Considerații privind infracțiunea de însușirea calității de autor
Considerations on the offence of appropriating authorship
Author(s): Alisa Valeria TomaSubject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: copyright; moral rights of the author; the right to work’s authorship; the appropriation of authorship.
Summary/Abstract: Romanian special law in the field of copyright, Law No. 8/1996 on copyright and related rights by article 141 par. (1), provides as an offense the act of a person who acquires, in whole or in part, just by having no right, the work of another author and submit that own intellectual creation.In common language – not legal one, the unlawful assumption of authorship is called "plagiarism" and is primarily being used to denote copyright and related rights infringement.From the outset it should be noted that Romanian legislator does not speak about plagiarism directly and that no offense among those ruled by Law No. 8/ 1996 on copyright and related rights is entitled "plagiarism".The concept of plagiarism has been taken by the Romanian legislator in scientific research only. In everyday speech, plagiarist is being regarded as a thief and the word "plagiarism" is often used to mean "literary theft".Plagiarism means the use of ideas, concepts, words or structures, scientific methods - of another author, in a written work or an oral communication, even online, without appropriately acknowledging the source, representing them as one”s own original work.
Journal: Revista Română de Dreptul Proprietăţii Intelectuale
- Issue Year: 2015
- Issue No: 2 (43)
- Page Range: 194-197
- Page Count: 4
- Language: Romanian
- Content File-PDF