Romania has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Article 35, para 1, (f) 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 (excluding any means that come in direct contact with the work), distribution or communication to the public of the image of a work of architecture, plastic, photographic or applied art, permanently placed in public places, unless the image of the work is the main subject of such reproduction, distribution or communication and whether it is used for commercial purposes.
Implementation details:
Beneficiaries:
- any user
Purposes:
- non-commercial
Usage:
- reproduction (excluding any means that come in direct contact with the work)
- distribution
- communication to the public
Subject Matter:
- images of works of architecture, plastic, photographic or applied art, permanently placed in public places
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- the source and name of the author must be stated, unless this proves impossible; in the case of works of plastic, photographic or architectural art, the place where the original is located must also be mentioned
Other Conditions:
- the image of the work must not be the main subject of the reproduction, distribution or communication
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.
