Since October 2016 when the Copyright Law ("New Copyright
Law") entered into, three important pieces of secondary
legislation were enacted in early 2017: Council of Ministers'
Decision No.33, "On the approval of the tariffs applicable to
the services offered by the Copyright Directorate" ("CMD
No.33"), Council of Ministers' Decision No.34, "On
the procedures of registration, organization and classification of
the copyrighted works" ("CMD No.34") and Council of
Ministers' Decision No.35, "On the functioning,
organization and compensation of the National Council of Copyright
(NCC)" ("CMD No.35").
CMD No.33 establishes the new
official tariffs for the services provided by the Copyright
Directorate (formerly Copyright Office), mainly copyright
registration services, payable by the individuals and legal
entities seeking for protection of their works. The Copyright
Directorate will also deal with the licensing/relicensing
applications of the collective management agencies. The tariffs are
paid to the State budget via the Ministry of Culture.
CMD No.34 provides for the procedures
of registration, organization, and classification of copyrighted
works. The procedures of registration of copyright are carried out
with the Copyright Directorate. The procedure takes 45 days,
including the application (supported by the documents specified
under this decision), examination of the application, registration
of the copyrighted work and issuance of the registration
certificate. As specified under this decision, the certificate or
registration proves the registration of copyright on a work,
however it does not prove the authorship over such work. The
Copyright Directorate holds an electronic and documentary register
created for storing all the data related to applications,
registrations and other actions undertaken by such directorate. The
organization (indexation) and classification of the copyrights and
which is made as follows: registration of the copyright and related
rights; registration of contracts and agreements having as object
copyright / related rights; registration of the licensed collective
management agencies and any information they submit to the
Copyright Directorate; the record of certificates of registration /
record of any assignment of rights in accordance with the New Law;
deposit under the provision of the New Law related to the
protection of copyright, without any formality. Under this
decision, the Copyright Directorate may refuse the registration of
copyright / related rights and notify the same to the applicant who
may challenge it by following the relevant provisions of the
Administrative Procedures Code.
CDM No.35 provides the regulation on
functioning, organization and compensation of the National Council
of Copyright (NCC). NCC set up by the New Law is a novelty for the
copyright system. The NCC is a collegial organ specialized in the
determination of the compensation fees for the exploitation of
copyrighted works which are under collective administration. The
mission of the NCC, which is a collegial organ functioning within
the ministry responsible of copyright, is to provide a guarantee
and protection to the right holders, with regards to their
compensation for the exploitation (either of a patrimonial or extra
patrimonial nature) of their rights in the intellectual market. The
NCC is based on the principle of transparency and cooperation
between collective management agencies as well as associations
representing copyright users. CDM No.35 provides for a set of rules
related to functioning and organization of this collegial body: the
four members of which the NCC is composed are appointed by the
ministry responsible of copyright under a set of criteria and
requisites provided under this decision, and it functions under the
specific rules set out by the same, while the compensation of the
members of the NCC is made in accordance with Council of
Minister's Decision No.418/2012 "On the approval of the
compensation level of the members of councils, boards or
commissions of local governance" as amended.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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