The Notion of Remuneration as Defined under Law No. 8/1996 on Copyright and Related Rights Cover Image
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Noţiunea de remuneraţie din perspectiva Legii nr. 8/1996 privind dreptul de autor şi drepturile conexe
The Notion of Remuneration as Defined under Law No. 8/1996 on Copyright and Related Rights

Author(s): Maria-Luisa Creaţă, Ana-Maria Marinescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: remuneration; the equitable remuneration for the public lending right; the compensatory remuneration for private copy;

Summary/Abstract: The remuneration, as its definition indicates, implies a payment, retribution or distribution. From the point of view of Law no. 8/1996 on copyright and related rights, the remuneration takes into account four hypotheses: the first concerning the remuneration of rightholders for certain uses of their works or their related products, the second the remunerations owed as a result of the assignment contracts concluded, the third the remunerations owed by the collecting management organizations to the right holders following the distributions made and the fourth the remunerations provided in the methodologies/contracts/non-exclusive licenses negotiated and concluded between the collecting management organizations and the users. The first category includes: the equitable remuneration for the public lending right, the compensatory remuneration for private copy, the equitable remuneration due to the performers and producers for the use of their phonograms by broadcasting or communication to the public and the equitable remuneration resulting from the transfer of the rental right in respect of a phonogram or videogram. Of the four hypotheses, in fiscal terms, the top three represent revenue for rights holders and the fourth tariffs for users. The article deals with the four hypotheses of the remunerations by presenting the specifics of each.

  • Issue Year: 2019
  • Issue No: 1
  • Page Range: 51-68
  • Page Count: 18
  • Language: Romanian
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