Considerations regarding the donation of copyright on the unpublished manuscript Cover Image
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Consideraţii cu privire la donaţia drepturilor de autor asupra manuscrisului nepublicat
Considerations regarding the donation of copyright on the unpublished manuscript

Author(s): Edmond Gabriel Olteanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: copyright; donation; moral right; property right

Summary/Abstract: The transmission of the copyright on a manuscript by donation is rare, but the effects should be monitored. One problem is the first public communication and in the contract must be provided that the exercise of this moral right took place, or even occurs by donation. A second problem is the assessment of the rights, even for unpublished manuscript. The criteria should include: the amount of remuneration of a publishing contract value or values based on other works published. In the case of joint works, could be donated both, manuscript and the copyright, and the regime is similar to that of co-ownership. For collective work cannot assign a distinct right for one of the coauthors but, according to art. 6 (2) of Law no. 8/1996, there is a copyright holder and thus a possible donor.

  • Issue Year: 2013
  • Issue No: 04
  • Page Range: 9-13
  • Page Count: 5
  • Language: Romanian