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Translation from Romanian
Romanian Copyright Office
Decision no. 61 of the 24th of April 2009 (Decision 61/2009)
for the publication in the Official Gazette of Romania, Part I, of the
Protocol regarding the List of supports and devices for which the
compensatory remuneration for private copy in relation to the works
reproduced after sound and audiovisual recordings is owed, as well
as the quantum of such remuneration
Published in the Official Gazette no. 316 of the 13th of May 2009
Taking into consideration Report no. SDG/1.038 of the 24th of April 2009 of the Directorate for
Ledgers, Collective Management and Public Relations,
Considering the provisions of art. 107, 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 the
Decision of the General Manager of the Romanian Copyright Office no. 173/2008 regarding the
establishment of the Negotiation Commission of the list of devices and supports from the sound and
audiovisual domain for which the compensatory remuneration for private copy is owed in relation to
the works reproduced after sound or audiovisual recordings to the authors of musical and audiovisual
works, to performers and to the producers of phonograms and videograms,
Based on 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 the equipping necessary for
the fulfilment of the tasks 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 Protocol regarding the List of supports and
devices for which the compensatory remuneration for private copy in relation to the works reproduced after sound
and audiovisual recordings is owed, as well as the quantum of such remuneration, concluded between the collective
management bodies Union of Romanian Composers and Musicologists – Copyright Association (UCMR-ADA),
Copyright Society for Cinema and Audiovisual – Society of Romanian Audiovisual Authors (DACIN-SARA), Union of
Phonogram Producers in Romania (UPFR), Romanian Center for Performers’ Rights Management (CREDIDAM),
Union of Film and Audiovisual Producers in Romania – Romanian Association of Audiovisual Works Management
(UPFAR-ARGOA), Association for Phonogram Producers’ Rights in Romania (ADPFR), on the one hand, and the
Association of Producers and Distributors for IT&C Equipment (APDETIC), Trade Company "Star Print Trade Co." S.R.L., Association of Mobile Operators in Romania (AOMR), Trade Company "Vodafone Romania" - S.A. and Trade
Company "Orange Romania" - S.A., on the other hand, stipulated in the annex which forms an integral part of this
decision.
Art. 2. - This decision will take effect on the date of its publication in the Official Gazette of Romania, Part I.
p. General Manager of the Romanian Copyright Office,
Eugen Vasiliu
Bucharest, 24th of April 2009.
No. 61.
Translation from Romanian
Romanian Copyright Office
Protocol dated the 10th of April 2009 (Protocol from 2009)
regarding the List of supports and devices for which the
compensatory remuneration for private copy in relation to the works
reproduced after sound and audiovisual recordings is owed, as well
as the quantum of such remuneration
Published in the Official Gazette
1. This protocol regulates the list of devices and supports for which the compensatory remuneration for
private copy is owed, in accordance with the provisions of art. 107 of Law no. 8/1996 on copyright and related rights,
with further amendments and supplements.
2. Within the meaning of this protocol, manufacturer/importer will be understood as any person that
manufactures or imports, on the territory of Romania, supports which can be used for the performance of sound or
audiovisual recordings and/or devices designed for the performance of copies, in the situation stipulated in art. 34
para. (1) of Law no. 8/1996, with further amendments and supplements.
3. The persons stipulated at point 2 will pay to the sole collector collective management body designated by
the decision of the General Manager of the Romanian Copyright Office, a monthly compensatory remuneration for
private copy in accordance with the tables included in the List of supports and devices for which the compensatory
remuneration for private copy in relation to the works reproduced after sound or audiovisual works is owed, forming
annexes no. 1 and 2 to this protocol.
4. The calculation base used for the application of the percentages indicated in the two tables is represented
by the following, as the case may be:
a) the total customs value of the devices and supports which allow the reproduction of the sound and audiovisual
works, in analogical and digital system, during the month for which it is owed (the calculation base does not include
VAT, customs duties, excises);
b) the total value of the monthly invoices, issued by manufacturers, for the devices and supports which allow the
reproduction of the sound and audiovisual works, in analogical and digital system (the calculation base does not
include VAT), manufactured in Romania.
5. In this protocol, the compensatory remuneration will be paid monthly, until the 15th of each month
following the month for which it is owed.
6. Along with the payment of the remuneration, the importers and manufacturers will communicate to the
sole collector collective management body a report which will include the following:
a) the list of devices and supports manufactured or imported on the territory of Romania;
b) the calculation base on product groups (devices and supports in accordance with annexes no. 1 and 2).
Translation from Romanian
7. For payment delays, the importers and/or manufacturers will owe penalties equivalent with the reference
interest of the National Bank of Romania, pertaining to the outstanding amounts, calculated per day of delay.
8. The list of supports and devices for which the compensatory remuneration for private copy is owed may
be negotiated after 2 years from the date of its publication in the Official Gazette of Romania, Part I, in accordance
with the supports and devices which allow the reproduction of sound or audiovisual works known upon the date of
submission of the new request for negotiation.
9. This protocol, together with the List of supports and devices for which the compensatory remuneration for
private copy in relation to the works reproduced after sound or audiovisual recordings is owed, will be applied to all
the persons that manufacture or import on the territory of Romania supports on which sound or audiovisual
recordings may be achieved in analogical or digital system, and/or devices designated for the performance of copies,
under the conditions of art. 34 and 107 of Law no. 8/1996, with further amendments and supplements.
The parties agree to the submission of this protocol to the Romanian Copyright Office, in accordance with
art. 1312 para. (2) of Law no. 8/1996, with further amendments and supplements, for publication in the Official
Gazette, Part I.
*
This protocol will take effect within 3 days from the date of its publication in the Official Gazette of Romania,
Part I, based on the decision of the Romanian Copyright Office.
This protocol was concluded on the 10th of April 2009, in 9 (nine) counterparts, with equal force of evidence.
UCMR-ADA
Ana Achim,
General Manager
DACIN-SARA
Mircea Muresan,
General Manager
UPFR,
Tedy Crestin,
Executive Manager
ADPFR
Sorinel Chelariu,
President
VODAFONE
Aurelia Dragomirescu,
Manager
AOMR
Liviu Popescu,
Executive Manager
CREDIDAM
Stefan Gheorghiu,
General Manager
UPFAR-ARGOA
Ionel Udrescu,
Vice-President
APDETIC
Valentin Negoita,
President
STAR PRINT TRADE CO.
Liviu Gosa,
General Manager
ORANGE
Madalina Albinescu,
Legal Department Coordinator
MINUTES
dated the 10th of April 2009
regarding the List of supports and devices for which the
compensatory remuneration for private copy in relation to works reproduced after
sound or audiovisual recordings is owed, as well as the quantum of such remuneration
Concluded between:
- Union of Romanian Composers and Musicologists – Copyright Association (UCMR-ADA), having its registered
office in Bucharest, 141, Calea Victoriei, 1st District, represented by General Manager, Mrs. Ana Achim;
- Copyright Society for Cinema and Audiovisual – Society of Romanian Audiovisual Authors (DACIN-SARA), having
its registered office in Bucharest, 4-6, Dem. I. Dobrescu Street, entrance B, 3rd floor, room 50-52, 1st District,
represented by General Manager, Mr. Mircea Muresan;
- Union of Phonogram Producers in Romania (UPFR), having its registered office in Bucharest, 88B, Nicolae
Titulescu Blvd., 1st District, represented by Executive Manager, Mr. Tedy Crestin;
Translation from Romanian
- Romanian Center for Performers’ Rights Management (CREDIDAM), having its registered office in Bucharest, 1517. Jules Michelet Street, 1st District, represented by General Manager, Mr. Stefan Gheorghiu;
- Union of Film and Audiovisual Producers in Romania – Romanian Association of Audiovisual Works Management
(UPFAR-ARGOA), having its registered office in Bucharest, 4-6, Dem I. Dobrescu Street, 3rd floor, room 44, 1st
District, represented by Vice-President, Mr. Ionel Udrescu;
- Association for Phonogram Producers’ Rights in Romania (ADPFR), having its registered office in Bucharest, 103,
Stirbei Voda Street, bldg. 24A, 2nd floor, apart. 6, 1st District, represented by Mr. Sorinel Chelariu;
in their capacity as members of the commission – collective management bodies;
and
- Association of Producers and Distributors for IT&C Equipment (APDETIC), having its registered office in Bucharest,
105A, Sos. Oltenitei, 4th District, represented by President, Mr. Valentin Negoita;
-Star Print Trade Co., having its registered office in Bucharest, 8, Dimitrie Pompei Blvd., Feper Building, 1st floor, 2nd
District, represented by General Manager, Mr. Liviu Gosa,
in their capacity as members of the commission, as importers/manufacturers of supports on which sound and/or
audiovisual recordings may be performed and/or of devices designed for the performance of copies, irrespectively of
the manner of operation, which allow the reproduction of sound or audiovisual works,
further to negotiations, they agreed on annex no. 1 to the protocol, which contains the List of supports and devices
for which the compensatory remuneration for private copy in relation to works reproduced after sound or audiovisual
recordings is owed, as follows:
ANNEX no. 1
to the protocol
LIST
of supports and devices for which the compensatory remuneration
for private copy in relation to works reproduced
after sound and audiovisual recordings is owed
a) Devices
1. Television sets and digital videotape recorders with HDD or incorporated storage medium, audio/video players
with storage medium, MP3 players, MP4 players, iPOD media player which allows the following formats: AVI, MPEG1, MPEG-2, MPEG-4, XVID, DIVX (v3.11, v4.x, V.5x, V.6x), XVID/VCD, SVCD, DVD, ACC, WMA, WMV, ASF, MP3,
MP4, WAV, IMOD and any other version thereof, developed afterwards 0.5%
2. Blu-ray recorder 0.5%
3. HD DVD recorder 0.5%
4. Audio recorder 0,5%
5. Minidisk recorder 0.5%
6. Video recorder 0.5%
7. CD recorder, autonomous hi-fi equipment 0.5%
8. DVD recorder, autonomous hi-fi equipment 0.5%
9. MP3 recorder 0.5%
10. CD writer 0.5%
11. DVD writer 0.5%
12. Computer-integrated CD writer 0.5%
(the percentage is applied to the amount representing 7% from the value of the system with which the CD writer is
marketed)
13. Computer-integrated DVD writer 0.5%
(the percentage is applied to the amount representing 7% from the value of the system with which the DVD writer is
marketed)
14. External hard disk, including the one with audio video input/output, irrespectively of the denomination thereof
0.5%
15. Computer-integrated hard disk 0.5%
(the percentage is applied to the amount representing 10% from the value of the system with which the hard disk is
marketed)
16. Memory sticks 0.5%
b) Supports
1. Memory cards (other than for phones) 3%
2. Blu-ray disc 3%
3. HD DVD Disc 3%
4. Audio cassettes 3%
5. Minidisk 3%
Translation from Romanian
6. Video tapes type VHS, Super VHS (except for tapes for portable video camera, such as: Video 8, Digital 8, HI8,
DVM, VHS-C, Super VHS-C), D-VHS, HD video tapes 3%
7. Any type of blank DVD or CD, including CD data 3%
UCMR-ADA
Ana Achim,
General Manager
DACIN-SARA
Mircea Muresan,
General Manager
UPFR,
Tedy Crestin,
Executive Manager
ADPFR
Sorinel Chelariu,
President
CREDIDAM
Stefan Gheorghiu,
General Manager
UPFAR-ARGOA
Ionel Udrescu,
Vice-President
APDETIC
Valentin Negoita,
President
STAR PRINT TRADE CO.
Liviu Gosa,
General Manager
MINUTES
dated the 12th of March 2009
regarding the List of supports and devices for which the
compensatory remuneration for private copy in relation to works reproduced after
sound or audiovisual recordings is owed, as well as the quantum of such remuneration
Concluded between:
- Union of Romanian Composers and Musicologists – Copyright Association (UCMR-ADA), having its registered
office in Bucharest, 141, Calea Victoriei, 1st District, represented by General Manager, Mrs. Ana Achim;
- Copyright Society for Cinema and Audiovisual – Society of Romanian Audiovisual Authors (DACIN-SARA), having
its registered office in Bucharest, 4-6, Dem. I. Dobrescu Street, entrance B, 3rd floor, room 50-52, 1st District,
represented by General Manager, Mr. Mircea Muresan;
- Union of Phonogram Producers in Romania (UPFR), having its registered office in Bucharest, 88B, Nicolae
Titulescu Blvd., 1st District, represented by Executive Manager, Mr. Tedy Crestin;
- Romanian Center for Performers’ Rights Management (CREDIDAM), having its registered office in Bucharest, 1517. Jules Michelet Street, 1st District, represented by General Manager, Mr. Stefan Gheorghiu;
- Union of Film and Audiovisual Producers in Romania – Romanian Association of Audiovisual Works Management
(UPFAR-ARGOA), having its registered office in Bucharest, 4-6, Dem I. Dobrescu Street, 3rd floor, room 44, 1st
District, represented by Vice-President, Mr. Ionel Udrescu;
- Association for Phonogram Producers’ Rights in Romania (ADPFR), having its registered office in Bucharest, 103,
Stirbei Voda Street, bldg. 24A, 2nd floor, apart. 6, 1st District, represented by Mr. Sorinel Chelariu;
in their capacity as members of the commission (collective management bodies),
and
- Association of Mobile Operators in Romania (AOMR), having its registered office in Bucharest, 15, Charles de
Gaulle Square, 1st District, represented by Executive Manager, Mr. Liviu Popescu;
-S.C. VODAFONE ROMANIA - S.A., having its registered office in Bucharest, 15, Charles de Gaulle Square, 1st
District, represented by Manager, Mr. Aurelia Dragomirescu;
-S.C. ORANGE ROMANIA - S.A., having its registered office in Bucharest, 51-53, Lascar Catargiu Blvd., 1st District,
represented by Legal Department Coordinator, Mrs. Madalina Albinescu,
in their capacity as members of the commission, as importers/manufacturers, within the meaning of Law no. 8/1996,
of phones with functions which allow audio-video rendering and of memory cards for phones which allow the
performance of sound or audiovisual recordings,
further to negotiations, they agreed on annex no. 2 to the protocol, which contains the List of supports and devices
for which the compensatory remuneration for private copy in relation to works reproduced after sound or audiovisual
recordings is owed, as follows:
Translation from Romanian
ANNEX no. 2
to the protocol
LIST
of supports and devices for which the compensatory remuneration
for private copy in relation to works reproduced
after sound and audiovisual recordings is owed
a) Devices
- Telephones with functions which allow the rendering of sound or audiovisual recordings MP3, MP4, AAC, WMA,
WAV, Real etc. (e.g.: Iphone), with a storage capacity greater than 64 Mb 0.5%
b) Supports
- Memory cards for phones 3%
UCMR-ADA
Ana Achim,
General Manager
DACIN-SARA
Mircea Muresan,
General Manager
UPFR,
Tedy Crestin,
Executive Manager
ADPFR
Sorinel Chelariu,
President
CREDIDAM
Stefan Gheorghiu,
General Manager
UPFAR-ARGOA
Ionel Udrescu,
Vice-President
APDETIC
Aurelia Dragomirescu,
Manager
ORANGE
Madalina Albinescu,
Legal Department Coordinator
AOMR
Liviu Popescu,
Executive Manager