Legislation

8 September 20173 March 2023 UPFR 1083 Views 7 min read

The Union of Phonogram Producers in Romania (UPFR) operates by virtue of Law no. 8/ 1996, with its subsequent amendments and addenda, as a collecting society for the rights related to copyright owed by recording companies in Romania.

UPFR is the collecting society appointed by the Romanian Copyright Office (ORDA) decisions to collect the compensating remunerations owed to music producers and afferent to the music used in public performance, Radio and TV broadcasting.

Moreover, UPFR is the collecting society appointed by the Romanian Copyright Office (ORDA) as a sole collector for the levy (compensatory remuneration) afferent to the private copying of audiovisual works.

General legal system

Law no. 8/1996 (Law on copyright and related rights), with the subsequent amendments and addenda. Act in force. View

Specific regulations for Public Performance

Methodology for collecting remuneration – ORDA Decision No. 35/2023. The act includes user categories and remuneration values for broadcasting music and lucrative purposes. View
Methodology for collecting remuneration – ORDA Decision No. 32/2023, ref. dubbing. View
Methodology for collecting remuneration – ORDA Decision No. 31/2023. The act includes user categories and remuneration values for broadcasting music. View
Methodology for collecting remuneration – ORDA Decision No. 149/15.02.2022. The act includes user categories and remuneration values for broadcasting music and lucrative purposes. View
Methodology for collecting remuneration – ORDA Decision Nr. 120/ 2016, published in the Official Gazette no. 952/ 25.11.2016. The act includes user categories and remuneration values for broadcasting music and lucrative purposes. View
Methodology for collecting remuneration – ORDA Decision Nr. 10/ 2016, published in the Official Gazette no. 146/ 25.02.2016. The act includes user categories and remuneration values for broadcasting music and lucrative purposes. View
Methodology for collecting remuneration – ORDA Decision Nr. 99/ 2015, published in the Official Gazette no. 778/ 19.10.2015. The act includes user categories and remuneration values for broadcasting music and lucrative purposes. View
Methodology for collecting remuneration – ORDA Decision Nr. 189/2013, published in the Official Gazette no. 788 / 16.12.2013. The act includes user categories and remuneration values for broadcasting music and lucrative purposes. View
Methodology for collecting remuneration – ORDA Decision Nr. 399/2006, published in the Official Gazette no. 982 / 08.12.2006. The act includes user categories and remuneration values for broadcasting music and lucrative purposes. View
Phonogram Reproduction Methodology – ORDA Decision Nr. 192/2007, published in the Official Gazette no. 382 / 06.06.2007. View
ORDA decision no. 113/2006 on the designation of UPFR as a collector of remuneration for phonogram producers for the public communication of phonograms. View

Specific regulations for the radiobroadcast of music with a commercial scope by radio bodies

ORDA Decision no. 174/2013 – regarding the publication in the Official Gazette of Romania, Part I, of the Protocol concluded on August 21, 2013 between the collective funds management bodies of the Union of Romanian Producers of Phonograms (UPFR) and the Association for the Rights of Fonograms Producers in Romania (ADPFR) on the criteria for allocating fair remuneration for the broadcasting of phonograms of trade, phonograms published for commercial purposes or reproductions thereof by broadcasters to the ADPFR collecting society for the phonogram producers it represents, as well as the collection fee due to the UPFR collector management body for the 2013-2014. View
ORDA Decision no. 12/2012 – concerning the designation of the Collective Management Union of the Union of the Producers of Fonograms in Romania (UPFR) as the collector of remuneration for producers of phonograms for the broadcasting of phonograms of trade and those published for commercial purposes or reproductions thereof by the broadcasting organizations, published in the Official Gazette, no. 119 / 16.02I.2012. View
Methodology valid on July 5, 2011 – Methodology on remuneration due to performers and producers of phonograms for the broadcasting of commercial phonograms and those published for commercial purposes or their reproductions by broadcasters. – ORDA Decision no 216/2011, published in the Official Gazette, Part I, no. 470 / 5.VII.2011 View
Methodology in force as of 01.10.2010 – Methodology regarding remuneration due to performers and producers of phonograms for the broadcasting of phonograms published for commercial purposes or their reproductions by the broadcasting organizations – ORDA Decision no. 284/2010, published in the Official Gazette no. 668 / 30.09.2010. View
Methodology valid until 30.09.2010 – Methodology regarding remuneration due to performers and producers of phonograms for the broadcasting of phonograms published for commercial purposes or reproductions thereof by broadcasting organizations – ORDA Decision no. 74/2006, published in the Official Gazette no. 382 / 04.05.2006 according to CAB Civil Decision no.23A / 05.02.2007 View

Specific regulations for television stations for broadcasting music with a commercial scope

ORDA Decision No.154 of 21 September 2012 on the designation of the Managing Authority of the Union of the Producers of Phonograms in Romania (UPFR) as the collector of the remuneration owed to producers of phonograms for the broadcasting of phonograms of trade or their reproductions by television bodies, through mandatory collective management. View
TV methodology in force – Methodology of remuneration for performers and producers of phonograms for the broadcasting of phonograms published for commercial purposes or reproductions thereof by broadcasters and by television under mandatory collective management – ORDA Decision Nr. 133/2012, published in the Official Gazette no. 520 / 26.07.2012, as amended by Decision C.A.B no.83 / 2013 (not yet published) View
TV methodology valid until July 2012 – Methodology of remuneration for performers and producers of phonograms for the broadcasting of phonograms published for commercial purposes or reproductions thereof by broadcasters and television companies through compulsory collective management – ORDA Decision no. 104/2005, published in the Official Gazette no. 386 / 06.05.2005 according to the CAB Civil Decision No.115A / 02.05.2007 View

Specific regulations for cable retransmission

Romanian Copyright Office (ORDA) Decision no. 327/ 2010 regarding the final form of the Methodology regarding the establishment of fees owed to copyright and related rights holders for cable retransmission, published in the Official Gazette no. 861/22.12.2010, in accordance with CAB Civil Decision no. 263 A of 16.11.2010. View

UPFR collects through other MLCs designated as collectors, as follows:

the remuneration due to the holders that it represents from the video cable transmission through the video cable source collector – UPFAR-ARGOA;

Specific regulations for private copying

ORDA Decision no. 173/2013 – Publication in the Official Gazette of Romania, Part I, of the Protocol on the criteria for allocating the amounts due to ADPFR representing compensatory remuneration for the private copy for the works reproduced after sound recordings for the period 2013-2014
ORDA Decision no. 61/ 2009 (valid for devices/media manufactured or introduced in Romania during May 16th 2009 – present)
Law no. 329/ 2006 (valid for devices/media manufactured or introduced in Romania during August 2006 – May 15th 2009)
ORDA Decision no. 107/ 2005 (valid for devices/media manufactured or introduced in Romania during June 2005 – July 2006)

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