Regimul juridic al interpretărilor muzicale fixate înainte de intrarea în vigoare a Legii nr. 8/1996 privind dreptul de autor şi drepturile conexe
The legal system of musical performances established prior to the coming into force of Law no. 8/1996 on copyright and related rights

Summary/Abstract: Lack of specific transitory provisions with respect to the related rights regarding performances fixed before Law no. 8/1996 entering into force gave birth to controversy in interpretation of the Law. In our opinion, the legal protection of the performances fixed before Law no. 8/1996 entering into force cannot exceed the legal protection enjoyed by performances fixed after the Law 8/1996 entered into force. Therefore, unless otherwise proven, it is presumed that the artist who participated in recording of the sound recording before Law no. 8/1996 entering into force assigned the rights of reproduction and distribution of the fixed performances to the producer of the sound recording. Additionally, according to an express legal provision, the artist has no right to prohibit broadcasting and public communication of his performances fixed prior to Law no. 8/1996 entering into force. However, in both cases, artist has the right to receive an equitable remuneration.

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