Remuneration payable to performers for the broadcasting of phonograms. Types of phonograms

• Author: Mariana Savu
• Position: Attorney at Law, PhD Candidate
• Pages: 38-48

LESIJ NO. XXI, VOL. 1/2014

REMUNERATION PAYABLE TO PERFORMERS FOR THE

BROADCASTING OF PHONOGRAMS. TYPES OF PHONOGRAMS

Mariana SAVU*

Abstract

The institution of copyright and related rights, a s regulated in our system by Law nr.8/1996, deals with

the pr otection of literar y, artistic and scientific works a nd their creators. By a definition tha t has a

tradition in our doctrine, the legal institution of copyright (gener ally speaking) means all the legal

rules governing social rela tions that arise from the creation, publication a nd use of literary, ar tistic or

scientific works. The moral and pa trimonial rights of the a uthor and neighbor ing rights stakeholders

are protected both by the special law, mentioned above, and also by the common law provisions. Among

them is included the Decree no.31/1954 concerning individuals and legal entities bu t also the Civil

Code. One argued problem during the arbitr ations, which take place at ORDA headquar ters, institution

that provides the Secretariat, a lso in the courts of law, when setting claims was promoted by Collecting

Societies a gainst bad pa yers user s, was to analyze the two phr ases commercial phonograms and

phonograms published for commercial purposes.

Keywords: commercial phonograms, phonogra ms published for commercial pur poses,

Collecting Societies moral and patr imonial rights mora l and patrimonial r ights protection

1. Introduction*

The institution of copyright and related

rights, as regulated in our system by Law

nr.8/1996, deals with the protection of

literary, artistic and scientific works and

their creators.

By a definition that has a tradition in

our doctrine, the legal institution of

copyright (generally speaking) means all the

legal rules governing social relations that

arise from the creation, publication and use

of literary, artistic or scientific works.

The special Law (Law no.8/1996

1

,

hereinafter referred to as the Law) aimed not

* Attorney at Law, PhD Candidate (email: liliana.savu@credidam.ro).

1

Publishedăină theă „Officială Gazetteă ofă Romania”,ăPartă I,ă no.ă 60ă datedă Marchă 26th, 1996, as supplemented and

amendedăbyătheăLawăno.ă285/2004,ăpublishedăinătheă„ăOfficialăGazetteăofăRomania”,ăPartăI,ăno.ă587ădatedăJuneă30th,

2004,ăasă amendedă andă supplementedă byă Government’săEmergencyă Ordinanceă no.ă 123/2005,ă publishedăină theă „ă

OfficialăGazetteăofăRomania”,ăPartăI,ăno.ă843ădatedăSeptemberă19th, 2005, as amended and supplemented by the Law

no.ă329/2006ăregardingătheăapprovalăofăGovernment’săEmergencyăOrdinanceăno.ă123/2005ăforătheăamendmentăandă

supplementationăofăLawăno.ă8/1996ăonăcopyrightăandărelatedărights,ăpublishedăinătheă„ăOfficialăGazetteăofăRomania”,ă

Part I, no. 657 dated July 31st, 2006. (All further specifications regarding the Law no. 8/1996 refer to the form as

supplemented and amended by Law no. 329/2006).

only to harmonize the natio nal legislation

with the one in the European Community

Member States but also to create a reliable

protection system for the copyright and

related rights by creating the necessary tools

in order to prevent and punish the rights

violation.

The international legal frame for

copyrights and related rights protection is

particularly important as it also has an

impact on the Romanian legal regulations in

this field. However, given the inter national

vocation of the intellectual creation , it is

necessary to ensure an effective protection

of the rights of authors and their creations,