COPYRIGHT

PERIOD OF PROTECTION

As a rule, the patrimonial and moral rights are valid as long as their author lives. After the author's death, the patrimonial rights shall be transferred by inheritance for a period of 70 years, regardless the date when it was legally made public.

If there are no inheritors, the exercise of such rights shall be due to the collective management body mandated by the author in his lifetime, or, if there is no mandate, to the collective management body with the largest number of members, from the creation field in question. In case, after the cessation of the copyright protection, a person legally makes a work that has not been published before public, for the first time, it benefits from a protection that is equivalent to the one of the author’s patrimonial rights.

Such rights are valid for 25 years, staring with the moment when the work was first made legally public.

As regards the works made legally public under a pseudonym or without indicating the author’s identity, the patrimonial rights are valid for 70 years.

The copyrights contracts ussually reffer to the following tipe of contracts:

The assignment contract

According to the provisions of Law No. 8/1996, regarding the copyright and related rights, the author or the holder of the copyright may assign by contract to other persons only its patrimonial rights.

The patrimonial copyright assignment contract is a contract by which the author completely or partially transfers its patrimonial rights to the other party, referred to as assignee, who undertakes to pay the assignor the price of such assignment. This assignment can be limited to certain rights, for a certain territory and for a given period of time. The assignment may be exclusive or non-exclusive. Within the exclusive assignment, the holder of the copyright cannot use the work in the ways, during the period and for the territory agreed with the assignee and cannot transfer the right in question to another person. Within the non-exclusive assignment, the holder of the copyright can use the work itself and it can transfer the non-exclusive right to other persons.

The publishing contract

The publishing contract is a contract by which the holder of the copyright assigns to the publisher, in exchange of a remuneration, the right to reproduce and distribute the work. The publishing contract can be assigned by the publisher only with the author’s consent; the assignment to the editor of the right to authorize other persons to adapt the work or to use it in any way shall represent the subject of a different contract. The contract shall specify not only the right for which the publishing contract produces effects, but also the deadline for publishing the work. If the contract does not provide the deadline for publishing the work, the publisher is bound to publish it within maximum one year from its acceptance date.

The theatrical and musical performance contract

By the theatrical and musical performance contract, the holder of the copyright assigns to a natural or legal entity the right to perform in public a present or future, literary, dramatic, musical, dramatic-musical, choreographic or pantomime work, in exchange of remuneration, and the assignee undertakes to perform it or execute it under conditions agreed upon. The theatrical and musical performance contract may be concluded directly, on its behalf, by the holder of the copyright, but it may also be concluded through collective management bodies. The contract may be concluded either for a specific period of time or for a specific number of public performances. The beneficiary of a theatrical and musical performance contract cannot assign it to a third show organizer without the written agreement of the author or its agent or, except for the concomitant, total or partial assignment of this activity.

The work renting contract

By the work renting contract the author undertakes to allow the utilization on a given period of time of at least one copy of its work, either in original or in copy, especially computer programs or works that are recorded on audio or audio-visual tapes. The work renting contract is subjected to the common right provisions regarding the tenancy contract, to which only the rented object, so the rented good that is a movable good representing the object of the copyright, is specific. The rent will be settled according to the value of the rented good and the contract period and it shall be paid on the stipulated terms, usually successively. The rent must be specified when the contract is concluded or it must be specifiable. The author keeps the copyright over the rented work, except for the distribution right, unless otherwise agreed within the renting contract.

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Home About us Services Trademarks Patents Designs/Models Copyrights Contracts Litigation Links Contact	COPYRIGHT PERIOD OF PROTECTION As a rule, the patrimonial and moral rights are valid as long as their author lives. After the author's death, the patrimonial rights shall be transferred by inheritance for a period of 70 years, regardless the date when it was legally made public. If there are no inheritors, the exercise of such rights shall be due to the collective management body mandated by the author in his lifetime, or, if there is no mandate, to the collective management body with the largest number of members, from the creation field in question. In case, after the cessation of the copyright protection, a person legally makes a work that has not been published before public, for the first time, it benefits from a protection that is equivalent to the one of the author’s patrimonial rights. Such rights are valid for 25 years, staring with the moment when the work was first made legally public. As regards the works made legally public under a pseudonym or without indicating the author’s identity, the patrimonial rights are valid for 70 years. The copyrights contracts ussually reffer to the following tipe of contracts: The assignment contract According to the provisions of Law No. 8/1996, regarding the copyright and related rights, the author or the holder of the copyright may assign by contract to other persons only its patrimonial rights. The patrimonial copyright assignment contract is a contract by which the author completely or partially transfers its patrimonial rights to the other party, referred to as assignee, who undertakes to pay the assignor the price of such assignment. This assignment can be limited to certain rights, for a certain territory and for a given period of time. The assignment may be exclusive or non-exclusive. Within the exclusive assignment, the holder of the copyright cannot use the work in the ways, during the period and for the territory agreed with the assignee and cannot transfer the right in question to another person. Within the non-exclusive assignment, the holder of the copyright can use the work itself and it can transfer the non-exclusive right to other persons. The publishing contract The publishing contract is a contract by which the holder of the copyright assigns to the publisher, in exchange of a remuneration, the right to reproduce and distribute the work. The publishing contract can be assigned by the publisher only with the author’s consent; the assignment to the editor of the right to authorize other persons to adapt the work or to use it in any way shall represent the subject of a different contract. The contract shall specify not only the right for which the publishing contract produces effects, but also the deadline for publishing the work. If the contract does not provide the deadline for publishing the work, the publisher is bound to publish it within maximum one year from its acceptance date. The theatrical and musical performance contract By the theatrical and musical performance contract, the holder of the copyright assigns to a natural or legal entity the right to perform in public a present or future, literary, dramatic, musical, dramatic-musical, choreographic or pantomime work, in exchange of remuneration, and the assignee undertakes to perform it or execute it under conditions agreed upon. The theatrical and musical performance contract may be concluded directly, on its behalf, by the holder of the copyright, but it may also be concluded through collective management bodies. The contract may be concluded either for a specific period of time or for a specific number of public performances. The beneficiary of a theatrical and musical performance contract cannot assign it to a third show organizer without the written agreement of the author or its agent or, except for the concomitant, total or partial assignment of this activity. The work renting contract By the work renting contract the author undertakes to allow the utilization on a given period of time of at least one copy of its work, either in original or in copy, especially computer programs or works that are recorded on audio or audio-visual tapes. The work renting contract is subjected to the common right provisions regarding the tenancy contract, to which only the rented object, so the rented good that is a movable good representing the object of the copyright, is specific. The rent will be settled according to the value of the rented good and the contract period and it shall be paid on the stipulated terms, usually successively. The rent must be specified when the contract is concluded or it must be specifiable. The author keeps the copyright over the rented work, except for the distribution right, unless otherwise agreed within the renting contract.	News Important ! The Romanian Trademark Law 84/1998 is essentially changed www.GlobalIpMarket.com - international sell and licence of trademarcs, designs and patents. www.Intellektus.com - Global Provider of Trademark, Design, Patent, Domain and Copyright Registration, Renewal and Litigation Services. All news Newsletter Name: Email: Newsletter list
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