Dreptul de autor şi patrimoniul cultural imaterial: specificitatea contractelor
Copyright and immaterial cultural heritage: the specificity of contracts

Summary/Abstract: In the recent years, there has been a growing interest in obtaining exclusive prerogatives conferred by intellectual property rights such as copyright, registration as an industrial design or trademark on folk or religious creations. In 2017, the High Court of Cassation and Justice recognized the copyright for a craftsman and his heirs on 151 crosses in the Săpânţa Cemetery. Starting from this case, this analysis aims to clarify aspects related to the application of the law in time and the classification of respective contracts that had for object real estate goods by their nature or by destination, possibly protected by copyright. The arguments that formed the basis for the recognition of copyright for crosses made over 40 years ago are related to the originality of the crosses and the protection conferred for the original works by Decree no. 321/1956. The challenge of this analysis consists in the classification of contracts in a procedural framework in which not all parties were present. The classification of the agreements by which the crosses were alienated as contracts for creating future works, protected by copyright, without the buyers of the crosses or their heirs being parties to the proceedings, creates a new legal situation. This has effects regarding the property right on these goods and especially with regard to the material disposition as its attribute. Moreover, even recognizing this classification, the compliance of the formal conditions for the transfer of copyright is also of interest.

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