Romania

[RO] DACIN-SARA - The Collecting Society for Cinematography Works

IRIS 2012-4:1/38

Eugen Cojocariu

Radio Romania International

On 23 January 2012 the Oficiul Român pentru Drepturile de Autor (Romanian Copyright Office - ORDA) designated the collective administration body DACIN-SARA - Copyrights for Cinematography-Audiovisual - Romanian Authors’ in Audiovisual Society based in Bucharest, as the collector of the remuneration due to the authors of cinematography and other audiovisual works for the reproduction of their works (see IRIS 2005-6/34, IRIS 2006-8/27 and IRIS 2006-9/30).

The decision, which was published in the Official Journal no. 93 of 6 February 2012,provides that the remuneration shall be calculated according to the methodology of the reproduction of cinematography and other audiovisual works' index and to the remuneration table that includes the property rights of authors. The decision was taken under Legea nr. 8/1996 privind dreptul de autor şi drepturile conexe, cu modificările şi completările ulterioare (Law no. 8/1996 on copyright and related rights, with further completions and modifications).

The decision came after two written warnings issued by ORDA on 24 January and 20 July 2011, which imperatively requested DACIN-SARA to correct within 30, respectively 60 days, several breaches of Law 8/1996 as well as of its own statutes. ORDA issued in 2011 written warnings also to other remuneration collectors in the field: the Uniunea Producătorilor de Film şi Audiovizual din România - Asociaţia Română de Gestiune a Operelor din Audiovizual (Film and Audiovisual Producers’ Union of Romania - The Romanian Association for Managing Audiovisual Works, UPFAR ARGOA), Uniunea Muzicologilor şi Compozitorilor din România - Asociaţia pentru Drepturi de Autor (Musicologist and Composers’ Union of Romania - Association for Copyrights, UCMR ADA, unique remuneration collector for cable transmission) and Asociaţia Internaţională de Gestiune Colectivă a Operelor Audiovizuale România (International Association for the Collective Management of Audiovisual Works Romania - AGICOA ROMANIA), due to numerous infringements of Law 8/1996. All these bodies competed with each other to collect the remuneration due to the authors of cinematography and other audiovisual works.

During 2010 and 2011 DACIN-SARA and AGICOA ROMANIA had launched repeated judicial actions against each other, trying to become the remuneration collector for cinematography and other audiovisual works.