Some Aspects Regarding the Incrimination and Investigation of the Crime of Making Available to the Public without Right of Works or Products Bearing Related Rights or Sui-generis Rights in Romanian Legislation
Some Aspects Regarding the Incrimination and Investigation of the Crime of Making Available to the Public without Right of Works or Products Bearing Related Rights or Sui-generis Rights in Romanian Legislation

Summary/Abstract: The article performs an analysis of the offence of making available to the public without right of works or products bearing related rights or sui-generis rights, provided by Article 194 of Law no. 8/1996 on copyright and related rights. When performing the analysis of the offence of making available to the public without right of works or products bearing related rights or sui-generis rights, it were taken into account the text in force of Article 3 of the Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, which refers to the right of communication to the public of works and right of making available to the public other subject-matter and Articles 5, 15 and 17 of the Directive 2019/790/EU of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. The analysis aims to determine whether the texts of the Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society and of the Directive 2019/790/EU on copyright and related rights in the Digital Single Market were transposed in Article 194 of Law no. 8/1996 on copyright and related rights.

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