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.
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