communities no. L 157 of 30 April 2004; 

i) Directive 2011/77 / EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116 / EC on the term of protection of copyright and certain related rights, published in the Official Journal of the European Union, series L, nr. 265 of 11 October 2011;

j) Directive 2012/28 / EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works, published in the Official Journal of the European Union, L series, no. 299 of 27 October 2012; 

(k) Directive 2014/26 / EU of the European Parliament and of the Council of 26 February 2014 on the collective management of copyright and related rights and multi-territory rights licensing for works for online use in the internal market, published in the Official Journal of the European Union, L series, no. 84 of March 20, 2014. 

Art. 210. -
Collective management bodies operating on the date of entry into force of this law are required to comply with the provisions of Art. 151, within 6 months of the entry into force of this law. 

Art. 211. - 
The provisions of this law shall be supplemented by the provisions of the civil common law. 

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

(2) On the same date, the Decree no. 321 of 21 June 1956 on copyright, as amended, and any other contrary provisions.

(3) Within 6 months from the entry into force of this law, the part of the methodologies provided in art. 163 and 164, which concern the minimum amount for local broadcasters, will be renegotiated on the basis of the amendments made by this law in order to respect the proportionality with the potential receivers of the broadcasts.

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