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
GOVERNANCE AND LEGITIMACY. PAST IN PRESENT
Governance and legitimacy were two issues that generated long-standing political disputes in Europe. If legitimacy was grounded on the theory of divine rights during the Middle Ages, the idea of representation challenged...
ISSUES AND ACHIEVEMENTS REGARDING THE STRATEGY OF INCREASING THE PROCESS OF LOCAL ECONOMIC DEVELOPMENT
In the last years local development has undeniably became one of the dominant elements for productivity growth strategy employment, human welfare, entrepreneurship promotion, obtaining human capital and income increase...
THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD
Since 1919, the recognition of children's rights has begun to find an international echo, when the League of Nations ”came to life”, the name of which links to the Geneva Declaration of 1924. Adopted in 1989, by the Conv...
CONSTITUTION AND CONSTITUTIONALISM CONTEMPORARY ISSUE
In a democratic society, the judicial legitimacy of the state and its power, of its institutions, but also the social and political grounds are generated and determined by the Constitution, defined as expressively as pos...
THE POTENTIAL AND LIMITATIONS OF TRUTH AND RECONCILIATION COMMISSIONS IN GENERATING JUDICIAL AND NON-JUDICIAL EFFECTS. THE PRESIDENTIAL COMMISSION FOR THE ANALYSIS OF THE COMMUNIST DICTATORSHIP IN ROMANIA.
The transition periods that succeed totalitarian regimes are characterized by the efforts of new governments to recognize the violations of human rights that were committed in the past, to implement legitimate mechanisms...