Music enhances the business when used as background (restaurants, hotels, supermarkets, waiting rooms, etc.) or it represents the very resource for business, as for radio or television, clubs, shows. Imagine a restaurant without the pleasant and welcoming effect of music!
Requesting a license from the Union of Phonogram Producers in Romania is legally mandatory for those societies using ambient music or using music as main resource in business. Law no. 8/ 1996, with its subsequent amendments and addenda, regulates the copyright and related rights of the authors, performers and recording companies on regard to the usage of created and registered phonograms. UPFR is a body appointed by the Romanian Copyright Office (ORDA) Decision to license the usage of music and to collect the remunerations owed in the collective name of the music producers.
Authorisation for playing music in public, broadcasting or streaming granted by UPFR license implies the users to pay a fee, at the values established through the methodologies in force. The validity of the UPFR license for the non-exclusive use of music is 3/6/12 months, depending on the option expressed by the user and on the type of license.
UPFR license types:
- Public performance and dubbing Licenses
- License for Public performance with background use
- License for Public performance with lucrative use
- License for dubbing*
- Radio broadcasting License
- TV broadcasting License
- Internet License
- Cable retransmission License
In addition, UPFR is the sole collecting society for Private copy levy.
Within the meaning of the present law, an sound recording or phonogram is considered to be the recording of the sounds belonging to an interpretation or performance or of other sounds or the digital performance of these sounds, other than a recording incorporated in a movie or other audiovisual work (Law no. 8/ 1996, Art. 103, paragraph 1)
“The producer of audio records is the natural or legal person that takes the initiative and assumes responsibility over the organization and financing of the first sound recording, regardless if it represents a work within the meaning of the present law “(Law No. 8/ 1996, Art. 103, par. 2)
“Within the meaning of the present law, a audio-video recording or videogram is considered to be the playing of an audiovisual work or image sequences in motion, accompanied or not by sound, regardless of the method and media used for the recording.” (Law no. 8/ 1996, Art. 106 index 1, par. 1)
“The producer of an audiovisual recording is the natural or legal person that takes initiative and assumes responsibility over the organization and financing of an audiovisual work recording or image sequences in motion, accompanied or not by sound, and in this capacity it supplies the necessary technical and financial means.” (Law No. 8/ 1996, Art. 106 index 1, par. 2)
*”Dubbing” is the technical term for duplication of audio or video materials.