Changes in the law of copyright

Published on July 30, 2019

Law no. 74/2018 for amending and supplementing Law no. 8/1996 on copyright and related rights

Article I. -

Law no. 8/1996 on copyright and related rights, published in the Official Gazette of Romania, Part I, no. 60 of March 26, 1996, as amended and supplemented, is amended and supplemented as follows:

1. In Article 3 , after paragraph 3 , two new paragraphs, paragraphs 4 and 5 are inserted, with the following content:

 (4) The natural or legal persons, who have acquired this quality by inheritance or assignment, under the law, as well as the publishers of musical and written works, are recognized and protected as copyright holders for the rights that have been granted to them. transferred on the basis of individual agreements and which are entitled to at least a portion of the proceeds from the entitlements.

(5) Any natural or legal person who takes actions conditional on the authorization by the authors or the rightholders, their remuneration or the payment of compensation to them is considered as a user and does not act as a consumer. "

2. In Article 58, paragraph 2 is amended and shall have the following content:

 (2) General contracts for theatrical representation or musical performance may also be concluded through the collective management bodies, under the conditions provided in art. 130 lit. d). "

3. In Article 1065 , a new paragraph, paragraph 5, is inserted after paragraph 4 , with the following content:

 (5) For the purposes of this law, a phonogram shall be considered to be published for commercial purposes when it is made available to the public by sale or by wire or wireless means, so that anyone can have access to it at the time and place. chosen individually. "

4. In Article 107, paragraphs 5 and 9 are amended and shall have the following content:

 (5) In order to initiate the negotiations according to the procedures provided in art. 131 paragraph (2) - (5), the collective management bodies or the associative structures of the manufacturers and importers of media and devices will submit to the Romanian Copyright Office an application containing the list of media and devices, an application to be published in the Official Gazette of Romania , Part I, by decision of the Director General of the Romanian Copyright Office, as well as the amounts of remuneration to be negotiated. The list is drawn up separately for audio and audiovisual equipment and media and for graphic equipment and media and is negotiated in two commissions.

 (9) The negotiations for the establishment of the list of devices and media for which the compensatory remuneration is due shall be convened by the Romanian Copyright Office, within 15 days from the publication in the Official Gazette of Romania, Part I, of the request for negotiation. "

5. In Article 123, paragraph 1 is amended and shall have the following content:

Article 123. -

(1) The author or the holder of the copyright or related rights exercises his rights recognized by this law individually or collectively, in compliance with the provisions of the present law. "

6. In Article 123 , after paragraph 3 , five new paragraphs, paragraphs 4 to 8 are inserted, with the following content:

 (4) The author or the holder of the copyright or related rights has the following rights which are compulsorily included in the statute of the collective management bodies:

a) to choose for what rights, categories of rights or types of works, other protected objects or territories, on the basis of a written mandate, authorize a collective management body for their management, regardless of nationality, residence or place of establishing the collective management body or the rights holder;

b) to grant licenses for non-commercial uses of any rights, categories of rights or types of works and other protected objects;

c) to revoke the management mandate or to withdraw to the collective management body, at the choice, any rights, categories of rights, types of works or other protected objects, with a reasonable notice that must not exceed 6 months;

d) to collect the remuneration due to him for the operating documents that occurred before the entry into force of the revocation or restriction of the management mandate.

(5) Collective management bodies may not restrict the exercise of the rights provided in par. (4) by imposing the condition that the management of the rights, categories of rights or types of works or other protected objects, which are subject to revocation or withdrawal, is entrusted to another collective management body.

(6) If they authorize a collective management body, the authors or the rights holders give their agreement, in written form, for each right, category of rights or type of works and other protected objects.

(7) Authors or holders of rights who are not members of a collective management body, but who have a direct legal connection with it, by law, assignment, license or other type of contract than the mandate, have the following rights:

a) to communicate, including by electronic means, with the collective management body, in order to exercise the rights from whose exploitation it is entitled to receive remuneration;

b) to be informed about the works, the types of works or other protected objects, the rights that he manages directly or through representation agreements and the territories covered;

c) to receive a written response, motivated and in the shortest possible time, to the complaints made, regarding the authorization of rights management and their revocation or withdrawal, collection, distribution and payment of remuneration, withholdings applied even in the case of online rights on musical works, according to the procedures established at the level of the collective management body.

(8) The collective management body informs the authors or the rights holders about the rights provided in par. (4) and (7), as well as regarding the conditions related to the right provided in par. (4) lit. b), before obtaining their agreement for the management of any right, any category of rights or any type of works and other protected objects. "

7. In Article 1231 (1), letter f) is amended and shall have the following content:

f) the right to equitable remuneration recognized by performers and phonogram producers for public communication and broadcasting of commercially published phonograms or their reproductions; ".

8. In Article 1231 (1) , after point h) a new letter, point i) is inserted, with the following content:

i) the right of multi-territorial licensing online of the uses of musical works. "

9. In Article 1232 (1), point f) is repealed.

10. In Article 1232, paragraph 2 is amended and shall have the following content:

 (2) For the categories of rights provided in par. (1) the collective management bodies represent only the rights holders who have granted them a mandate and elaborate methodologies, within the limits of the managed repertoire, if the conditions stipulated in art. 130 lit. a), or negotiate directly with the users the license agreements. The bodies of collective management will allow, at the users' request, the access by electronic means to the repertoire of managed works, from those used by the applicant, in the form provided in art. 126 paragraph (2), as well as on the list of copyright holders and related rights, Romanian and foreign, which they represent. This activity of collective management is under the supervision and control of the Romanian Copyright Office, as a guarantor of the application of the law. "

11. After article 1234 , a new article, article 1235, is inserted, with the following content:

Article 1235. -

(1) The authors or the rightholders may entrust, by contract, the management of their rights to independent management entities.

(2) The independent management entities are legal persons for profit purpose, which operate according to the legal regulations regarding the companies and whose sole or main activity object or one of the main activity objects is the management of the copyright or related rights.

(3) Independent management entities may not be owned or controlled, directly or indirectly, in whole or in part, by authors or rightholders and they shall not be transferred or transferred copyright or related rights or their use.

(4) The independent management entities have the obligation that within 15 days from its establishment they inform the Romanian Copyright Office about this, in order to take into account.

(5) Producers of audiovisual works, producers of sound and audiovisual recordings, broadcasting and television organizations, publishers, managers or printers may not function or act as independent management entities.

(6) The independent management entities may conclude representation contracts with the authors or the holders of copyright or related rights, in compliance with the provisions of the present law.

(7) The independent management entities are authorized to represent the authors or the rightholders in the relationship with the collective management bodies, based on the contracts provided in par. (6) and within the limits imposed by this law.

(8) The independent management entities have the following obligations:

a) to collect the amounts owed by the users and to pay them to the authors or the holders of rights, according to the contractual provisions;

b) to provide information to authors or holders regarding the management of their rights;

c) to provide information to collective management bodies and other collective management entities, upon their request, regarding the managed repertoire;

d) to grant licenses for the use of online rights to musical works, within the limits of the managed repertoire;

e) to submit to the Romanian Copyright Office an annual report in the format established by decision of the general director of the Romanian Copyright Office;

f) to prepare an annual report on the number, method and time limit for solving the complaints, which he publishes on his own website;

g) to provide the authors or rights holders and the authorities with control and supervisory powers access to information on any aspect of the activity of collecting the amounts owed by users and paying them to authors or rightholders;

h) to provide specialized assistance to authors or rights holders and to represent them in legal proceedings, within the scope of the activity object, at their request.

(9) The Romanian Copyright Office verifies the fulfillment of the obligations stipulated in par. (8). "

12. Article 124 shall be amended and shall have the following content:

Article 124. -

(1) The bodies of collective management are, within the meaning of the present law, legal persons constituted by free association, having as object of activity, single or main, the management of the copyright or rights related to the copyright, the categories of rights, the types of works or by other protected objects, which are entrusted to them by several authors or copyright holders, for their collective benefit.

(2) The bodies of collective management cannot have as object of activity the use of the protected repertoire for which they received a mandate of collective management, in the exercise of the mandate, under the conditions of the present law; collective management bodies do not transfer or transfer their copyright and related rights or their use.

(3) For the purpose of para. (1), the collective management of the rights, categories of rights, types of works or other protected objects includes the granting of licenses, monitoring the use of the rights or types of works managed, ensuring the respect of these rights, collecting, distributing and paying the amounts due to the authors or holders. of copyright or related rights, derived from the remuneration paid for the exploitation of the rights managed or from the investment of the income obtained from the rights. "

13. After Article 126 , three new articles, Articles 1261-1263, are inserted, with the following content:

Art. 1261. -

(1) All the members of the collective management body have the right to participate and the right to vote in the general meeting of the members.

(2) The convening of the general meeting shall be made at least 30 days before the date of the event, by publishing information on the date, place and agenda, both on the website and through any other means of mass communication, including electronic .

(3) If the statutory quorum is not met on the date set for the general meeting, the general meeting shall be convened within a maximum of 15 days. The decisions of the reconstituted general meeting will be taken by a simple majority of the members who have cast their vote.

(4) The General Assembly shall decide at least on the following matters:

a) the general policy of distributing the amounts owed to the authors or the rights holders;

b) the general policy regarding the use of amounts that cannot be distributed;

c) the general investment policy, regarding the income from rights and any income derived from the investment of the income from rights;

d) the general policy regarding withholdings from income from rights and from any income derived from the investment of income from rights;

e) the risk management policy;

f) approval of any purchase, sale or mortgage of immovable property;

g) approval of mergers and alliances, establishment of subsidiaries, acquisitions of other entities or of social parties or rights in other entities;

h) approving the proposals for contracting loans, granting loans or establishing guarantees for loans;

i) approval of the annual report;

j) approval of salaries or payments due to the Director General, the members of the Board of Directors and the members of the internal committees.

(5) The general assembly may delegate to the body exercising the supervisory function, by decision, the competences provided in par. (4) lit. e) -h).

Art. 1262. -

(1) The collective management body has the obligation to ensure the possibility of the participation and the expression of the vote for all its members in the general meeting.

(2) Each member of the collective management body has the right to appoint, through a power of attorney, another person or entity, to participate and vote on his behalf, at the general meeting, provided that such appointment does not lead to a conflict of interest.

(3) The conditions for participation and the instructions for exercising the vote are expressly stipulated in the power of attorney, this being valid for a single general meeting.

(4) At the general meeting, the representative shall enjoy the same rights as the member who appointed him.

Article 1263. -

(1) The annual report shall be made within a maximum of 8 months from the end of the previous financial year.

(2) The annual report shall be published on the web page of the collective management body, where it remains available to the public for at least 5 years, and shall contain at least the following information:

a) the balance sheet, the income and expenditure account and a statement of cash flows;

b) a report of the activities of the financial year;

c) information regarding the refusals to grant licenses, according to the provisions of art. 130 lit. b);

d) the list of central and local management bodies, the composition of internal commissions and the list of local representatives;

e) information regarding the total amount of the amounts paid to the director general, the members of the board of directors, as well as the members of the internal committees, as well as other benefits granted to them;

f) information on the remuneration collected, broken down by categories of rights managed and by types of uses;

g) financial information regarding the commission withheld from authors or rightholders to cover the expenses incurred in collecting, distributing and paying remuneration, containing at least data on actual costs, broken down by categories of rights managed, and where the costs are indirect and they cannot be attributed to one or more categories of rights, justifications regarding them, including the income from the investment, investments and bank deposits of the commission;

h) financial information regarding the total amount distributed and the total amount paid to the authors or holders of rights, broken down by categories of rights managed and by types of use, including the data at which the payments were made, with their breakdown by collection / distribution periods;

i) financial information on the total amount collected and not distributed, as well as on the total amount distributed and unpaid to the rights holders, broken down by categories of rights managed and by types of use, indicating the periods in which these amounts were collected, the reasons delays and how to highlight the amounts;

j) financial information regarding the amounts that cannot be distributed, as well as their use;

k) financial information regarding the amounts received from other bodies of collective management with which they are in legal reports provided by this law, as well as the management commissions and other deductions from these amounts, broken down by categories of rights, types of uses and by collective management bodies;

l) financial information regarding the amounts collected, distributed and paid to other bodies of collective management with which are in the legal reports provided by this law, as well as the management fees and other deductions from these amounts, broken down by categories of rights, by types of uses and on collective management bodies, indicating the collection / distribution period;

m) financial information regarding the amounts collected, distributed and paid directly to the authors or holders of rights, broken down by categories of rights, by types of uses, indicating the collection / distribution period;

n) a special report, if any, on the amounts withheld for the purpose of providing social, cultural and educational services, broken down by categories of rights managed and by types of uses, as well as the way of using them.

(3) The amounts provided in par. (2) regarding the commission and other deductions are presented both in value and percentage, in comparison with the remuneration collected in the financial year in question, broken down by categories of rights.

(4) The accounting and financial information presented in the report shall be verified by the body that performs the supervisory function, at least 30 days before the annual general meeting is held, and the report drawn up, including the reservations expressed therein, shall be fully reproduced in the report. chief. "

14. Article 127 shall be amended and shall have the following content:

Article 127 -

(1) The statute of the collective management body contains at least provisions regarding:

a) the conditions of accession and the cases of refusal regarding the granting of membership;

b) the conditions under which the management of the rights of authors or copyright holders is carried out, based on the principle of equal treatment;

c) the way of revocation of the management mandate, of the withdrawal of any rights, categories of rights, types of works or other protected objects, as well as the date of entry into force of the revocation or withdrawal;

d) the rights and obligations of the members in the relations with the collective management body;

e) the method of establishing and paying the membership fee and the contributions, if they are provided for the members;

f) the manner of determining the amounts to be distributed to the members and the rules applicable to the distribution of the collected remuneration, in proportion to the actual use of the author or rights holder's repertoire, as well as those applicable to the collected rights for which the actual use cannot be established;

g) the minimum level from which payment can be made if the amounts distributed are lower than the costs of management;

h) rules regarding the regime of the amounts that could not be distributed or that were not claimed;

i) rules on how to establish the methodologies to be negotiated with the users, including representation in the negotiations;

j) the modalities of establishing the commission due by the authors or the rights holders, to cover the expenses necessary for the operation;

k) the methods of verifying the economic and financial management by the members;

l) the general rules regarding the use of income from rights and of income derived from the investment of income from rights;

m) provisions regarding the exercise of the supervisory function;

n) provisions regarding the appointment and dismissal of management bodies.

(2) Any proposal to change the status is subject to the approval of the Romanian Copyright Office, two months before the general meeting of the collective management body in which the modification is to be submitted for approval.

(3) The Romanian Copyright Office issues the notice stipulated in par. (2) within 10 working days of the request. If the opinion is negative, it must be motivated.

(4) Within 10 days from the date of the general meeting in which the modification was approved, the collective management body has the obligation to submit the modification of the statute, the opinion and the decision of the general assembly to the court, in order to register the change.

(5) The final court decisions regarding the registration of changes to the statute shall be submitted to the Romanian Copyright Office within 5 days from the date of communication.

(6) Any modification of the status made and registered in the court without the opinion of the Romanian Copyright Office is null and void. "

15. Article 129 shall be amended and shall have the following content:

Article 129. -

(1) The collective management mandate is granted directly, by written contract, by the author or the copyright holder or related rights.

(2) The exercise of the collective management entrusted by the mandate contract may in no way restrict the patrimonial rights of the author or the rights holder.

(3) The author, the copyright holder, an independent management entity or other collective management bodies and associations of authors or rightholders, who fulfill the conditions of accession provided in the statute, may be a member of a collective management body.

(4) The respective body is obliged to accept the management of these rights on the basis of the collective management within the limit of its object of activity.

(5) The collective management body may refuse to grant membership if the holder:

a) does not prove the rights claimed;

b) does not submit the repertoire of works, interpretations and artistic performances, phonograms, videograms and other protected objects;

c) does not indicate which patrimonial rights, types of works or other protected objects it chooses to be managed by the collective management body;

d) is a member of another collective management body for the same rights over the same works, artistic interpretations and performances, phonograms, videograms and other protected objects for which the management requests;

e) has previously lost the membership of the collective management body by exclusion;

f) was sentenced, by a final decision, to the penalty with a criminal fine or imprisonment, for offenses provided by the legislation in the field of intellectual property.

(6) If the situation provided in par. (5) lit. f) after the accession intervenes, the collective management body may decide on the maintenance or termination of membership.

(7) The statute of the bodies of collective management may include other reasons for refusing to grant membership, provided that they are objective, transparent and non-discriminatory. The refusal to grant membership is motivated in writing.

(8) Membership of a collective management body shall not be inherited. "

16. Article 1291 is amended and shall have the following content:

Article 1291. -

(1) In the case of compulsory collective management, if an author or a copyright holder is not associated with any collective management body, the competence lies with the body in the field with the largest number of members, designated as such by the Romanian Office for Copyright, by the decision of the Director General.

(2) In case the amounts owed to the authors or the holders of rights cannot be apportioned, because they could not be identified or located, and the exception from this term does not apply, these amounts are entered separately in the accounts of the collective management body.

(3) Claim of the amounts provided in par. (2) by authors or rightholders may be made within 3 years from the date of notification.

(4) Notification of the amounts not distributed or not claimed shall be done in writing and electronically, including on the own page of the collective management body, within 3 months from the end of the financial year in which they were collected, and will contain the following information, if are known:

a) the title of the protected work or object;

b) the elements of identification of performers, phonograms or videograms;

c) the name of the publisher or producer concerned;

d) any other information that could facilitate the identification of the rights holder.

(5) In order to identify and locate the authors or holders of rights, within 3 months from the date of distribution, the collective management body shall make information on the works and other protected objects available:

a) the members they represent or the entities representing rights holders;

b) the collective management bodies in the respective field, as well as those with which it has concluded representation agreements, as the case may be;

c) to the public, on its own website.

(6) In order to identify and locate the authors or holders of rights, the collective management body has the obligation to verify all the records to which it has access. "

17. After Article 1291 , two new articles, Articles 1292 and 1293, are inserted, with the following content:

Art. 1292. -

(1) The rights, obligations, responsibilities and incompatibilities of the director general, the members of the board of directors and the members of the other committees that function within the collective management body shall be established by statute. The Director General is a member of the Board of Directors and chairs its meetings.

(2) The members of the collective management body are not entitled to remuneration for the positions held, other than those provided in par. (1).

(3) The director general and the members of the board of directors have the obligation to complete and submit to the general meeting an annual individual declaration, respecting the legal provisions regarding the protection of personal data, containing the following information:

a) any interests held in the collective management body;

b) any amount received from the collective management body during the previous financial year, including in the form of salaries, compensatory payments or other pecuniary and non-pecuniary benefits;

c) any amount received from the collective management body during the previous financial year, as author or holder of rights;

d) any existing or potential conflict between the personal interests and those of the collective management body or between the obligations towards the collective management body and the duties towards another natural or legal person.

(4) The Director General may not hold other functions, paid or unpaid, as follows:

a) within another body of collective management;

b) within an independent management entity;

c) as a member of an economic interest group with activity in the management field of the management body.

(5) The declaration provided in par. (3) shall be submitted to the general meeting and shall be entered in a special register.

(6) The format of the declaration provided in par. (3) is established by decision of the general director of the Romanian Copyright Office.

Article 1293. -

(1) For the purpose of permanent supervision and monitoring of the activity carried out by the collective management body, the general director and the board of directors, a body with supervisory function, consisting of an odd number of members, operates at the level of each collective management body.

(2) Within the supervisory body, the representation of the different categories of members of the collective management body must be fair and balanced.

(3) Each member of the supervisory body has the obligation to complete the declaration provided in art. 1292 para. (3), within 10 days from the appointment.

(4) The supervisory body shall meet regularly and shall have at least the following tasks:

a) the exercise of the powers delegated to it by the general assembly, according to art. 1261 paragraph (5);

b) monitoring the activity and the fulfillment of the obligations by the Director General and the Board of Directors, including the implementation of the decisions of the General Assembly, in particular the policies provided for in art. 1261 paragraph (4) lit. d);

c) any other attributions provided by statute.

(5) The supervisory body draws up an annual report on its activity, submits it to the general assembly and communicates it to the Romanian Copyright Office. "

18. Article 130 shall be amended and shall have the following content:

Article 130. -

Collective management bodies have the following rights and obligations:

a) to act in the interests of the members they represent and not to impose on them obligations that are not objectively necessary for the protection of their rights and interests or for the efficient management of their rights;

b) to grant non-exclusive authorizations to the users, at their request, carried out before using the protected repertoire, in exchange for a remuneration. Collective management bodies shall respond within a maximum of 10 days to their request, indicating any other information necessary to grant the license. If the collective management body does not intend to grant a non-exclusive license for a particular service, it will motivate the refusal in writing;

c) to develop methodologies for the fields of activity, including the appropriate patrimonial rights, which must be negotiated with the users in order to pay these rights, if the exploitation mode makes it impossible for the individual authorizations by the authors or the rightholders;

d) to conclude, on behalf of the members who have granted their mandate or on the basis of conventions concluded with similar bodies abroad, general contracts with the show organizers, with the users who carry out public communication activities, with the broadcasting or television bodies or with the distributors of cable program services, having as their object the authorization to use the protected repertoire;

e) to collect the amounts owed by the users and to perform all the necessary diligence for their distribution and payment, as soon as possible, to its members or to other bodies of collective management, including under the representation agreements, according to the provisions of the statute;

f) to request the users or their intermediaries to provide, in written and electronic format, within 10 days from the request, the information and documents required to determine the amount of remuneration, as well as information on the works used, stamped and signed by the legal representative;

g) to ensure equal treatment of members, including authors or rights holders whose rights they manage under a representation agreement, with respect to the management commission and the rules on the collection, distribution and payment of remuneration;

h) to constantly update the databases containing the list of members and their directories;

i) to ensure the access of its members, without discrimination, to the information regarding any aspect of the activity of collecting the amounts owed by users and of their distribution;

j) to perform any other activity, according to the special mandate received from its members, within the scope of the activity object;

k) to provide the authorities with control and supervisory powers access to information on the activity of collecting and distributing remuneration;

l) to ensure the transparency of the collective management activity in its relations with its members, public authorities and users;

m) to ensure correspondence with members, users and bodies of collective management with which it has represented representation agreements, by any means, including electronic;

n) to protect the interests of the members, regarding the management of the due rights, as a result of the use of their repertoire, outside the territory of Romania, by entering into representation agreements, in written form, with similar bodies from abroad;

o) to provide specialized assistance to its members and to represent them within the legal procedures, within the scope of the activity object;

p) to present in the computer system that they have current, accurate and complete data and information in order to organize the records and to simplify the payment of the remuneration coming from the copyright and the related rights by the users, as well as the distribution of the collected remuneration. The existing information in the information system of the collective management bodies is established by decision of the general director of the Romanian Copyright Office;

q) respond in writing, as soon as possible, to the complaints, in particular regarding the management of rights, the revocation of the mandate or the withdrawal of rights, the conditions of accession, the collection of the amounts due to the authors or the rights holders, their detentions and their distribution;

r) to keep separately in its accounts the income derived from rights or derived from the investment of these rights, as well as any own assets that it may hold and any revenues that come from these assets, from management commissions or from other activities;

s) to conclude contracts or agreements of representation, by which it mandates another body of collective management to manage the rights that they represent. "

19. Article 131 shall be amended and shall have the following content:

Article 131. -

(1) In order to initiate the procedures for negotiating the methodologies, the collective management bodies, the users or the associative structures of the users mentioned in par. (3) lit. b) and c) must submit to the Romanian Copyright Office an application, accompanied by the list of the parties proposed for negotiation and their identification elements, the proposed methodologies to be negotiated, as well as the proof of their notification for negotiation. Failure to submit the list or submission of an incomplete list, as well as the lack of proof of notification, lead to the rejection of the request to initiate the negotiation procedures.

(2) The methodologies are negotiated within a commission constituted by decision of the general director of the Romanian Copyright Office, issued within 15 days after receiving the request to initiate the negotiation procedures. The decision of the Director General of the Romanian Copyright Office is published in the Official Gazette of Romania, Part I, at the expense of the requesting entity.

(3) The methodological negotiation commission consists of:

a) one representative of each collective management body, which functions for each area of ​​creation and for a category of rights;

b) one representative of the representative associations of users, at national level, and one representative of the first 3 major users, established on the basis of turnover, provided that they are declared at the Romanian Copyright Office, on their own liability. Public institutions, including public broadcasting and television companies, which are part of the negotiating commission, are exempted from the turnover;

c) one representative of the representative associations of the users at local level or, in the absence of them, of the representatives of 2 local users notified by the collective management bodies and who submit the participation agreement in the respective commission to the Romanian Copyright Office.

(4) Depending on the proposal received in order to issue the decision to set up the negotiation commission, the Romanian Copyright Office may convene and designate in the negotiating commission any entity that has a legitimate interest.

(5) The decision to appoint the negotiating commission shall be communicated to the parties by registered letter, together with the proposal of methodologies submitted by the requesting entity. "

20. Article 1311 is amended and shall have the following content:

Article 1311. -

(1) The methodology is negotiated by the collective management bodies with the representatives provided in art. 131 paragraph (3) lit. b) and c), taking into account the following main criteria:

a) the category of the rights holders, the types of works and other protected objects and the domain for which the negotiation is carried out;

b) the category of users that the associative structures or the other users designated to negotiate represent in negotiations;

c) the repertoire managed by the collective management body, for its own members, as well as for the members of other similar foreign bodies, based on reciprocity contracts;

d) the proportion of the use of the repertoire managed by a collective management body;

e) the proportion of the uses for which the user has fulfilled the payment obligations through direct contracts with the rights holders;

f) the revenues obtained by users from the activity that uses the repertoire for whose use the methodologies are negotiated;

g) European practice regarding the results of negotiations between users and collective management bodies.

(2) Collective management bodies may request, in the negotiations, from the same category of users, either lump sum or percentage remuneration established as a percentage of the revenues obtained by each user through the activity in which the directory is used or, in the absence of revenue, from the expenses incurred by use. For the broadcasting activity, the collective management bodies may request only percentage remuneration, differentiated by direct proportionality with the share of the use by each user - television or broadcasting body, of the collective managed repertoire in this activity.

(3) The remuneration provided in par. (2) they must be reasonable in relation to the economic value and the weight of the use of the rights in question, taking into account the characteristics and the scope of use of the works and other protected objects, as well as the economic value of the service provided by the collective management body. The collective management bodies and the users motivate the way of establishing these remuneration.

(4) The lump-sum or percentage remuneration provided in par. (2) can be requested only if and to the extent that works are used for which the copyright or related rights protected are within the terms of protection provided by law.

(5) If the collective management is obligatory according to the provisions of art. 1231, the methodologies are negotiated without taking into account the criteria provided in par. (1) lit. c) and e), the repertoires being considered the extended repertoires. "

21. Article 1312 is amended and shall have the following content:

Art. 1312. -

(1) If the parties cannot establish methodologies by negotiation, they may resort to mediation.

(2) The negotiation of the methodologies shall be carried out according to the schedule established between the two parties, for a maximum period of 60 days from the date of the constitution of the commission.

(3) The parties' understanding of the negotiated methodologies shall be recorded in a protocol which shall be submitted to the Romanian Copyright Office. The protocol is published in the Official Gazette of Romania, Part I, at the expense of the entity that initiated the negotiation procedure, by decision of the general director of the Romanian Copyright Office, issued within 10 days from the date of submission.

(4) Litigation concerning a collective management body that grants multi-territorial licenses for online rights on musical works, such as:

a) disputes with an existing or potential online music service provider regarding the provisions of art. 1361 para. (4), art. 1362, art. 1363 para. (1) lit. a) -c) and e) and para. (3);

b) disputes with one or more holders of rights regarding the provisions of art. 1361 para. (4) and art. 1362 -1366;

c) disputes with another collective management body regarding the provisions of art. 1362 -1365.

(5) Within 30 days from the completion of the mediation procedure, the parties have the obligation to notify the Romanian Copyright Office about the obtained result, in compliance with the rules applicable to the notification of legal documents.

(6) If the parties have not agreed on the methodology by negotiation or mediation, they may address, within 15 days from the expiry of the deadlines provided in par. (2) or (5), to the court.

(7) The final decision on the methodologies shall be communicated to the parties, to the Romanian Copyright Office and published in the Official Gazette of Romania, Part I, at the expense of the Romanian Copyright Office, by decision of the Director General issued within 5 days from the date of deposit. The methodologies thus published are opposed to all users in the field for which they have been negotiated and no reductions can be granted to the payment of the remuneration due, other than those provided in the published methodologies.

(8) The methodologies negotiated or established according to the provisions of par. (2) - (6) are not opposed to users who are in the process of negotiating methodologies at the time of direct negotiation of a license agreement or have already concluded these negotiations with the collective management bodies.

(9) The methodologies established according to the provisions of par. (3) are opposed to all users in the domain for which it has been negotiated and to all importers and manufacturers of supports and devices for which the compensatory remuneration for the private copy is due, according to art. 107.

(10) The clauses of any non-exclusive contract-license and of any methodology published in the Official Gazette of Romania, Part I, which violates the competition rules provided by Articles 101 and 102 of the Treaty on the functioning of the European Union, as interpreted by the Court of Justice, are prohibited. Justice of the European Union, in particular those that:

a) establish and impose on the users unfair remuneration or any other conditions for trading the non-exclusive licenses;

b) apply, in relations with the users, unequal remuneration or other unequal conditions to equivalent benefits, thus creating a competitive disadvantage for them;

c) conditions the conclusion of the non-exclusive license contracts by the acceptance by users of additional benefits which, by their nature or in accordance with the legal provisions, are not related to the object of these contracts. "

22. In Article 1313, paragraphs 1 and 2 are amended and shall have the following content:

Art. 1313. -

(1) Collective management bodies, users or associations of users provided for in art. 131 paragraph (3) lit. b) and c) can make a new request to initiate the procedures for negotiating tariffs and methodologies only after 3 years from the date of their publication in definitive form in the Official Gazette of Romania, Part I.

(2) In the case of the negotiations provided for in art. 107 paragraph (4), either party may make a new request to initiate the methodological negotiation procedures only after 3 years from the date of their publication in definitive form in the Official Gazette of Romania, Part I. "

23. In Article 133, paragraphs 2 , 5 and 8 are amended and shall have the following content:

 (2) In the case where there are several bodies of collective management for the same field of creation, the beneficiary bodies establish by a protocol that is submitted to the Romanian Copyright Office, in order to be published in the Official Gazette of Romania, Part I, at their expense, the following:

a) the criteria for the distribution of remuneration between bodies;

b) the collective management body to be named among them, by decision of the general director of the Romanian Copyright Office, as collector in the respective field;

c) the way of highlighting and justifying the expenses regarding the real coverage of the collection costs of the collecting body.

 (5) At the expiration of the term of 30 days provided in par. (3), any of the bodies of collective management may resort to mediation or can be addressed to the court.

 (8) The provisions of art. 134 par. (1) lit. c) it also applies to collective management bodies which are single collectors. "

24. Article 134 shall be amended and shall have the following content:

Article 134. -

(1) The collective management is exercised according to the following rules:

a) decisions regarding the methods and rules for collecting remuneration and other amounts from users, those for distribution to authors or rightholders, as well as those regarding important aspects of collective management, are taken by members, at the general meeting, according to the statute;

b) the remuneration received by the collective management bodies are not and cannot be assimilated to their income;

c) the amounts resulting from the placement of unpaid and unpaid remuneration, which are in bank deposits or obtained from other operations performed within the scope of the activity object, as well as those obtained as compensation, as a result of infringement of copyright or related rights distributes the rights holders and cannot constitute income of the collective management body;

d) the amounts collected by a collective management body shall be distributed and paid to its members, in proportion to the use of their repertoire, within the shortest possible time, but no later than 9 months from the end of the financial year in which they were collected, with unless these terms cannot be respected for objective reasons, which relate in particular to user reports, the identification of rights, rights holders or the establishment of correspondences between information on works and other protected objects, on the one hand. , and the holders of rights, on the other hand, or if its members are prevented by the reasons set out above to comply with this deadline;

e) the minimum level from which the payment can be made is stipulated in the statute;

f) the provision provided in letter. e) applies even in the relationship between the collective management body designated as the single collector and the beneficiary bodies;

g) in the case of representation contracts, the amounts collected by a collective management body shall be distributed as soon as possible, but not later than 9 months after the end of the financial year in which the remuneration was collected, unless the body of collective management is prevented from observing this term for objective reasons, which relate in particular to the reports from users, the identification of rights or rights holders;

h) the management fee represents the percentage withheld from the authors or rights holders, from the income from rights or from any income derived from investing the income from rights, to cover the expenses incurred in collecting, distributing and paying remuneration. The commission owed by the members and the rights holders that have a direct connection with the collective management body is withheld at the time of the distribution and cannot exceed 15% of the amounts distributed individually;

i) the commission retained by the collective management body which is a single collector, cumulated with the commission retained by its members by the beneficiary collective management bodies, may not exceed 15% of the amounts distributed to each;

j) the commission withheld by the collective management body which is the sole collector is withheld from the amounts distributed to each beneficiary collective management body at the time of payment;

k) the management fee is applied for each managed right;

l) the commissions are established on a contractual basis in the case of rights managed on the basis of a special mandate, as well as in the case of representation contracts;

m) the collective management bodies may decide that the revocation or withdrawal of the collective management mandate of the rights, categories of rights or types of works and other protected objects shall enter into force only at the end of the financial year.

(2) Collective management bodies keep separately in the accounts:

a) the amounts collected, highlighted in separate analytical accounts for each collection source;

b) any incomes stipulated in the statute, including the management commission, own assets, accession fees, contributions, donations, sponsorships, interest and dividends resulting from the placement of incomes, highlighted in separate analytical accounts;

c) the amounts not claimed, highlighted and kept, by the representative body, in separate analytical accounts for 3 years from the date of notification.

(3) After the expiry of the term provided in par. (2) lit. c), the amounts not claimed are used according to the provisions of the statute.

(4) Collective management bodies shall not have the right to use the proceeds from rights or any income derived from investing the proceeds from rights for purposes other than distribution to authors or rightholders, with the exception of withholding management fees and services provided for par. (6).

(5) If a collective management body invests the proceeds from the rights or any income derived from the investment of the revenues from the rights, this must be done in the common interest of its members, in accordance with the policy stipulated in art. 1261 paragraph (4) lit. c) and e) and in compliance with the following rules:

a) if there is a potential conflict of interest, the collective management body shall ensure that the investment is made exclusively in the interest of its members;

b) the assets are invested in a way that ensures the security, quality, liquidity and profitability of the portfolio as a whole;

c) assets are appropriately diversified, in order to avoid excessive dependence on a certain asset and the accumulation of risks throughout the entire portfolio.

(6) If, by statute, the possibility is provided for a collective management body to be able to provide social, cultural or educational services financed through deductions from the income from rights or from any income derived from the investment of the income from rights, these services are provided on the basis of fair criteria, in particular regarding the access to these services and their scale.

(7) Users have the obligation to provide to the collective management bodies within the agreed and pre-determined format and time the relevant information available to them regarding the use of the rights represented by the collective management body, which are necessary for collecting the revenue from the rights and for the distribution. and payment to authors or rightholders of the amounts owed. Collective management bodies and users shall, as far as possible, take into account the optional standards at sector level, regarding the format in which this information must be made available. "

25. Article 1341 is amended and shall have the following content:

Article 1341. -

(1) Every member has the right to request, in his personal name or through his authorized representative, detailed information and documents regarding the amounts that have been distributed to him during the last 12 months, the origin, the way of calculating the rights and the restraints applied, as well as the verification compliance of these data with the provisions of the distribution regulation.

(2) The bodies of collective management have the obligation to publish, on their own web page, at least the following updated information:

a) the status;

b) the list of members, central and local management bodies, the composition of internal commissions and the list of local officials;

c) the methodologies based on which it collects the remuneration due to the members, as well as the decisions by which the collective management body has been designated as collector;

d) the name of the single collector, if the remuneration is collected through it;

e) standard contracts for granting non-exclusive authorizations;

f) the list of representation agreements concluded with other bodies of collective management, their name, as well as the list of representation contracts concluded with similar bodies from abroad;

g) the modalities of collecting and distributing the amounts due to the authors or the rights holders, as well as the persons responsible for this activity, locally and centrally;

h) the procedures for solving complaints and the situation of disputes and mediation;

i) information on the general meetings held during the last 5 years, such as: the date and place of the convocation, the agenda and the decisions adopted, as the case may be;

j) annual report.

(3) The bodies of collective management have the obligation to make available to the bodies of collective management with which they have concluded representation agreements, by any means, including electronic, at least once a year, at the end of the financial year, and upon request, or by how often it is requested, at least the following information, for the period to which the information refers:

a) the amounts distributed, the amounts paid, broken down by categories of rights managed and by types of uses for the rights they manage under a representation agreement, as well as any amounts distributed and unpaid, for any period;

b) the management fee withheld and any other withholdings established by the representation agreement.

(4) Representation contracts concluded by similar bodies from abroad, provided in par. (2) lit. f), it is concluded in written form, mentioning the way of exchanging information regarding the parties' repertoire, the rights managed, the duration and the payment methods.

(5) The bodies of collective management have the obligation to make available to the authors or the holders of rights to whom they have distributed income derived from rights or for the benefit of which they made payments during the period to which the information refers, at least once a year, through any means, including electronic, at the end of the financial year, and upon request, whenever requested, at least the following information:

a) any contact details that the collective management body has been authorized by the author or the rights holder to use for its identification and location;

b) the amounts distributed to the respective member, broken down by categories of rights managed and by types of uses;

c) the amount of the amounts paid by the collective management body to the respective member, broken down by categories of rights managed and by types of uses;

d) the period during which the uses corresponding to the amounts distributed and paid to the respective member took place, except in cases where the collective management body cannot provide this information for objective reasons, related to the reports made by the users;

e) the management fee retained, broken down by categories of rights managed and by types of uses;

f) any restraint for the purpose of providing social, cultural or educational services;

g) any remuneration or income derived from rights distributed to the author or holder of rights and unpaid, for any period.

(6) The collective management bodies have the obligation to make available the holders of non-member rights, but which have a direct connection with the management body, as well as to the collective management bodies with which they have concluded representation agreements, by any means, including electronic, at least once a year, at the end of the financial year, and upon request, whenever requested, at least the following information:

a) the revenues from distributed rights, the amounts paid by the collective management body broken down by categories of rights managed and by types of uses for the rights they manage under a representation agreement, as well as any revenues from rights distributed for any period , who are unpaid;

b) withholdings made on behalf of management commissions;

c) any detentions for the purpose of providing social, cultural or educational services;

d) information on any licenses granted or refused regarding works and other protected objects that are the subject of the representation agreement;

e) decisions adopted by the general meeting of members, insofar as these decisions are relevant for the management of rights under the representation agreement.

(7) Within a period of 30 days before the general meeting, any member has the right to consult, at the headquarters of the collective management body or by electronic means, in compliance with the legal provisions regarding the protection of personal data, the following:

a) the annual report;

b) the annual reports drawn up by the Director General, the Board of Directors, the Special Standing Committee on Access to Information, the Internal Committees and the Supervisory Body;

c) the text and explanatory memorandum of each draft decision to be submitted for approval to the general meeting;

d) the individual salaries of the employees;

e) the situation of the amounts in the bank accounts, of the investments and the interest obtained at the closing of the last financial year;

f) the situation regarding the categories of users, the number of notifications, the number of payers in each category and the overall amount collected from each category;

g) the situation of disputes;

h) any transaction or payment schedule of users approved by the board of directors;

i) declarations of incompatibility and income.

(8) Access to the information provided in par. (7) is made on the basis of a written request and with the limitation of the access to the personal data of the employees of the collective management body.

(9) Within a collective management body, the special permanent commission on access to information, designated by the general assembly, composed of 5 members, which is not employed and not part of the governing or supervisory bodies, operates.

(10) The persons who consider that they have been violated the right of access to the requested information can notify, within 3 days, the commission provided in par. (9). The Commission is obliged to respond, within 7 days, to both the complainant and the Director General.

(11) The commission provided in par. (9) draws up an annual report on its activity, which it submits to the General Assembly and to the Romanian Copyright Office.

(12) The collective management body makes at least the following information, by electronic means and without undue delay, available to any collective management body on whose behalf it manages rights under a representation agreement or any rights holder or any user:

a) the works or other protected objects they represent, the rights they manage directly or through representation agreements and the territories covered;

b) if, due to the field of activity carried out by the collective management body, such works or other protected objects cannot be established, the types of works or other protected objects they represent, the rights they manage and the territories covered . "

26. After Article 1341 , a new article, Article 1342, is inserted, with the following content:

Article 1342. -

The independent management entities have the obligation to make available to the authors or holders of rights the rights they manage, by any means, including electronic, once a year, at the end of the financial year and, upon request, whenever requested, the little the following information:

a) any contact data that the entity has been authorized by the author or the rights holder to use for its identification and location;

b) the amounts distributed to the author or the rights holder;

c) the amount of the amounts paid by the independent management entity to the author or the rights holder, broken down by categories of rights managed and by types of uses;

d) the period during which the uses corresponding to the amounts distributed and paid to the author or the rights holder have taken place, unless the independent management entity cannot provide this information for objective reasons related to the reports made by the users;

e) the amounts withheld for the activity of managing copyright or related rights;

f) any remuneration distributed to the author or the holder of rights and unpaid, for any period. "

27. Article 135 shall be amended and shall have the following content:

Article 135. -

(1) The collective management bodies have the obligation to submit to the Romanian Copyright Office, within 15 days after the general meeting is held:

a) the annual report;

b) the updated repertoire;

c) representation contracts with similar bodies from abroad.

(2) The documents provided in par. (1) lit. a) and b) shall be submitted to the Romanian Copyright Office, in the format established by decision of the General Director of the Office. "

28. In Title III, Chapter I , a new section is inserted after Section III, Section IV, comprising Articles 1361-1367, with the following content:

SECTION IV Granting of multi-territorial licenses for online rights on musical works by collective management bodies

Art. 1361. -

(1) For the purposes of this law, a multi-territorial license means a license on the right of reproduction and the right of public communication, which also includes the right to make available to the public, on the Internet or other computer networks, and which covers the territory of several states members of the European Union. The two rights can be managed separately.

(2) Online rights on musical works means any of the rights provided in par. (1) and which are necessary for the provision of an online service.

(3) A multi-territorial licensed musical work for online rights means any musical work, including those included in audiovisual works. The musical works in the form of sheet music are exempted from the provisions of this title.

(4) An online music service provider, hereinafter referred to as a provider, shall mean any natural or legal person who is responsible for the content of the online music service, through which they are reproduced for the purpose of publicizing musical works. The suppliers are obliged to accurately report the actual use of these works.

(5) The collective management body that grants multi-territorial licenses for the online rights to musical works must meet the following conditions:

a) has the ability to accurately identify, in whole or in part, the musical works, the territories covered, the rights and the authors or the right holders for each musical work or each part of it, which it is authorized to manage;

b) has the capacity for electronic processing of the necessary data for the administration of the licenses, for identifying and monitoring the use of the repertoire, for collecting, distributing and paying the remuneration due to its members and for issuing invoices to users;

c) uses unique codes to identify the authors or holders of rights and musical works, taking into account the standards and practices in the field, elaborated internationally or within the European Union;

d) use appropriate means to quickly and effectively resolve the inconsistencies identified between the data and information held by it and other collective management bodies that grant multi-territorial licenses for online rights to musical works.

Art. 1362. -

(1) At the request of the providers, of other collective management bodies or of the members they represent, the collective management body that grants multi-territorial licenses shall provide, by electronic means, up-to-date information to identify the online music repertoire they manage, including :

a) the managed musical works;

b) the rights managed in whole or in part;

c) the territories covered.

(2) The collective management body granting multi-territorial licenses shall adopt measures to protect the accuracy and integrity of the data held, to control their re-use and to protect commercially sensitive information.

(3) The collective management body that grants multi-territorial licenses allows members, other collective management bodies and suppliers to request a rectification of the data provided in par. (1), when they consider the data to be inaccurate. If these requests are justified, the collective management body shall, as a matter of urgency, correct the data or information held.

Art. 1363. -

(1) With regard to the management of the online rights on the multi-territorially licensed musical works, the collective management body that grants multi-territorial licenses has the following obligations:

a) to monitor the use of the musical works that it manages, in whole or in part, by the providers who have granted a multi-territorial license for the respective rights;

b) to provide the electronic means necessary to the providers, for reporting the actual use of the multi-territorially licensed musical works for the respective rights. For the electronic exchange of these data, at least one reporting method is used that takes into account the standards or optional practices in the field elaborated internationally or within the European Union;

c) after reporting the actual use by the suppliers, to issue the invoices and send them to them, in the shortest time, including by electronic means, using at least a format that takes into account the standards or the optional practices in the field elaborated internationally or within the European Union;

d) to distribute and pay, accurately and without delay, the remuneration due to authors or rights holders whose musical works have been used under these licenses, providing at each payment information about the period and territories in which these uses took place, the amounts collected from each supplier and distributed, the commission and other deductions applied;

e) to provide the electronic means by which the authors or holders of rights whose musical works are included in their own repertoire, as well as those who entrusted them with the management of their online rights, provide them with information on their musical works or their rights, as well as the territories for which the collective management body mandates.

(2) The provisions of para. (1) lit. d) it also applies if a collective management body mandates another collective management body to grant multi-territorial licenses for the online rights to certain musical works in accordance with the provisions of art. 1364. The managing body that mandates is responsible for the subsequent distribution of these amounts to authors or rightholders and for informing them, unless the collective management bodies agree otherwise.

(3) The provisions of para. (1) lit. e) shall also apply if a collective management body mandates another collective management body to grant multiteritorial licenses in accordance with the provisions of art. 1364 and 1365, unless they agree otherwise.

(4) The collective management body may refuse to accept reports transmitted by providers in a format protected by exclusive rights if the body allows the use for reporting of a sector-accepted standard for electronic data exchange.

(5) The supplier cannot refuse to accept the invoice due to its format if the collective management body uses a standard accepted at sector level.

(6) The invoices provided in par. (1) lit. c) must include accurate data and at least the title of the works and the licensed rights, in whole or in part, as well as information on the actual uses made available by the supplier.

(7) The provider may challenge the accuracy of the information contained in the invoices issued by one or more collective management bodies, which have as their object the same online rights for the same musical work.

(8) If a collective management body mandates another collective management body to grant multi-territorial licenses for the online rights to some musical works, the mandated collective management body distributes the collected payments accurately and without delay.

Art. 1364. -

(1) Any representation agreement under which a collective management body mandates another body to grant multi-territorial licenses for the online rights to the musical works in its own repertoire shall be non-exclusive. The mandated collective management body manages these rights in a non-discriminatory manner.

(2) The collective management body that mandates informs its members about the main conditions of the representation agreement, including its duration and the cost of the services provided by the mandated collective management body.

(3) The mandated collective management body has the obligation to inform the collective management body which mandates on the conditions under which the multi-territorial licenses are granted for the online rights, including the nature of the use, all the provisions regarding the licensing commission or that influence this commission, the duration of the license, the accounting periods and the territories concerned.

Art. 1365. -

(1) If a collective management body does not grant multi-territorial licenses for the online rights on some musical works in its own repertoire, it shall request an agreement to represent another collective management body which:

a) aggregates other directories and does not grant multi-territorial licenses exclusively for their own repertoire;

b) is not limited to the aggregation of rights regarding the same works for the purpose of granting common licenses for the right of reproduction and the right of public communication.

(2) The collective management body to which the request is addressed has the following obligations:

a) to accept the request, if it already grants multi-territorial licenses for the same category of online rights on some musical works in the repertoire of one or more collective management bodies;

b) to respond in writing, as soon as possible, to the applicant collective management body;

c) to manage the repertoire of the applicant collective management body under the same conditions as it applies to managing its own repertoire;

d) to include the repertoire of the applicant collective management body in all the offers it addresses to the suppliers.

(3) The management fee retained by the applicant collective management body may not exceed the reasonable costs incurred by the collective management body to which the request is addressed.

(4) The applicant collective management body shall make available to the collective management body to which the request is made the repertoire and information necessary for granting multi-territorial licenses for online rights.

(5) If the information provided in par. (4) are insufficient or provided in a form that does not allow the collective management body to which the request is addressed to comply with the requirements of this article, the latter has the right to invoice the costs incurred within reasonable limits to meet these requirements or to exclude the works for which information is insufficient or cannot be used.

Art. 1366. -

(1) Authors or rightholders who have authorized a collective management body to manage their online rights to musical works may withdraw the mandate granted, if it does not grant multi-territorial licenses or does not require another collective management body to conclude an agreement. representation in this regard.

(2) In the case provided for in par. (1), the authors or the rightholders have the possibility of granting themselves or through another or another party the multi-territorial licenses, withdrawing their rights from the initial collective management body, to the extent necessary and having the possibility to grant the same rights for the granting of single-territorial licenses.

Art. 1367. -

(1) The provisions provided in art. 1361 -1366 does not apply to the multi-territorial licenses granted by the collective management bodies for:

a) musical works necessary for a broadcasting company to communicate or make available its radio or television programs simultaneously or subsequently to this transmission;

b) any online material produced by or for the broadcasting company, which is ancillary to the initial transmission, for the purpose of completing, previewing or revising the program, including previews.

(2) The provisions of para. (1) does not apply if they lead to distortion of competition with other services that provide consumers with online access to musical or individual works and should not lead to restrictive practices, such as market or customer sharing. "

29. In Article 138 (1), letters h) and i) shall be amended and shall have the following content:

h) controls, at his own expense, ex officio or following a written notification, the compliance with the legislation in the field, the functioning and the activity of the bodies of collective management, including by allowing access to their computer system, and establishes the measures to enter into legality or applies sanctions , as the case;

i) collaborate with similar authorities in the Member States of the European Union in order to monitor the application of the provisions of the European Union regarding copyright and related rights; ".

30. Article 1383 is amended and shall have the following content:

Art. 1383. -

(1) If the Romanian Copyright Office ascertains, following a scheduled control or a notification, that the collective management body does not comply with the obligations imposed by this law, except those whose infringement is punished contraventionally or criminally, it has the necessary measures to enter into legality and grants by decision of the general director of the Romanian Copyright Office a term of 3 months for their fulfillment.

(2) The measures ordered according to par. (1) must be clear, precise and indicating the legal basis on which it is based.

(3) At the expiration of the term provided in par. (1), the Romanian Copyright Office verifies the fulfillment of the ordered measures, and if it finds that they have not been fulfilled, it decides to suspend the activity of the collective management body, by decision of the general director of the Romanian Copyright Office.

(4) Against the decision provided in par. (3) a preliminary complaint can be made, according to the Law of the administrative contentious no. 554/2004 , as subsequently amended and supplemented.

(5) The suspension measure shall be revoked by decision of the general director of the Romanian Copyright Office, after the accomplishment of the measures stipulated according to par. (1).

(6) The provisions of para. (1) - (5) shall also apply, in the case of independent management entities, to the legal provisions that concern these entities. "

31. Article 1384 is repealed.

32. Article 1392 is amended and shall have the following content:

Art. 1392. -

They constitute contraventions and are sanctioned with a fine from 3,000 lei to 30,000 lei the following facts:

a) violation of the provisions of art. 21 paragraph (5);

b) violation of the provisions of art. 88 and 89;

c) violation of the provisions of art. 107 paragraph (3);

d) violation of the provisions of art. 1235 para. (4) or (8);

e) violation of the provisions of art. 130 lit. b), e), g), i), k), l), p) and

q) and of art. 135 para. (1);

f) fixing, without the authorization or consent of the holder of the rights recognized by this law, of the artistic performances or performances or of the broadcasting or television programs;

g) public communication, without the authorization or consent of the holder of the rights recognized by the present law, of the works or products bearing related rights. "

33. In Article 1394, paragraph 2 is repealed.

34. In Article 1394, paragraph 3 is amended and shall have the following content:

 (3) For the repetition of the deed committed in par. (1), which resulted in the commission of the offenses referred to in art. 1396 within a year, the finding body may also apply the supplementary sanction for suspending the activity or one of the activities of the legal person for a period of up to 6 months. "

35. In Article 1395, paragraph 2 is amended and shall have the following content:

 (2) The contraventions provided for in art. 1392 and 1394 are ascertained and applied by the persons empowered by the general director of the Romanian Copyright Office or by the officers or police agencies of the local police or the Ministry of Internal Affairs with competences in the field. "

36. In Article 140 (1), letter g) is repealed.

37. In Article 1512 , after point h) , a new letter, point h1) is inserted, with the following content:

h1) Directive 2011/77 / EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116 / EC on the term of protection of copyright and certain related rights, published in the Official Journal of the European Union, series L, no. 265 of October 11, 2011; ".

38. In Article 1512 , after point i) , a new letter, point j) is inserted, with the following content:

j) Directive 2014/26 / EU of the European Parliament and of the Council of 26 February 2014 on the collective management of copyright and related rights and the granting of multi-territorial licenses for the rights to musical works for online use in the internal market, published in the Official Journal of the European Union, series L, no. 84 of March 20, 2014. "

Article II. -

(1) The bodies of collective management of copyright and related rights have the obligation to change the statutes, in accordance with the provisions contained in art. I, within 12 months from the entry into force of this law.

(2) The methodologies provided in art. 131 of Law no. 8/1996 on copyright and related rights, as subsequently amended and supplemented, remain in effect until the expiration of the period for which they were concluded.

(3) The provisions of the methodologies elaborated according to art. 131 and 1311 of Law no. 8/1996 regarding the copyright and related rights, as subsequently amended and supplemented, which contain provisions regarding the fixed or minimum amounts / remuneration applicable in the case of broadcasting, contrary to the provisions of art. 1311 para. (2), as they have been modified by this law, shall no longer apply from the date of the expiration of a period of 90 days from the publication of this law in the Official Gazette of Romania, Part I.

Article III. -

Law no. 8/1996 on copyright and related rights, published in the Official Gazette of Romania, Part I, no. 60 of March 26, 1996, with the subsequent amendments and completions, as well as those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering.

This law was adopted by the Romanian Parliament, under the conditions of art. 77 paragraph (2) , in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.

Share This Story
AROC
Aroc is a young organization, but it includes experienced voices and who have demonstrated, over time, long-term involvement and good practices.
Contact US
AROC
Str. Arhitect Louis Blanc, nr. 8, tip duplex, parter, camera 9, Sector 1, Bucuresti
Phone: +40 723 625 077
© Copyright AROC - Asociatia Romana a Organizatorilor de Concerte 2020. All rigths reserved.