Copyright law of Romania

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In Romania, copyright law (drept de autor) is defined by the Law No. 8/1996 on authors rights and related rights, as republished in 2018, which currently implements European copyright law (directives). [1] Copyright is acquired irrespective of formalities, and normally belongs to the natural person/s who created the protected work. A protected work is created if the work is the author's own intellectual creation. [2] Like other EU civil law jurisdictions, Romanian copyright law recognises two types of rights: moral rights and patrimonial rights. [3]

Contents

Moral rights

  1. the right to decide if, how and when a work is brought to public knowledge;
  2. the right to claim recognition as author of the work;
  3. the right to decide the name under which the work is brought to public knowledge;
  4. the right to claim the observance of the integrity of the work and to oppose any change or other interference with the work that damages the author's honour or reputation; and
  5. the right to withdraw the work.

These rights cannot be waived or transferred. After the author's death, the rights under (1), (2) and (4) above are exercised by heirs, for an unlimited period of time. [3]

Patrimonial rights

  1. reproduce and distribute the work;
  2. import in order to commercialise on the internal market copies of the work made with the author's consent;
  3. lease or lend the work;
  4. communicate it to the public, directly or indirectly, including by making it available for the public to have access to at any time and in any place; and
  5. broadcast the work, transmit it by cable or create derivative works thereof.

In addition, the author of a graphic, plastic art or photographic work has a resale right, which entitles him or her to receive a percentage of the price when the work makes the object of a reselling operation in which an art dealer participates as seller, buyer or agent. [3]

Author

According to chapter 2 (Subjects of copyright) of the Law No. 8/1996 on authors rights and related rights, [4] the Author is the natural person or persons who created the work. It is presumed to be the author the person under whose name the work was first brought to public knowledge. 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. 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.

According to chapter III (Object of copyright) of the Law No. 8/1996 on authors rights and related rights, [4] any original works (creation of human mind) in the literary, artistic or scientific fields, whatever the mode of creation, mode or form of expression, and regardless of their value and purpose, are protected by copyright.

The article 7 of the Law No. 8/1996 on authors rights and related rights [4] provides a non-exhaustive list of works protected by copyright, such as:

  1. literary and publicist writings, conferences, sermons, pleadings, lectures and any other written or oral works, as well as computer programs;
  2. scientific, written or oral works such as communications, studies, university courses, school textbooks, scientific projects and documentation;
  3. musical compositions with or without text; d) dramatic, dramatic and musical works, choreographic works and pantomime;
  4. cinematographic works, as well as any other audiovisual works;
  5. photographic works, as well as any other works expressed by an analogue process of photography;
  6. 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;
  7. architectural works, including drawings, layouts and graphic works that make up architectural projects;
  8. plastic works, maps and drawings in the field of topography, geography and science in general.

In Romania, there is no requirement for a copyright notice in order to obtain copyright protection, as original works are automatically protected by copyright as of their creation. However, the author and other copyright holders are entitled to place on their works a copyright notice consisting of the letter C in a circle together with their name, and the place and year of the first publication. In cases where such a copyright notice is displayed, there is a presumption that the work is copyright protected in favour of the person using the copyright notice, until otherwise proven. [3]

Duration of copyright protection is defined by chapter V (Object of copyright) of the Law No. 8/1996 on authors rights and related rights. [4] The general rule is that the patrimonial rights of the author last for seventy (70) years after his or her death. 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, by the collective management body with the largest number of members in the field of creation.

Holders of copyright or related rights can file for infringement when there is:

See also

Related Research Articles

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Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 with the creation of the World Intellectual Property Organization's Copyright Treaty.

A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos.

Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.

The droit d'auteur developed in the 18th century at the same time as copyright developed in the United Kingdom. Based on the "right of the author" instead of on "copyright", its philosophy and terminology are different from those used in copyright law in common law jurisdictions. It has been very influential in the development of copyright laws in other civil law jurisdictions, and in the development of international copyright law such as the Berne Convention.

Copyright, Designs and Patents Act 1988 United Kingdom law

The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.

The Jordanian Copyright Law and its Amendment No. (22) for the year 1992 is based on the Berne Convention for the Protection of Literary and Artistic Works and does not contain a definition of copyright; however in Article (3) it clearly states that the law offers legal protection to any kind of original work in literature, art and science regardless of the value or purpose of the work.

Spanish copyright law governs copyright, that is the rights of authors of literary, artistic or scientific works, in Spain. It was first instituted by the Law of 10 January 1879, and, in its origins, was influenced by French copyright law and by the movement led by Victor Hugo for the international protection of literary and artistic works. As of 2006, the principal dispositions are contained in Book One of the Intellectual Property Law of 11 November 1987 as modified. A consolidated version of this law was approved by Royal Legislative Decree 1/1996 of 12 April 1996: unless otherwise stated, all references are to this law.

"Author's rights" is a term frequently used in connection with laws about intellectual property.

In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.

Freedom of panorama Permissive provision in copyright laws

Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images. Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works. The phrase is derived from the German term Panoramafreiheit.

Under the law of United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject-matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK having left the EU on 31 January 2020. On 12 September 2018 the European Parliament approved new copyright rules to help secure the rights of writers and musicians.

Copyright Act of 1976 United States law

The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978.

The Copyright Law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1927, are in the public domain.

The Right to Make Transmittable is one of several rights granted to the creators of creative works by Japanese copyright law. The law defines copyright not as a single comprehensive right but as a bundle of various rights including right of reproduction, right of performance, right of screen presentation and right of public transmission.

Moral rights in United Kingdom law are parts of copyright law that protect the personal interests of the author of a copyrighted work, as well as the economic interests protected by other elements of copyright. Found in the Copyright, Designs and Patents Act 1988, the moral rights are the right to be identified as the author of a work, known as the right of paternity, the right to object to derogatory treatment of a work, known as the right of integrity, the right not to be identified as the author of someone else's work, and the right to privacy. The right of paternity exists for the entire copyright term, and requires individuals who commercially broadcast, sell, perform or exhibit literary, dramatic, musical or artistic works to identify the author of the work – but this does not apply to things such as typefaces, encyclopaedias or works subject to crown copyright.

Provisions related to Italian copyright law are found in Law no. 633 of 22 April 1941. Certain fundamental provisions are also found in the Italian Civil Code of 1942, Arts. 2575–2583.

The basic legal instrument governing copyright law in Georgia is the Law on Copyright and Neighboring Rights of June 22, 1999 replacing Art. 488–528 of the Georgian Civil Code of 1964. While the old law had followed the Soviet Fundamentals of 1961, the new law is largely influenced by the copyright law of the European Union.

The Copyright law of El Salvador is legal rights to creative and artistic works under the laws of El Salvador. It was implemented in the Decree No. 604 of the Legislative Assembly of El Salvador on 16 of August 1993. This law aims to protect the economic and moral rights of Salvadoran authors and foreigners residing in El Salvador, granted by the mere fact of creating works that are literary, artistic and scientific.

Copyright law of Moldova

The copyright law of Moldova regulates the copyright laws of Moldova. The first official decree related to copyright in the country was made on 25 November 1991, shortly after its independence on 27 August of the same year. On 25 May 1991, the State Agency on the Protection of Industrial Property (AGEPI) was created, making it the second copyright agency in the country together with the State Agency for Copyright (ADA). In 1993, Moldova signed an agreement on cooperation in the protection of copyright and the related rights between it and other countries, all members of the Commonwealth of Independent States (CIS), which only came into force in 1999. By the time of this year, Moldova had already created its official copyright law: Law No. 293-XIII, from 1994 but applied since 1995.

References

  1. ↑ "Romania: IP Laws and Treaties". www.wipo.int. Retrieved 2018-09-30.
  2. 1 2 "Practical Law UK Signon". uk.practicallaw.thomsonreuters.com. Retrieved 2018-09-30.
  3. 1 2 3 4 "Romanian Chapter in "Copyright 2012" | Nestor Nestor Diculescu Kingston Petersen | Attorneys & Counselors | Casa de Avocatura". www.nndkp.ro. Retrieved 2018-09-30.
  4. 1 2 3 4 "Copyright law in Romania: Law no. 8/1996 on copyright and related rights (updated 2018)". dpvue. Archived from the original on 2019-02-13. Retrieved 2018-09-30.

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