NEGOTIATION OF REMUNERATION PAYABLE TO PERFORMERS AND PHONOGRAMS PRODUCERS FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIOVISUAL ARTISTIC PERFORMANCES.

Given that certain categories of authors’ rights or neighboring rights holders do not exercise them individually, but is mandatory collective management by collecting societies, as CREDIDAM - art. 1231 of the Romanian Copyright Law no.8/1996 provides for the categories of rights that requires mandat...

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Main Author: Mariana SAVU
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2016-06-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS+2016_intellectual_property_law_art.093.pdf
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author Mariana SAVU
author_facet Mariana SAVU
author_sort Mariana SAVU
collection DOAJ
description Given that certain categories of authors’ rights or neighboring rights holders do not exercise them individually, but is mandatory collective management by collecting societies, as CREDIDAM - art. 1231 of the Romanian Copyright Law no.8/1996 provides for the categories of rights that requires mandatory collective management, including, in letter f) recognized the right to equitable remuneration of performers for communication to the public and broadcasting of commercial phonograms or reproductions thereof, stipulating the art. 1231 par.2 that collecting societies, for these two categories of rights, are representing also the rights holders who have not given the mandates to them. The mandate given by right holders, members of CREDIDAM, is thus extended to non-members, Romanian and foreign performers, that can benefit from equitable remuneration as required by art.146 d) of Romanian Copyright Law and art.12 of the Rome Convention – the latter article providing that “if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used directly for broadcasting or for any communication to the public, a single equitable remuneration shall be paid by the user to the performers, or to the producers of the phonograms, or to both.”
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issn 2068-7796
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publisher Nicolae Titulescu University Publishing House
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spelling doaj-art-aa3b701264694cfaabfa9d5f7789a8d82025-01-02T16:20:39ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962016-06-016-647658NEGOTIATION OF REMUNERATION PAYABLE TO PERFORMERS AND PHONOGRAMS PRODUCERS FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIOVISUAL ARTISTIC PERFORMANCES.Mariana SAVU0Attorney-at-Law, Ph.D Candidate, Faculty of Law, ”Nicolae Titulescu” University of BucharestGiven that certain categories of authors’ rights or neighboring rights holders do not exercise them individually, but is mandatory collective management by collecting societies, as CREDIDAM - art. 1231 of the Romanian Copyright Law no.8/1996 provides for the categories of rights that requires mandatory collective management, including, in letter f) recognized the right to equitable remuneration of performers for communication to the public and broadcasting of commercial phonograms or reproductions thereof, stipulating the art. 1231 par.2 that collecting societies, for these two categories of rights, are representing also the rights holders who have not given the mandates to them. The mandate given by right holders, members of CREDIDAM, is thus extended to non-members, Romanian and foreign performers, that can benefit from equitable remuneration as required by art.146 d) of Romanian Copyright Law and art.12 of the Rome Convention – the latter article providing that “if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used directly for broadcasting or for any communication to the public, a single equitable remuneration shall be paid by the user to the performers, or to the producers of the phonograms, or to both.”http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS+2016_intellectual_property_law_art.093.pdfpublic communicationperformersphonograms producersnegotiationmandate.
spellingShingle Mariana SAVU
NEGOTIATION OF REMUNERATION PAYABLE TO PERFORMERS AND PHONOGRAMS PRODUCERS FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIOVISUAL ARTISTIC PERFORMANCES.
Challenges of the Knowledge Society
public communication
performers
phonograms producers
negotiation
mandate.
title NEGOTIATION OF REMUNERATION PAYABLE TO PERFORMERS AND PHONOGRAMS PRODUCERS FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIOVISUAL ARTISTIC PERFORMANCES.
title_full NEGOTIATION OF REMUNERATION PAYABLE TO PERFORMERS AND PHONOGRAMS PRODUCERS FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIOVISUAL ARTISTIC PERFORMANCES.
title_fullStr NEGOTIATION OF REMUNERATION PAYABLE TO PERFORMERS AND PHONOGRAMS PRODUCERS FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIOVISUAL ARTISTIC PERFORMANCES.
title_full_unstemmed NEGOTIATION OF REMUNERATION PAYABLE TO PERFORMERS AND PHONOGRAMS PRODUCERS FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIOVISUAL ARTISTIC PERFORMANCES.
title_short NEGOTIATION OF REMUNERATION PAYABLE TO PERFORMERS AND PHONOGRAMS PRODUCERS FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIOVISUAL ARTISTIC PERFORMANCES.
title_sort negotiation of remuneration payable to performers and phonograms producers for public communication of phonograms and audiovisual artistic performances
topic public communication
performers
phonograms producers
negotiation
mandate.
url http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS+2016_intellectual_property_law_art.093.pdf
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