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ECONOMIC RIGHTS OF THE NEIGHBORING RIGHTS OWNERS PERFORMERS’ RIGHTS MANAGEMENT

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Author(s): MARIANA SAVU

Journal: Challenges of the Knowledge Society
ISSN 2068-7796

Volume: 2;
Issue: -;
Start page: 1165;
Date: 2012;
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Keywords: performers | economic rights | compulsory collective management | optional collective management | performers’ rights management organization.

ABSTRACT
The scientific research theme aims to deepen a topical issue, i.e. to examine the legal requirements of performers’ rights from Romania, by collective management, to do a critical analysis of the regulation in our country and to contribute thereby to the correction of the law, to its harmonization with the EU countries. Intellectual creation has some amazing features: it is invisible, it can be passed across borders, it can be multiplied to infinity and its value increases steadily over time. Any country that cares about its traditions and seeks to make progress in the field of culture, of science and education, must recognize, encourage and protect intellectual creation. The copyright neighboring rights or "les droits voisins" as they were called in doctrine and jurisprudence, have been regulated for the first time in the Romanian law by the Law no.8 /1996 on copyright and neighboring rights. The neighboring rights are intellectual property rights, other than the copyright, granted to performers for their own performances or executions, to sound recordings producers and audiovisual recordings producers for their own recordings, and to broadcasting organizations (radio and television) for their own transmissions and program services. Performers’ rights can be managed mandatory or optionally by the collective management societies. The collective management of copyright and neighboring rights is a necessary step for implementation of certain rights in comparison with various ways of exploitation. Since the beginning, some of performers’ economic rights proved difficult to assess individually. The technical progress and widespread mass exploitation have made individual control virtually impossible. Collective management primarily involves the collection of remuneration payable by users/importers and its distribution to those entitled to it, proportional to the actual use of each repertory, within 6 months from collection date.

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