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IRIS 2016-2:1/23 [RO] Draft laws on cinematography

On 28 October 2015, the Senate (upper Chamber of the Romanian Parliament) rejected the Proiectul de Lege pentru completarea articolului nr. 13 din Ordonanţa Guvernului nr. 39/2005 privind cinematografia (draft Law on the completion of Article 13 of the Government Decree no. 39/2005 on Cinematography). The draft Law intends to add, through a new Article 13 (1) e1), another source of revenues for the Cinematographic Fund. The Fund was established to provide financial resources needed to develop cinematographic work as well as to help with the fulfilment of the duties incumbent on the National Film...

IRIS 2016-1:1/29 [RO] Modifications to the Copyright Act

On 3 November 2015, the Romanian President promulgated Act no. 261/2015 on the modification and completion of Act no. 8/1996 updating the copyright and related rights (Legea 8/1996 actualizată privind dreptul de autor şi drepturile conexe - see IRIS 2002-3/20, IRIS 2005-3/34, IRIS 2006-8/27, IRIS 2012-4/38, IRIS 2015-5/30, IRIS 2015-7/27 and IRIS 2015-8/28). The draft Law modified Article 131(2) b) and Article 154(3) of Act no. 8/1996 and introduced a new letter i) to Article 1311 (1). The modifications were adopted on 23 March 2015, by the Romanian Senate (upper Chamber of the Parliament) and...

IRIS 2015-10:1/27 [RO] Rejected modifications of the Audiovisual Law

On 21 September 2015, the Romanian Senate (upper chamber of the Parliament) rejected modifications of Audiovisual Law no. 504/2002. The Senate’s decision was final. According to Article 13 of the Audiovisual Law, the appointment of Members of the National Audiovisual Council (Consiliul Naţional al Audiovizualului, CNA) may be revoked on request by a specialized commission of the Parliament, in case a Member is not able to exert his function for a period longer than 6 months, and in case of a penal conviction applied by a final court decision. According to the rejected modification of Article 13...

IRIS 2015-8:1/29 [RO] Modification of the conditions for issuing and amending the retransmission notification

On 2 July 2015, the National Audiovisual Council, CNA (Consiliul Naţional al Audiovizualului) adopted CNA decision no. 350/2015 on the modification and completion of CNA decision no. 72/2012 with regard to the conditions for issuing and amending the retransmission notification (see IRIS 2014-3/39). The decision was published in the Official Journal of Romania no. 533 of 17 July 2015. It intends to clarify the procedure for implementing the must-carry system in the case of the retransmission of programme services at regional and local level according to Article 82 (2) of the Audiovisual Act. According...

IRIS 2015-8:1/28 [RO] Legal provisions on the statute of orphan works

On 27 July 2015, the Romanian President promulgated the Law no. 8/1996 on copyright and related rights (Law for the completion of the Legea nr. 8/1996 privind dreptul de autor și drepturile conexe) with regard to orphan works (see IRIS 2006-8/27, IRIS 2012-4/38, IRIS 2015-5/30 and IRIS 2015-7/27). The new Law no. 210/2015 was published in the Official Journal of Romania no. 550 of 24 July 2015. It transposes into the Romanian legislation the Directive 2012/28 EC on certain permitted uses of orphan works. The Law has been adopted under an emergency procedure by the Senate (upper chamber of the Romanian...