Romania has implemented the Use for public security purposes (Art. 5.3(e) InfoSoc) exception in Article 35, para 1, (a) of the Law No 8/1996 on copyright and related rights. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the reproduction of a work (previously made public) in judicial, parliamentary or administrative proceedings or for public security purposes following uses of a work
Implementation details:
Beneficiaries:
- no restrictions
Purposes:
- use in judicial, parliamentary or administrative proceedings
- use for public security purposes
Usage:
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- use must be in accordance with good practice, must not hinder the normal exploitation of the work and harm the author
- works used must be made public
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..
Although there is no restriction to beneficiaries, the EU Court of Justice has interpreted the InfoSoc provision as meaning that free use may be exercised solely by a competent public authority and, in certain cases, by a third party only in coordination with competent national authorities (Painer, Case C-145/10).
