- Ensure that your work benefits from copyright protection
In Romania, the copyright protection of original works of intellectual creation in the literary, artistic or scientific field, regardless of the way of creation, the way or the concrete form of expression and regardless of their value and destination, is protected by copyright. Also, derivative works that have been created from one or more pre-existing works are protected, provided that they do not prejudice the rights of the original work creator.
Not entitled to copyright protection:
a) ideas, theories, concepts, scientific discoveries, processes, methods of operation or mathematical concepts and inventions contained in a work, whatever the way of taking, writing, explaining or expressing it;
b) official texts of political, legislative, administrative, judicial and official translations;
c) the official symbols of the state, public authorities and organizations such as: the coat of arms, the seal, the flag, the emblem, the coat of arms, the badge, the badge and the medal;
d) means of payment;
e) news and press information;
f) simple facts and data.
- Make the evidence necessary to prove paternity to an intellectual creation work in case of a possible dispute
According to the law, the work of intellectual creation is recognized and protected, regardless of the fact that it is brought to the public knowledge, by the simple fact of its realization, even unfinished, independent of the fulfillment of any deposit or registration formalities.
However, in the case of a dispute over intellectual property rights, the claimant must prove that he is the author of the work in question.
The law presumes to be the author of the work, to the contrary, the person under whose name the work was brought to the attention of the public for the first time.
The inclusion of the work in the patrimony of the collective copyright management body (UCMR-ADA, COPYRO, DACIN-SARA, VISARTA) or the recording of the work in the National Register of Performing Arts are voluntary procedures but can be used as a means of proving the exercise of quality author at a given time.
The law does not limit the means by which the paternity of a work can be proved.
- Legal length of copyright protection
The legal protection of patrimonial rights by the author extends throughout the life of the author, and after his death, the rights are passed by inheritance, according to civil law, for a period of 70 years, whatever the date when the work was brought to public knowledge in legally. If there are no heirs, the exercise of these rights rests with the collective management body mandated during the lifetime by the author or, in the absence of a mandate, the collective management body with the largest number of members in the respective field of creation.
Upon expiration of the legal copyright period, the intellectual creation work enters the public domain, which means that any person can use the work without requesting the consent of the copyright owner and without violating any copyright.
