TV Broadcasting License
According to the ORDA Decision no. 154/2012, the U.P.F.R is named the collector of the remuneration due to the producers of phonograms for the broadcasting by the television bodies of the phonograms.
Attention
In order to use the music in accordance with the law, you must obtain licenses from the collecting societies which manage the rights of composers as well as performers and phonograms and videograms producers, in accordance with Law 8/1996 and with the regulations of ORDA.
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License Details
According to the ORDA Decision no. 154/2012, the U.P.F.R is named the collector of the remuneration due to the producers of phonograms for the broadcasting by the television bodies of the phonograms.
For the direct or indirect use of registered music for TV broadcasting, the TV stations have the legal obligation to pay remuneration to the Union of Phonogram Producers in Romania, respectively to request and to obtain the non-exclusive license to broadcast phonograms/ videograms published with a commercial scope or their reproductions.
The users are bound to request the license before starting to broadcast.
The UPFR license is valid for 1 year with the possibility of automatic extension, under the conditions:
- – in which neither party sends a Termination Notice;
- – the payment of the remuneration provided by the Methodology in force.
Attention!!!
1. Art. 6 of the Methodology indicated above no longer applies, the remuneration being exclusively percentage in relation to the provisions of art. III paragraph 4 of Law no. 69/2022 for the amendment and completion of Law no. 8/1996 and of art. 164 para. 2 of Law no. 8/1996 Rep. regarding copyright and related rights.
2. 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.
Also, the UPFR mentions that all authorizations in force after April 4, 2022 will have the articles regarding the minimums repealed, the remuneration being exclusively percentage in relation to the provisions of art. III paragraph 4 of Law no. 69/2022 for the amendment and completion of Law no. 8/1996 and of art. 164 para. 2 of Law no. 8/1996 Rep. regarding copyright and related rights.
Attention:
For online broadcasting services (through computer networks or the Internet) you must obtain another license: Non-exclusive license for the making available phonograms through the Internet, from the Internet license category (click here).
Documents
General legal system
Law No. 8/ 1996 (Copyright Law and Copyright Related Rights), amended and suplemented by Law No. 69/2022
Useful information
Methodology regarding the remuneration owed to music interpreters or performers and music producers for broadcasting the music published with a commercial scope or its reproduction by the radio broadcasting bodies or televisions, through a mandatory collecting society – ORDA decision no.133/2012, published in the Official Gazette no. 520/26.07.2012, as amended by C.A.B Decision no.83/2013.
ATTENTION!!!
1. Art. 6 of the Methodology indicated above no longer applies, the remuneration being exclusively percentage in relation to the provisions of art. III paragraph 4 of Law no. 69/2022 for the amendment and completion of Law no. 8/1996 and of art. 164 para. 2 of Law no. 8/1996 Rep. regarding copyright and related rights.
2. 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.
TV methodology valid until July 2012
Methodology on the remuneration of performers and producers of phonograms for the broadcasting of phonograms published for commercial purposes or reproductions thereof by broadcasters and by television under compulsory collective management – ORDA Decision no. 104/2005, published in the Official Gazette no. 386 / 06.05.2005 modified by C.A.B Decision No. 115A/02.05.2007.
1. Fill out the Request for license (download the Form).
2. Send the signed and stamped request , a copy of the documents listed in the Request (proof of the user s legal personality – Unique Registration Code; Radiobroadcast License issued by the National Audiovisual Council – CNA; the decision for audiovisual authorization from CNA; extract from the statute of the user that evinces the activity class; Radiobroadcast License issued by ANCOM – National Telecommunication Regulatory Authority) to UPFR, Radio-TV Department, 6E Dimitrie Pompeiu Blvd, Pipera Business Tower, 11th Floor, Bucharest.
3. You will receive two originals of the License signed and stamped by UPFR, after the receiving of documents the users will send back to UPFR a signed and stamped copy;
4. Send the reports on a periodical basis, respectively pay the remuneration at the terms established in the methodology and the license terms.
Download:
The user’s legal obligation:
– Request the non-exclusive license for broadcasting music published with a commercial scope and its reproductions before commencing the broadcast.
– Submit the playlist (download the excel form) on a monthly basis, together with an official letter that certifies its validity, within the 25th of the consecutive month.
Submit the playlist HERE.
– Submit monthly the calculation basis (total gross income).
– Submit monthly the share of total airtime music.
The amount of the remuneration for the television station is determined according to the Methodology in force, published by ORDA Decision no. 133/2012, published in the Official Gazette no. 520/26.07.2012, as amended by Decision C.A.B no.83 / 2013.
The remuneration due to the phonogram producers is calculated by applying a weighted 1% to the total gross monthly income from the broadcasting activity (advertising and barter). In the absence of revenue, the percentage of 1% will apply to all the expenses incurred by the use.
Remuneration is paid quarterly, until the 26th of the first month following the quarter for which it is due, based on the tax invoices issued by UPFR according to the information submitted by you. For late payment, penalties equivalent to the reference interest of the National Bank of Romania, related to the unpaid amounts, calculated per day of delay, are applied.
The following documents must be sent to UPFR monthly, until the 25th of the quarters following month:
The playlist – the complete list in electronic format (excel, table) of the broadcasted phonograms, accompanied by an official address to certify the playlists validity – download the form.
The calculation basis (the total gross monthly income).
The music usage average in proportion with the total air time.
Each semester, UPFR shall request the Analytical balance and the Account balance in order to check the data of the remuneration calculation, according to the law and methodology.