TRANSPARENCY OF COLLECTIVE MANAGEMENT ORGANIZATIONS (COLLECTING SOCIETIES)
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
According to art. 133, paragraph (7) of Law no. 8/1996 on Copyright and Related Rights: „the collective management organization (collecting society), which is the sole collector, is required to issue the authorization through a non-exclusive license, in writing, on behalf of all recipient collective management organizations and to ensure both transparency of collection activities and the related costs in relations to the recipient collective management organizations. They have an obligation to support the collection activity.” This special rule applies only to sole collectors and it cannot be transposed to the collectors appointed in various collection fields by ORDA, even if they are subject to mandatory collective management. Otherwise, in accordance with art. 130, paragraph (1), letter (i) of Law no. 8/1996, the obligation to ensure transparency in the collection activity operates also regarding the collectors from areas other than „private copying”, according to which „the collective management organizations are required as follows: i) to ensure transparency of collective management activities in their relations with the public authorities which have the right to control and, through them, with the users;”. Under these circumstances, such obligation to ensure transparency exists and it is also applied by CREDIDAM, and the latter has entirely complied with it over time by submitting to ORDA on annual basis all the documents as required by law, as well as any other document required by it during inspections. We shall further show that CREDIDAM has also provided all the information, as enlisted in art. 2 point A of the draft decision, including to the recipient organizations.
Authors and Affiliations
Mariana SAVU
Keywords
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