Romania has implemented the Use for the demonstration or repair of equipment (Art. 5.3(l) InfoSoc) exception in Article 38 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 and presentation of extracts from works by companies engaged in the production or sale of sound or audio-visual recordings, equipment for the reproduction or communication to the public thereof and also equipment for receiving radio and television broadcasts, for the purpose of testing the operation of their products at the time of manufacture or sale, provided that such acts are performed only to the extent required for testing.

Implementation details:

Beneficiaries:

• companies, engaged in the production or sale of sound or audio-visual recordings, equipment for the reproduction or communication to the public thereof and also equipment for receiving radio and television broadcasts

Purposes:

• testing the operation of beneficiaries' products at the time of manufacture or sale

Usage:

• reproduction
• presentation

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• use is limited to acts required for testing
• use is limited to only extracts of works and other subject matter

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.