Copyright

From Saferpedia

Copyright represents a set of exclusive rights which regulates the use of an idea, a work or information. Copyright is represented by the "©" symbol. Copyright infringement is the unauthorized use of materials protected by the copyright law, violating owner's rights by reproducing its materials or realizing works derived from them. According to article 3 from Law number 8/1996, there are considered to be authors only individuals, but there are able to benefit by the copyright law protection other persons too. In case of copyright, especially regulated in Law number 8/1996, "author" means the person or persons who created the work.

It is presumed to be the author, until proven otherwise, the person under whose name the work was first brought to public knowledge. When the work was brought to public attention under anonymous form or under a pseudonym which does not permit to identify the author, the copyright shall be exercised by the person or entity that makes it public only with the consent of the author, as long as it does not reveal its identity.

After author death, the right to claim the recognition of authorship of the work and the right to demand respect for the integrity of the work and to oppose to any changes and any detriment to the work if prejudicial to the author's honor or reputation are transmitted by inheritance, according to civil law, on unlimited duration. If no heirs, the exercise of these rights belongs to the Romanian Office for Copyright.

International law

Trough the Berne Convention (1886 and revised in 1971) for the protection of literary and artistic works, literary and artistic works are protected. Romania acceded to the Berne Convention regarding copyright in 1926 by Law no. 152/1926.

According to the Berne Convention, is not necessary to mention the fact that a work is protected by copyright as long as "intellectual property of a literary, artistic or scientific corresponds to the author for the simple fact that he/she created it" and "are considered objects of the intellectual property all the literary, artistic and scientific original creations expressed trough any environment and on any support, tangible or intangible, now known or will invented in the future."

For the digital creations are applied the same laws and copyrigth as for the intellectual properties.

Copyright history

In Geneva, in 1952, is established the Universal Copyright Convention;
In 1961, in Rome enter into force the International Convention for the protection of performers, producers of phonograms and broadcasting organisms, to which Romania adhere by the Law no. 76/1998;
Follow the Convention on the distribution of program-carrying signals transmitted by satellites, in 1974;
In 1989 in Geneva, the Treaty on International Registration of Audiovisual Works.
As a result of technology development, on May 14 1991 appears the 91/250/EEC (European Economic Community) Directive regarding software protection;
In 1993 enters into force the 93/83/EEC Directive regarding the coordination certain rules of copyright and related rights applicable to satellite broadcasting and cable transmissions;
In March 2002 enters in force the WIPO (World Intellectual Property Organization) Treaty for Copyright and in May 2002 the WIPO Performances and Phonograms Treaty(WPPT).

Romanian laws of copyright

The first copyright law in Romania was the Literary and Artistic Property law and entered in force at June 28, 1923;
On July 24, 1946 appeared a law regarding the publishing contract and author's right over literary works; this law was partially repealed on January 14 1949 by the Decree no 17 for book editing and publishing.
In 1951 entered in force the Decree no 19 on February 16 regarding copyright over works that were likely to be printed; this was modified by the Decree no 428 from November 13, 1952.
In June 27, 1956 all the normative acts mentioned above (the decrees) were repealed by the Decree no 321 regarding copyright.
Nowadays the copyright is regulated by the:
- Law no 8/1996 regarding copyright and related rights;
- Law no 285/2004 amending and supplementing Law no. 8/1996 regarding copyright and related rights;
- Emergency Ordinance no 123/2005 for amending and supplementing the Law no 8/1996 regarding copyright and related rights.