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Procedure regarding the issuing of the non-exclusive license authorization for the public communication of commercial phonograms/phonograms published for commercial purposes and/or of artistic performances in the audiovisual field (for profit) - Dec.10/2016.*
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Procedure
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Companii
Cetateni
National
Details
According to art. 162 letter b) of Law no. 8/1996 regarding copyright and related rights "collective management organizations have the following obligations: b) to grant non-exclusive authorizations to users, at their request, made before the use of the protected repertoire, in exchange for a remuneration, (...)".
For the public communication of phonograms and artistic performances in the audiovisual field (for profit), legal entities and self-employed individuals (PFA) are obliged to conclude non-exclusive license authorizations with the CREDIDAM Association and to pay the remunerations owed according to the methodologies in force (specifically ORDA decision no.10/2016 amended by ORDA decision no.120/2016 and CAB order from 15.03.2017), the tariffs being updated with the inflation index according to ORDA decisions no.60/2019, no.6/2022, no.35/2023, no.35/2024. The users to whom this procedure applies are: event organizers, discos, DJs, gyms/aerobics halls, etc.
*Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
-
Annex declaration*
Descarcă
The workplaces are completed*
Proof of payment*
Descarcă
OP, account statement with which the proforma invoice was paid.*
Tax invoice*
Descarcă
Supporting documents with a financial-accounting character for each month of payment (analytical balance sheets, accounting balances).*
Descarcă
In order to justify the declared amounts and to verify the remuneration calculated monthly.*
Declaration on own responsibility, signed and stamped by the legal representative of the user, regarding the basis for calculation of the remuneration owed*
Descarcă
Basis of calculation: 1. revenues, excluding VAT, obtained from consumption and the sale of tickets, subscriptions, programs, the value of promotional materials, sponsorships, etc., and in their absence: 2. the expense budget of the event/manifestation/show/tour/campaign, excluding VAT; 3. the expense budget for advertising, promotional or electoral campaigns, excluding VAT.*
List of commercial phonograms/phonograms published for commercial purposes or their reproductions and/or artistic performances in the audiovisual field publicly communicated.*
Descarcă
playlist*
Any supporting document showing the area where phonograms/artistic performances are broadcast in the audiovisual field*
Descarcă
In the case of dance/ballet/gymnastics/aerobic/zumba halls.*
Users declaration - Com pub 10 and 120/2016 V4*
Descarcă
It is completed, signed, stamped. All workplaces of the company are indicated, where phonograms/AV performances are publicly communicated.*
User convention - Com pub 10 and 120/2016 V4*
Descarcă
It is filled in/ signed/ stamped for the purpose of obtaining the non-exclusive authorization/license for the public communication of commercial phonograms/phonograms published for commercial purposes or their reproductions, as well as/or the artistic performances in the audiovisual field for profit.*
Fees
Title
Payment method
Value
Currency
None
Deadlines
Resolution time:
30
Calendar days
Case filling duration:
5
Calendar days
Notification deadline:
2
Calendar days
Legislation
- Law number
10
dated year
2016
Decision no. 10/2016 regarding the publication in the Official Gazette of Romania, Part I, of the Arbitral Award no. 1 of February 15, 2016 regarding the establishment of the final form of the Methodology on the remuneration owed to performers or executing artists and to phonogram producers for the public communication of commercial phonograms/phonograms published for commercial purposes or their reproductions, as well as/or of artistic performances in the audiovisual field, for ambient and lucrative purposes, and the tables including the patrimonial rights of performers or executing artists for phonograms and for audiovisual, and of phonogram producers, through mandatory collective management*
- Law number
38
dated year
2017
Decision no. 38/2017 regarding the publication in the Official Gazette of Romania, Part I, of the Conclusion of the Bucharest Court of Appeal, Fourth Civil Section, of March 15, 2017, regarding the correction of material errors and the request for clarification of the operative part of Civil Decision no. 784A of October 26, 2016*
- Law number
60
dated year
2019
Decision no. 60/2019 regarding the modification, based on the inflation index established at national level, of the remunerations due to performing artists or performers and phonogram producers provided in the Methodology regarding the remuneration owed to performing artists or performers and phonogram producers for the public communication of commercial phonograms/phonograms published for commercial purposes or their reproductions, as well as/or of the artistic performances in the audiovisual field, for ambient and lucrative purposes, and the tables comprising the patrimonial rights of performing artists or performers for phonograms and for audiovisual works and of phonogram producers, through mandatory collective management, published in the Official Gazette of Romania, Part I, through Decision of the Deputy General Director of the Romanian Copyright Office no. 10/2016, as amended by the Decision of the Deputy General Director of the Romanian Copyright Office no. 120/2016, as well as those established by the Decision of the General Director of the Romanian Copyright Office no. 99/2015*
- Law number
99
dated year
2015
Decision no. 99/2015 regarding the publication in the Official Gazette of Romania, Part I, of the Protocol concluded on September 22, 2015 between the Union of Phonogram Producers of Romania (UPFR) and the Romanian Center for the Administration of Performers' Rights (CREDIDAM), on one hand, and the Employers' Federation of Trade Networks (FPRC), Commercial Company Altex Romania - S.R.L. (ALTEX) and Commercial Company OMV Petrom Marketing - S.R.L. (OMV), on the other hand*
Appeal routes
In case of dispute, the provisions of common law are applicable, see http://credidam.ro/wp/comunicare-publica/
*Additional information
More info:
Links
None
Assistance and problem-solving services
None
Last updated:
06 March 2025
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
Institution responsible with document:
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
Credidam The Romanian Centre for the Administration of Performers' Rights Association*
*Content marked with an asterisk (*) has been automatically translated and may not fully reflect the original meaning. For objective interpretation, please consult the Romanian version.
str. C.A.Rosetti nr.34, sector 2, Bucuresti - 020015, Sector 2, RO
Telefon:
021.307.92.00
Fax:
021.318 58 13
Email:
office@credidam.ro
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