Succinte consideraţii despre conţinutul dreptului autorului de a pretinde recunoaşterea paternităţii operei
Brief considerations about the content of the author’s right to claim the recognition of the paternity of the work

Summary/Abstract: The right to claim recognition of authorship is perpetual and unavailable. The author will continue to benefit from this prerogative even if he/she assigns all economic rights regarding the work. Moreover, most often, this prerogative is invoked by the authors even against the assignees or, more broadly, the legitimate users of the work. The violation of this non patrimonial prerogative of the author may lead to ordering the perpetrator to pay moral damages, and to pay compensation for material damage, if this can be proved by the author. Thus, it is important to know what to do and what not to do in order to comply with the author’s right to claim recognition of authorship for the work. Similarly, a better understanding of this prerogative by the authors will also help them to better articulate their offensives, when their right is violated, and to avoid the initiation of frivolous court proceedings. This study contributes to the understanding of the content of this moral right of the author, starting from a particular case, relatively recently solved by the Romanian courts. We will present, in a simplified version, the dispute of the parties, the legal issue discussed (namely whether a certain conduct – i.e. of not indicating the name of the author of the background music, during the credit titles of the TV show on the background of which such music was broadcasted with the author’s consent – is or is not a violation of the author’s non patrimonial right to claim recognition of authorship for the work), the arguments, in both directions, submitted during the trial, and the criticism of the arguments submitted which, in our opinion, are not convincing. Subsequently, we will formulate some general considerations about the author’s moral right to claim recognition of authorship for the work, starting from the observations made in the study of that particular case.

• Details
• Contents