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

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

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... (see full summary)

 
FREE EXCERPT
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,

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