Taxation of performers' rights in Romania

• Author: Mariana Savu
• Position: Attorney-at-Law, Ph. D Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: liliana.savu@credidam.ro).
• Pages: 66-81

LESIJ NO. XXII, VOL. 1/2015

TAXATION OF PERFORMERS’ RIGHTS IN ROMANIA

Mariana SAVU*

Abstract

In accordance with the Law no. 8/1996 („the Law”), the performers are required to

exercise their rights through collective management for a range of economic rights provided

for in article 1231 of the Law. A number of non-profit associations of various intellectual

property right holders were established in this sense.

Among them, CREDIDAM is the Performers’ Association, apart from that of authors

(UCMR-ADA) or of that of phonogram producers (UPFR). Thorough a series of ORDA’s

Decisions, these Associations have each of them received a certain role in the collection of

the rights which must be collectively managed.

CREDIDAM activity is strictly regulated by La w; the duties and activities that it can

carry on are performed under the provisions of the special law, the Law 8/1996 on copyright

and related rights, and under their own Articles of Association. As a trustee, CREDIDAM

activity consists in collecting the remuneration due to performers by the companies that use

their artistic performances, and distribution of the appropriate remuneration to the artists,

depending on the actual use o f the Repertoire based on which they empowered

CREDIDAM.”

Keywords: Performers’ Association, intellectual property right, collecting the remuneration,

artistic performances, distribution of the appropriate remuneration to the artists.

1. Introduction

The rights related to copyright or

“neighboring rights” as they were referred to

in the French doctrine and jurisprudence,

were regulated for the first time by the

Romanian law by Law no. 8/1996 on

 Attorney-at-Law, Ph. D Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail:

liliana.savu@credidam.ro).

1

Published in the „Official Gazette of Romania”, Part I, no. 60 of March 26th, 1996, as amended and

supplemented by Law no. 285/2004, published in the „Official Gazette of Romania”, Part I, no. 587 of June 30th,

2004, as amended and supplemented by Government’s Emergency Ordinance no. 123/2005, published in the

„Official Gazette of Romania”, Part I, no. 843 of September 19th, 2005, as amended and supplemented by Law no.

329/2006 on the approval of Government’s Emergency Ordinance no. 123/2005 for the amendment and

supplementation of Law no. 8/1996 on copyright and related rights, published in the „Official Gazette of Romania”,

Part I no. 657 of July 31st, 2006. (All the remarks hereinafter referred to regarding the Law no. 8/1996 shall always

refer to its form as amended and supplemented by Law no. 329/2006).

copyright and related rights

1

. Romanian

Legislator was inspired by the provisions of

the International Convention for the

Protection of Performers, Producers of

Phonograms and Broadcasting

Organizations, signed in Rome on October

Mariana SAVU 67

LESIJ NO. XXII, VOL. 1/2015

26th, 1961

2

and the Convention for the

Protection of Phonogram Producers against

Unauthorized Copy of their Phonograms,

signed in Geneva on October 29th, 1971

3

.

The r ights related to copyright are

intellectual property rights, other than

copyrights, which are enjoyed b y the

performers, for their o wn performances, the

producers of audio recordings and the

producers of audiovisual recordings, for

their own recordings, and the broadcasting

and television organizations, for their own

shows and program services.

The collective management of

copyright and related rights emerged when

the first laws on copyright and related rights

began for the first time to be adopted, a

practice that has developed over the

centuries with the e volution of scientific

progress. Thus, we may say that copyright

has been collectively managed since the late

18th Century.

The first Performers’ Associations

were established in France. At first, the roles

of professional associatio ns – that of

fighting, inter alia, for the full recognition

and consideration of copyrights – were

combined with the elements of the collective

management of rights.

Establishment of the first orga nization

of this kind is strongly related to the name of

Beaumarchais. He was the one who led the

legal „battles” against the theatres which had

certain legal reservations in respect of the

recognition and consideration for moral and

economic rights of authors.

In Romania, the collective

management of related rights was regulated

for the first time by Law no. 8/1996 which,

by the amendments brought to it by Law no.

2

Romania joined the Rome Convention on the Protection of Performers, Phonogram Producers and Broadcasting

Organizations by Law no. 76 of April 8th, 1998 as published in the „Official Gazette of Romania”, Part I, no. 148 of

April 14th, 1998.

3

R omania joined t he Geneva Convention on the Protection of Phonogram Producers against Unauthorized

Copying of Phonograms by Law no. 78 of April 8th, 1998, as published in the „Official Gazette of Romania”, Part

I, no. 156 of April 17th, 1998.

285/2004 in June 2004, by Govern ment’s

Emergency Ordinance no.123/2005 in

September 2005, and by Law no. 329/2006

in 2006, has undergone significant

amendments and supplements.

Following the adoption of this

Regulation, many organizations were

created in Romania for the management o f

copyright and related rights, currently

operating a number of 17 Collective

Management Organizations.

2. Content

A) On the Romanian territory,

CREDIDAM is the most representative

Collective Mana gement Association for

Performers’ Rights.

CREDIDAM represents both

performers from Romania and from abroad,

the latter having the possibility to receive

their due re muneration either by direct

CREDIDAM membership, or by means of a

foreign collective management association

that has a Management Bilateral Agreement

signed with CREDIDAM for mutual

representation. Thus, CREDIDAM has bo th

the right and obligation to collect the related

rights due to performers from a series of

legal entities, which are bound to pay such

remunerations, for a number of over 12000

performers – members - a nd of nearly

1000000 foreign perfor mers represented

under the 33 international bilateral

agreements. Such activity involves, on the

one hand, maintaining a permanent

communication with performers and with

representatives of the Authorities regula ting

the activity of Collective Management

Associations and, on the other hand, the