1709 Blog: for all the copyright community

Monday, 24 December 2012

Romania approves Protocol for Audiovisual Works Royalties

It has been a little while since this blogger picked up this news via a Petosevic news letter, but the 1709 Blog doesn't often get a chance to report on developments from Romania, so here it is: on 18 October the Romanian Copyright Office issued a decision outlining the protocol for the remuneration payable by television companies to copyright holders for broadcasting cinematographic and other audiovisual works from the copyright collectives’ repertoires. The decision entered into force on 27 October.

According to the protocol, TV companies must obtain a non-exclusive licence from the collectives in order to broadcast audiovisual works from the collective’s repertoires. This non-exclusive licence may be granted for the period of one year, or less, at the user’s explicit option, with the possibility of getting an extension. The TV companies may review the entire repertoire before acquiring the licence and, once they have the licence, the collectives must provide a CD listing the repertoire under their management and agree to update the repertoire every three months.

In return, the TV companies must pay 2.5% of their income from broadcasting the audiovisual works, net of certain local and state taxes, proportionate to the effective use of the licensed works.That amount is calculated on the basis of a quarterly report by the TV companies on their use of the works. Remuneration is payable quarterly; late payments are penalised. This methodology does not however apply to use of audiovisual works for which TV companies concluded a direct agreement with copyright holders or their agents.

TV companies that do not have sufficient income or which cannot pay an equitable remuneration may agree with the copyright collectives to pay a lump sum to be established annually by the Romanian Association for Audiovisual Communications, representing the interests of Romanian broadcasters.

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