Aspecte privind operele orfane în reglementarea actuală
Aspects Regarding Orphan Works in the Current Regulation

Summary/Abstract: The author of this study offers a systematic presentation of the regulation matter in Law no. 8/1996 on copyright and related rights related to orphan works. The analysis further highlights and clarifies aspects related to the purpose of the regulation and the definition of the orphan work, the categories of works that may be regarded as orphan works and the categories of intellectual creations that do not fall under this category, the holders of the orphan work-derived patrimony rights and the beneficiary institutions thereof, the mutuality rule concerning the recognition of the orphan work status, the attainment and cessation of the orphan work status. The critical remarks and the law draft proposals concerning certain rules in the field invite specialists to reflection, in order to identify and clearly formulate comprehensive regulations and just and beneficial practical solutions for the enhancement of the examined field.

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