Translation from Romanian

Translation from Romanian

OFFICIAL GAZETTE OF ROMANIA, PART I, No. 982/08th of December 2006

DOCUMENTS OF THE ROMANIAN COPYRIGHT OFFICE

ROMANIAN COPYRIGHT OFFICE

D E C I S I O N

for the publication in the Official Gazette of Romania, Part I, of the Methodology regarding the public communication of phonograms published for commercial purposes or of the reproductions thereof and the tables with the pecuniary rights of performers and of phonogram producers

Taking into account the provisions of art. 1312 para. (2) and of art. 133 para. (1) of Law no. 8/1996 on copyright and related rights, with further amendments and supplements, and of art. 1 of the Decision of the General Manager of the Romanian Copyright Office regarding the establishment of the Commission for the negotiation of the Methodology regarding the public communication of phonograms published for commercial purposes and of the reproductions thereof no. 315/2006, published in the Official Gazette of Romania, Part I, no. 866 on the 23rd of October 2006,

considering Paper no. SG/5.355 of the 16th of November 2006 of the Directorate for Ledgers, Collective Management and Public Relations,

on the grounds of the provisions of art. 6 para. (1) and of art. 7 of the Government Decision no. 401/2006 regarding the organisation, operation, personnel structure and equipping necessary for the fulfilment of the duties of the Romanian Copyright Office,

the General Manager of the Romanian Copyright Office hereby issues the following decision:

Art. 1 – The publication, in the Official Gazette of Romania, Part I, of the Methodology regarding the public communication of phonograms published for commercial purposes or of the reproductions thereof and the tables with the pecuniary rights of performers and of phonogram producers, concluded between the collective management bodies Romanian Center for Performers’ Rights Management (CREDIDAM) and Union of Phonogram Producers in Romania (UPFR), on the one hand, and the Federation of Hotel Industry in Romania (FIHR) and the Autonomous Administration of Transportation Bucharest (RATB), on the other hand, available in the annex which forms an integral part of this decision.
Art. 2 – The designation of the collective management body Romanian Center for Performers’ Rights Management (CREDIDAM), / having its registered office in Bucharest Municipality, 15-17, Jules Michelet Street, 1st District, as the collector of the remunerations representing the pecuniary rights of performers, established in the methodology stipulated in art. 1.
Art. 3 – The designation of the collective management body Union of Phonogram Producers in Romania (UPFR), having its registered office in Bucharest Municipality, 88 B, Nicolae Titulescu Street, 1st District, as the collector of the remunerations representing the pecuniary rights of phonogram producers, established in the methodology stipulated in art. 1.
Art. 4 – This decision will take effect on the date of its publication in the Official Gazette of Romania, Part I.

Deputy General Manager of the Romanian Copyright Office,

Eugen Vasiliu

Bucharest, 16th of November 2006.

No. 399.

ANNEX

Methodology regarding the public communication of phonograms published for commercial purposes or of the reproductions thereof and the tables with the pecuniary rights of performers and of phonogram producers

1.  Public communication of phonograms published for commercial purposes or of the reproductions thereof is understood as the communication thereof in public spaces (indoor or outdoor), irrespectively of the manner of achievement of the communication, by the use of certain mechanical, electroacoustic or digital means (amplifier installations, equipment for the rendering of sound or visual recordings, radio receivers or television sets, information technology equipment etc.)
2.  The use of artistic performances from the audiovisual domain for ambient purposes is understood as the communication thereof in public spaces, irrespectively of the manner of achievement of the communication to the public.
3.  Within the meaning of this methodology, phonogram user is understood as any authorised natural person or legal entity, which publicly communicates phonograms published for commercial purposes or reproductions thereof, in spaces held under any title (ownership, administration, rental, sub-rental, commodatum etc.).
4.  User of artistic performances from the audiovisual domain is understood as any authorised natural person or legal entity, which uses under any title (ownership, administration, rental, sub-rental, commodatum etc.) spaces where audiovisual works are being utilised for ambient purposes.
5.  The user is bound to obtain authorisations in the form of non-exclusive licenses issued by the collective management bodies for the rights of performers and of phonogram producers, for the public communication of phonograms published for commercial purposes or of the reproductions thereof and of artistic performances from the audiovisual domain, in consideration of a remuneration in accordance with the tables*) below, no matter the actual duration of the public communication.
6.  The non-exclusive licenses will be issued for a maximum period of 12 calendar months from the date of request, based on the user’s affidavit
in the Official Gazette of Romania, Part I, at the expense of the collective management body, based on the decision of the General Manager of the Romanian Copyright Office, issued within 5 days from the date of submission.
13. The changes will take effect starting with the month following the publication. / (legal representative or attorney).
7.  The payment obligation for the non-exclusive license rests with the holder, under any title, of the space of public communication of the phonograms published for commercial purposes or of the reproductions thereof, or of artistic performances from the audiovisual domain.
8.  In the event of the partial sub-rental of a space used for public communication purposes, the holders, under any title, of the rented spaces, are bound to obtain the non-exclusive license and to pay the distinct remuneration, in case they use their own sound or sound & image equipment.
9.  Based on the remunerations established in the tables below, the users, after filling in the affidavit with the information required by the collective management bodies, may obtain a non-exclusive license for a period of 3 / 6 / 12 calendar months, after such period the validity thereof terminating as of right.
10.  The collective management bodies designated by the Romanian Copyright Office as the sole collectors of the rights of performers and of phonogram producers may appoint one or two proxies to monitor the use of phonograms for ambient or lucrative purposes, having free access to the indoor or outdoor spaces where the public communication takes place, based on the credentials issued by the collective management bodies or of other supporting documents (delegation), being allowed to use portable audio and/or video recording equipment.
11.  The established remunerations are subject to annual change, starting with the first month of the year following the year of publication of this methodology, by the collective management bodies designated by the Romanian Copyright Office as the sole collectors of the rights of performers and of phonogram producers, based on the inflation index established at national level.
12.  Such changes will be submitted to the Romanian Copyright Office, and will be published

TABLE

WITH THE VALUE OF REMUNERATIONS FROM THE USE OF

MUSIC FOR AMBIENT PURPOSES

(low power sound devices or installations)

INDOOR OR OUTDOOR SPACES

LOCATED IN TOWNS/CITIES OR RESORTS

A1 RESTAURANTS, BARS, COFFEE SHOPS, TEA HOUSES, BEERHOUSES, FAST FOODS, ROTISSERIES, PIZZA SHOPS, SHAWARMA SHOPS, WINE CELLARS, CONFECTIONERIES, GAMBLING ROOMS, BALL ROOMS, WEDDING ROOMS AND ASSIMILATED.*)

MONTHLY REMUNERATION (RON)
Pos. / Net area / Phonogram producers (UPFR) / Performers / Performers for audiovisual
1 / Net area up to 49 sq.m. / 20 / 20 / 10
2 / Area between 50 and 99 sq.m. / 25 / 25 / 15
3 / Area between 100 and 149 sq.m. / 29 / 29 / 16
4 / Area between 150 and 199 sq.m. / 35 / 35 / 17
5 / Area between 200 and 249 sq.m. / 40 / 40 / 20
6 / Area between 250 and 299 sq.m. / 43 / 43 / 21
7 / Area between 300 and 349 sq.m. / 45 / 45 / 22
8 / Area between 350 and 399 sq.m. / 47 / 47 / 23
9 / Area between 400 and 459 sq.m. / 49 / 49 / 24
10 / Area between 450 and 499 sq.m. / 52 / 52 / 25
11 / Area over 500 sq.m. / 56 / 56 / 27

INDOOR OR OUTDOOR SPACES

LOCATED IN COMMUNES AND VILLAGES

A2 RESTAURANTS, BARS, COFFEE SHOPS, TEA HOUSES, BEERHOUSES, FAST FOODS, ROTISSERIES, PIZZA SHOPS, SHAWARMA SHOPS, WINE CELLARS, CONFECTIONERIES, GAMBLING ROOMS, BALL ROOMS, WEDDING ROOMS AND ASSIMILATED *)
MONTHLY REMUNERATION (RON)
Pos. / Net area / Phonogram producers (UPFR) / Performers / Performers for audiovisual
1 / Net area up to 49 sq.m. / 10 / 10 / 5
2 / Area between 50 and 99 sq.m. / 15 / 15 / 7
3 / Area between 100 and 149 sq.m. / 20 / 20 / 10
4 / Area between 150 and 199 sq.m. / 25 / 25 / 12
5 / Area between 200 and 249 sq.m. / 33 / 33 / 15
6 / Area between 250 and 299 sq.m. / 36 / 36 / 18
7 / Area between 300 and 349 sq.m. / 39 / 39 / 19
8 / Area between 350 and 399 sq.m. / 42 / 42 / 20
9 / Area between 400 and 459 sq.m. / 45 / 45 / 21
10 / Area between 450 and 499 sq.m. / 47 / 47 / 22
11 / Area over 500 sq.m. / 50 / 50 / 25
INDOOR OR OUTDOOR SPACES
IN TOWNS/CITIES, RESORTS, COMMUNES AND VILLAGES
A3 BARS WITH LIMITED WORKING HOURS, NIGHT CLUB*)
(without dancing rink for the public)
MONTHLY REMUNERATION (RON)
Pos. / Net area / Phonogram producers (UPFR) / Performers
1 / Net area up to 49 sq.m. / 50 / 50
2 / Area between 50 and 99 sq.m. / 75 / 75
3 / Area between 100 and 149 sq.m. / 80 / 80
4 / Area between 150 and 199 sq.m. / 85 / 85
5 / Area between 200 and 249 sq.m. / 90 / 90
6 / Area between 250 and 299 sq.m. / 95 / 95
7 / Area between 300 and 349 sq.m. / 100 / 100
8 / Area between 350 and 399 sq.m. / 105 / 105
9 / Area between 400 and 459 sq.m. / 110 / 110
10 / Area between 450 and 499 sq.m. / 115 / 115
11 / Area over 500 sq.m. / 150 / 150
INDOOR OR OUTDOOR SPACES
LOCATED IN TOWNS/CITIES, RESORTS, COMMUNES AND VILLAGES
B COMMERCIAL UNITS OR SERVICE SUPPLY UNITS, SHOWROOMS, SUPERMARKETS, HYPERMARKETS, PRIVATE MEDICAL PRACTICES, PRIVATE DENTAL PRACTICES, BEAUTY SHOPS AND ASSIMILATED etc.*)**)
MONTHLY REMUNERATION (RON)
Pos. / Net area / Phonogram producers (UPFR) / Performers / Performers for audiovisual
1 / Net area up to 49 sq.m. / 9 / 9 / 2
2 / Area between 50 and 99 sq.m. / 12 / 12 / 6
3 / Area between 100 and 149 sq.m. / 29 / 29 / 8
4 / Area between 150 and 199 sq.m. / 35 / 35 / 10
5 / Area between 200 and 249 sq.m. / 40 / 40 / 12
6 / Area between 250 and 299 sq.m. / 45 / 45 / 14
7 / Area between 300 and 349 sq.m. / 50 / 50 / 15
8 / Area between 350 and 399 sq.m. / 65 / 65 / 17
9 / Area between 400 and 459 sq.m. / 80 / 80 / 20
10 / Area between 450 and 499 sq.m. / 90 / 90 / 22
11 / Area between 500 and 999 sq.m. / 100 / 100 / 25
12 / Area over 1,000 sq.m. / 150 / 150 / 27
INDOOR OR OUTDOOR SPACES
LOCATED IN TOWNS/CITIES, RESORTS, COMMUNES AND VILLAGES
C1 FAIRS AND EXHIBITIONS*)**)
DAILY REMUNERATION (RON)
Pos. / ACTIVITY / Phonogram producers (UPFR) / Performers
1 / RURAL FAIRS, FLEA MARKETS, YARD SALES / 15 / 15
ART, SCIENCE, BOOK EXHIBITIONS AND OTHERS ALIKE
2 / AREA UP TO 200 sq.m. / 2 / 2
3 / AREA OVER 200 sq.m. / 5 / 5
4 / FAIRS OR EXHIBITIONS (agricultural food products, industrial products, consumer goods, vehicle and motor goods, nautical, sports, leisure goods etc.) / 120 / 120
5 / BANQUET, FESTIVE DINNER, PARTY (organised on occasion of a colloquium, symposium, congress, varnishing day, book launching or CD launching etc.) / 35 / 35
ACTIONS PERFORMED IN OUTDOOR SPACES
LOCATED IN TOWNS/CITIES, RESORTS, COMMUNES AND VILLAGES
C2 PUBLICITY WITH VEHICLES, STANDS, BANNERS, SCREENS, FIXED/INFLATABLE LAYOUTS, MOBILE TRAILERS ETC. (EQUIPPED WITH OR ACCOMPANIED BY SOUND INSTALLATIONS)
DAILY REMUNERATION (RON)
Pos. / TYPE
(ACTIVITY) / Phonogram producers (UPFR) / Performers
1 / ADVERTISING MOTOR-VEHICLE / TRAILER / 20 / 20
2 / STAND, BANNER, SCREEN, FIXED LAYOUT, INFLATABLE LAYOUT / 5 / 5
INDOOR OR OUTDOOR SPACES
LOCATED IN TOWNS/CITIES, RESORTS, COMMUNES AND VILLAGES
C3 VARIOUS SHOWS
(for the music played before, during and after the show)
REMUNERATION / SHOW (RON)
Pos. / ACTIVITY / Phonogram producers (UPFR) / Performers
1 / PHILHARMONIC, OPERA HOUSE, THEATRE, CINEMA, CIRCUS, DOLPHINARIUM AND ASSIMILATED / 5 / 5
INDOOR OR OUTDOOR SPACES
LOCATED IN RESORTS, COMMUNES AND VILLAGES
D1 HOTEL UNITS*)**)***)
MONTHLY REMUNERATION (RON)
Pos. / TYPE OF LOCATION / Phonogram producers (UPFR) / Performers / Performers for audiovisual
1 / GUEST HOUSE, HALT, HOSTEL / 12 / 12 / 10
2 / UP TO 3 STAR URBAN BOARDING HOUSE / 12 / 12 / 20
3 / HOLIDAY VILLAGE, CAMPING, HOLIDAY CLUB / 12 / 12 / 10
4 / MOTEL / 12 / 12 / 20
5 / 4-5 STAR URBAN BOARDING HOUSE / 40 / 40 / 30
6 / CAMPS (theme, conventional, cultural or assimilated actions / 50 / 50 / 40
7 / UP TO 3 STAR HOTEL (INCLUSIVE) WITH MAXIMUM 50 ROOMS / 30 / 30 / 10