Internet license

Details

Under Law no. 8/1996 amended and supplemented by ORDA Decision no. 232/2011 published in Official Gazette on 29 September 2011 The Union of Phonogram Producers in Romania (UPFR) issues non-exclusive license for public communication of phonograms of trade through online or through mobile services.

The Union of Phonogram Producers in Romania (UPFR) issues licenses for the following activities:

a) online radio,
b) online tv
c) sites with background music.

Nonexclusive license issued by UPFR is non transferable and is granted for a period of three years, and at the express request of the user, for a shorter period for each site that uses online phonograms of commerce.

Obligation to apply for license, rest on users behalf with  at least 10 days before
conducting public communication through online services and mobile commerce phonograms.

Definitions:

It is called “user” for the purposes of this methodology, any person or entity that communicates phonograms of trade to public through online and mobile services and is responsible for the content of the web page.

Types of users

a) Radios online simulcast type (transmission / retransmission online simultaneous broadcasting) and webcast (transmission / retransmission exclusively online or mobile)
b) online television simulcast type (transmission / retransmission online simultaneous broadcasting) and webcast
(transmission / retransmission exclusively online or mobile)
c) Sites with background music

All these categories of users are legally required to obtain a license from the UPFR for public communication of phonograms of commerce through online or mobile services.

Fee value

Nonexclusive license for public communication of phonograms of commerce through online or mobile services is non transferable and shall be issued for a period of three years, and at the express request of the user, for a shorter period.

Remuneration value is different depending on whether onerous/Free activity, as follows:

  1. For public communication of phonograms of commerce consisting in their audition  by the public, without generating revenue for the user, the payable remuneration to UPFR is calculated based on the number of phonograms used:
    1. Between 1-20 phonogram remuneration is 5 lei/month,
    2. Between 21 to 200 phonograms, remuneration is 7 lei/month
    3. Between 201 to 1000, the remuneration is 10 lei/month
    4. Over 1000 phonogram, the remuneration is 20 lei/month.

In case of users that offers for listening (streaming) over 200 musical works, at each tranche of 300.000 monthly listenings, adds one equivalent remuneration set out above.

  1. For public communication of phonograms of commerce, consisting in their audition by the public, with generating revenue for the user, UPFR remuneration payable is calculated based on the number of phonograms used monthly, taking into account the number of listening per month:

 

No. of monthly listenings
No. of phonograms used monthly < 300.000 300.001-600.000 600.001- 1.000.000 > 1.000.001
1-500 50 lei 100 lei 150 lei 200 lei
501-1000 75 lei 150 lei 225 le 300 lei
> 1000 100 lei 200 lei 300 le 400 lei

 

  1. For use as background music of no more then 3 phonograms of commerce, the remuneration due to UPFR is 4 lei/month, regardless of the number of hits on the website.

If using a larger number of commercial phonograms, users due the remuneration referred to in paragraph 1.

Remunerations mentioned above are due for each site. Remuneration shall be paid by the 25th of the month following the month for which they are due; for payment delays, users owe penalties of 0.15% for each day of delay.

The user must communicate monthly, by an official address, to UPFR, until the 20th of each month for the previous month, the following informations:

  • total number of commercial phonograms posted on the site or communicated to the public through mobile services, in a calendar month, title, artist, and the number of listenings/phonogram and the type of use
  • number of public communication (listenings)/month.

How to apply for this license

  1. Fill out the License Request. (download the form).
  2. Send the License Request, signed and stamped, one copy together with internet domain reservation proof, tax certificate, unique registration code (CUI)/ID card copy) to UPFR, Radio-TV Online Department, 6E Dimitrie Pomepiu Blvd., Bucharest.
  3. You will recieve two signed and stamped copys of the License, issued by UPFR, after the receving of documents the users will send back to UPFR a singed and stamp copy;
  4. Send periodic reports and pay the remuneration specified by the Methodology in force.

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The user’s obligations:

  • Request, with at least 10 days before the start of public communication through online services and mobile commerce phonograms, the nonexclusive license for public communication of phonograms of trade through online or through the mobile services;
  • To pay the remuneration afferent to the license, based on the invoices issued by UPFR according to the information sent by you on regard to the use.

Methodology in effect

Effective methodology for determining the remuneration due to holders of related rights for public communication of phonograms of commerce via online services or mobile services.

ORDA Decizion no.232/2011 of 05/08/2011 Published in the Official Gazette, Part I no. 691 of 29/09/2011. View/Download

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