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.