Adapting the National and Union Rules 211
and use of works. So the difference lies in paying attention to the publication of
the works, a process necessary to bring them to the public's notice.
In Romanian doctrine, the copyright is recognized to the person or
individuals who have performed an original work of intellectual creation in the
literary, artistic or scientific field, whatever the method of creation, the method or
concrete form of expression and independent of their value and purpose, or other
legal holders, natural or legal persons.
Creativity is the natural pursuit of originality, said Edward Wilson, emeritus
research professor at Pellegrino University. Humanity is pushed forward the
instinctive love of novelty8. Creativity is thus the common criterion that
determines the granting of legal protection in the field of technical creations and
copyright, because it individualizes a person's ability to design and invent
something new9, thus creating the work independently and expressing the idea10
in an original way11.
Originality is considered to be an essential attribute, the only condition for
the protection of intellectual creation in the literary, artistic or scientific field12.
But in the specialty literature, the notion of originality has been understood
differently, some authors considering that it involves minimal intellectual effort,
while others consider that the work bears the impress of the author's
personality13. This can be manifested both in the form of expression and in "the
elements of fantasy, choice, material selection or mental processing". 14
But, as stated in English doctrine, copyright protects the expression of an
idea, not the idea itself15.
The relationship between freedom of creation and copyright has always been
complicated, and the current situation of copyright requires that it be re-
established as an institution in order to respond to new challenges. 16
8 The Origins of Creativity, Epublishing House Liveright, 2017, p.11.
9 N.R. Dominte, Some considerations regarding the civilization of copyright and creativity, Romanian
Journal of Intellectual Property Law no. 2/2019, p. 62.
10 C. Nenu, Individual employment contract, Bucharest: C.H. Beck, 2014, p. 221.
11 K. Idris, Intellectual property, a powerful tool for economic development, Bucharest: Publishing
House OSIM, p. 158.
12 C.R. Romiţan, Conditions required for the protection of works under copyright, p. 87 available on
13 See widely the supporters of these opinions in C.R. Romiţan, Conditions required for the
protection of works under copyright, p. 87.
14 Y. Eminescu, Copyright, Bucharest: Lumina lex, 1997, p. 77.
15 T.Hart, L. Fazzani şi S. Clark, Intellectual Property Law, Macmillan – Law matters, London: Red
Globe Press, 2013, p. 161.
16 Gh. Gheorghiu, Freedom of creation and moral law as author, Romanian Journal of Intellectual
Property Law no. 3/2018, p. 7.