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
SUMMARY

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... (see full summary)

 
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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

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