Romania has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Article 35, para 3 of the Law No 8/1996 on copyright and related rights. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for temporary acts of reproduction that are transient or accessory and constitute an integral and essential part of a technical process, and whose sole purpose is to allow the transmission, within a network of third parties by an intermediary, or the lawful use, of a work or of another protected subkect matter and which do not have an economic significance in its own right.

Implementation details:

Beneficiaries:

  • intermediaries (transmission in a network)
  • any user (other lawful uses)

Purposes:

  • transmission in a network between third parties by an intermediary
  • other lawful uses

Usage:

  • temporary acts of reproduction

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • the act of reproductions must be transient or accessory
  • the act of reproductions must be an integral and essential part of a technological process
  • the act of reproduction must have no independent economic significance

Introduced/last updated: 14 June 2018

Remarks: According to art. 120, the provisions regarding the limits of exercising copyright also apply accordingly to related rights. Under art. 134 they apply by analogy to broadcasting organizations.