Romania has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 39 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 ephemeral recording of particular works made by broadcasters by means of their own facilities for their own broadcasts. It also covers the preservation of those recordings in official archives, on the grounds of their exceptional documentary value.
Implementation details:
Beneficiaries:
- broadcasters
Purposes:
- for the needs of beneficiaries' own programmes (ephemeral recording)
- preservation of recordings of exceptional documentary value in official archives (reproduction)
Usage:
- ephemeral recording
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- beneficiaries must use their own facilities
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.
