Public Performance License

The license for Public performance with background use is issued by UPFR and is granted to business users, for each activity and work site where recorded music and music videos are played in public. The license is not transferable. You can choose for a validity period of license up to one year, with the possibility to extend it.

Attention

From April 4, 2022, the previous penalty from the Methodologies below no longer applies, but a penalty equal to the legal interest. The level of the delay penalty provided by the methodologies was modified by art. 165 para. 91 of Law no. 8/1996 on copyright and related rights, amended by Law no. 69/2022, in force from 04.04.2022. UPFR mentions that the article in all contracts in force after April 4, 2022 that refers to penalties, is assumed to have been modified by UPFR, in the sense of calculating any penalty after this date with the application of legal interest.

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License Details

The license issued by UPFR for using music as background in public is specific to business users that play music in order to create a pleasant background for customers, and thus enhances their business. The license grants you the right to play music into spaces for public and which are stated on the license.

According to ORDA Decision No. 113/2006, UPFR is designated as the collector of remuneration due to producers of phonograms for the public communication of phonograms.

If you use music in public then you are legally bound to apply for a license issued by UPFR, which is the collecting society for the rights related to music producers.For further information please read the ORDA decisions below.

General legal system

Law No. 8/ 1996 (Copyright Law and Copyright Related Rights), amended and suplemented by Law No. 69/2022.

Useful information

CAREFUL!!! From April 4, 2022, the previous penalty from the Methodologies below no longer applies, but a penalty equal to the legal interest. The level of the delay penalty provided by the methodologies was modified by art. 165 para. 91 of Law no. 8/1996 on copyright and related rights, amended by Law no. 69/2022, in force from 04.04.2022.

Methodology in effect for public performance purpose

Methodology for collecting remuneration – ORDA Decision no. 35/2023, published in the Official Gazette no. 133/16.02.2023 Act in effect. View/Download

Methodology for collecting remuneration – ORDA Decision no. 6/2022, published in the Official Gazette no. 149/15.02.2022. Act in effect. View/Download

Methodology for collecting remuneration – ORDA Decision no 60/2019., published in the Official Gazette no. 467/10.06.2019. Act in effect. View/Download

Methodology for collecting remuneration – ORDA Decision no. 120/2016, published in the Official Gazette no. 784A / 26.10.2016. Act in effect. View/Download

Methodology for collecting remuneration – ORDA Decision no. 23/2016, published in the Official Gazette Part I no. 228 / 03.28.2016. Act in effect. View/Download

Methodology for collecting remuneration – ORDA Decision no. 10/2016, published in the Official Gazette no. 146 / 25.02,2016. The act includes user categories and remuneration values ​​for broadcasting music for aficionado and lucrative purposes. Act in force. View/Download

Methodology for collecting remuneration – ORDA Decision no. 99/2015, published in the Official Gazette no. 778 / 19.10.2015. The act includes user categories and remuneration values ​​for broadcasting music for aficionados. Act in effect. View/Download

Methodology for collecting remuneration – ORDA Decision no. 189/2013, published in the Official Gazette no. 788 / 16.12.2013. The act includes user categories and remuneration values ​​for broadcasting music for aficionado and lucrative purposes. Act in effect. View/Download

Phonogram Reproduction Methodology – ORDA Decision no. 192/2007, published in the Official Gazette no. 382 / 06.06.2007. Act in force. View/Download

ORDA decision no. 113/2006 on the designation of UPFR as a collector of remuneration for phonogram producers for the public communication of phonograms. Act in effect. View/Download

The license for Public performance with background use can be requested for:

1. Restaurants, bars, coffee shops, tea houses, beer houses, fast food restaurants, rotisseries, pizza restaurants, shawarma stalls, wine cellars, confectioneries, games halls, ballrooms, weeding rooms;

2. Bars with a program, night clubs (without a dancing floor for the public)

3. Commercial or service provider units, showrooms, supermarkets, hypermarkets, private medical practices, dental practices, beauty salons and other similar;

4. Fairs and expositions

5. Advertising with cars, stands, banners, screens, fixed/inflatable mockups, trucks, etc (fitted or accompanied by acoustic equipment)

6. Diverse shows (for the music played before, during and after the show)

7. Accommodation establishments (hostel, motel, hotel, camps, holiday settlement, camping area)

8. Transport means (road passenger transport means, bus stations and the afferent waiting areas, railway passenger transport means, train stations, metro stations and the afferent waiting areas, air passenger transport means, airports and the afferent waiting areas, recreation boats, tramways)

9. Parking areas and cinemas

10. Sport and leisure – stadiums, sports complex, pools, public pools, seaside, beaches, sky slopes and skating rings, schools and halls in this domain (for dancing, ballet, aerobic gymnastics, fitness, massage, treatments)

11. Offices and production spaces

12. Telecommunications

The list of users and the fees are extracted from the ORDA Decision 35/2023, ORDA Decision 6/2022, ORDA Decision 60/2019, ORDA Decision 120/2016, ORDA Decision 23/2016 , ORDA Decision no. 10/2016, ORDA Decision no. 99/2015, ORDA Decision no. 189/2013, ORDA Decision no. 399/2006 regarding the public performance of phonograms published with a commercial scope, published in the Official Gazette no. 778/2015, no. 189/ 2013 and no . 982/2006 of the Romanian Copyright Office.

If you are aware of non-compliant users, please respectfully inform us and UPFR will take the necessary action.

The required steps:

1. Fill out the Agreement (download The agreement and the Annexes) and read the Instructions for filling out the agreement.

2. Send the Agreement signed and stamped in 2 copies to the Public Performance Department (Union of Phonogram Producers in Romania, 6E Dimitrie Pompeiu Blvd.,  Bucharest) or to the inspector that is responsible for your county. You will receive a copy of the agreement signed and stamped by UPFR.

3. You will receive a payment notification letter issued according to the data filled out on the statement or agreement.

4. Pay the remuneration specified in the Payment notification letter.

The payment shall be done in 5 days since receiving the Payment notification:

1. Through the OP in the UPFR account – IBAN RO92RNCB0070153249250001, opened at BCR, Pipera Branch, in UPFR-IBAN account RO59BTRL04801205551670XX opened at Banca Transilvania 1 Mai Branch (do not forget to specify on the OP number and Payment Notification)

2. By depositing cash at any branch of BCR or BT on UPFR accounts specified above (do not forget to specify the series and the Notification of Payout number)

3. Cash payment at UPFR headquarters in Bucharest, 6D Dimitrie Pompeiu Boulevard, Pipera Business Tower

4. Cash payment to the UPFR Inspectors – in the counties where we have Inspectors who have receipts; you will receive a receipt from the Inspector at the time of payment.

5. You will receive an original License. UPFR issues or extends the non-exclusive license starting with the payment date. UPFR issues the license only after completing the payment mentioned at step 4. (If you wish to extend your license, you should request this 5 days prior to the expiry date.)

Attention!

If you pay according to item 4 above and you do not receive the receipt or if you have not received your tax invoice, please contact us by phone at 021.222.20.45/6/7/8, fax 021.222.20.43 or email ambiental@upfr.ro.

The value of the fee depends on the type of activity in which the music is used, of the rural/urban area of the work site and other criteria. The VAT in force on the date of the payment shall be added to the mentioned fees. Open the attached document for each type of activity and consult the fees.

To support you, the Romanian Fonograms Union has combined all the Methodologies currently applied to users who have public communication activities. For more details click here.

The remunerations afferent to the UPFR license are established through the ORDA Decision 35/2023, ORDA Decision 6/2022, ORDA Decision 120/2016, ORDA Decision 23/2016ORDA Decision no. 10/2016, ORDA Decision no. 99/2015, ORDA Decision no. 189/2013 regarding the public performance of phonograms published with a commercial scope, published in the Official Gazette no. 778 2015, no. 189 2013, of the Romanian Copyright Office.

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