Specific regulations for private copying:

• ORDA Decision no. 61/ 2009 (valid for devices/media manufactured or introduced in Romania during May 16th 2009 – present)
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• Law no. 329/ 2006 (valid for devices/media manufactured or introduced in Romania during August 2006 – May 15th 2009)
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• ORDA Decision no. 107/ 2005 (valid for devices/media manufactured or introduced in Romania during June 2005 – July 2006)

Other documents:

• 2005 ORDA Decision no. 156/ 2005 UPFR sole collector CP
• 2005 Protocole May 2005
• 2009 ORDA Decision no. 86/ 2009 UPFR sole collector CP
• 2009 Protocole May 2009

Register with the Romanian Copyright Office (ORDA) in the National Register of the Private Copy

According to art. Art. 114 par. 3 of the Law no. 8/1996, with the subsequent modifications and completions: Importers and manufacturers of supports and appliances, stipulated in art. 36 par. (2) shall be obliged to register with the Romanian Copyright Office in the National Register of the Private Copy and may carry out the respective import or production activities only after obtaining the registration certificate from the Romanian Copyright Office. This certificate is issued by the Romanian Copyright Office on the basis of the evidence of the legally registered object of activity and of the Single Registration Certificate with the Trade Register, within 5 days of their submission.

As of May 16th, 2009 (download Model 3 list):

Televisions and digital videocassette recorders with HDD or incorporated storing media, audio/video players with storing media, MP3 players, MP4 players, IPOD media player that accepts the following formats: IMOD and any other version subsequently developed, tablets without 3G

Minidisk recorder

CD recorder, HI FI equipment that works independently

DVD recorder, HI FI equipment that works independently

CD writer incorporated in a computer

DVD writer incorporated in a computer

External Hard drive, including with audio video entry and/or exit port, regardless of its brand

Hard disk incorporated in a computer

Memory sticks

Phones with sound or audiovisual reproduction capability, respectively MP3, MP4, AAC, WMA, WAV, Real etc. (e.g.: Iphone), with the ability to store more than 64 Mb, Tablets with 3G

Memory cards (other than those for phones)

Blu-ray Disc

HD DVD Disc

Audio tapes

Minidisk

VHS, Super VHS tapes (except tapes for mobile video cameras, such as D-VHS, HD video tapes)

Memory cards for phones

For the type of devices and storage media within the scope of private copying in the previous years, consult the Methodology available during 2005-2009 for Private Copy or tables Model 1 and Model 2.

1. Fill out the Private copy contributor Form

2. Send the Private copy contributor Form together with a copy for the Registration certificate at the Trade Register Office to UPFR, Private Copying Department, 6E Dimitrie Pompeiu Bvd., Bucharest, in the attention of the Department Consultant.

3. Fill out and send the monthly report (Model 3 valid as of 16.05.2009) signed and stamped, to the Private copying Department Consultant, before the 10th of the next month, through postal services, fax or email.

4. The Consultant checks the data declared into the monthly report, being authorized to ask for the documents used for compilation.

5. You will receive the Invoice issued based on the monthly Private copying report and sent by e-mail/fast delivery services.

6. Pay the levy specified on the Invoice. The payment can be performed in the UPFR account – IBAN RO65RNCB0070153249250002, opened at BCR Pipera. The payment shall be met by the 15th of the following month for which is due. If this date is exceeded, delay penalties shall be calculated (Art. 5 and 7 from the Protocol of 05.05.2005 published in the Official Gazette no. 516 of 17.06.2005 and the Protocol of 10.05.2009 published in the Official Gazette No. 316 of 13.05.2009).

Specification:

The compensating remuneration for private copying is applied as of June 2005 until present, with regard to devices and storage media specified in the ORDA Decision no. 107/2005 and ORDA Decision no. 61/2009. This fact implies the retroactive reporting and payment starting with the commencing date of the activity that falls within the scope of private copying, if you did not fulfil this legal obligation at the respective time.

Download:

• Private Copy Contributor Form
• Monthly report – Model 3 (valid as of 16.05.2009 until present)
• Monthly report – Model 2 (valid for activities performed during 08.2006-15.05.2009)
• Monthly report – Model 1 (valid for activities performed during 06.2005-07.2006)

Your legal obligations:

• Report to UPFR on a monthly basis the manufacturing/importing activity of devices and media storage on Romania’s territory, that fall under the scope of private copying, until the 10th of the following month.
• Offer to UPFR the documents based on which the monthly report was compiled, if requested.
• Pay the remuneration specified in the monthly invoice until the 15th of the following month for which is due

If you are covered by this legal provision, you are required to pay to UPFR the compensatory remuneration for all appliances and supports manufactured or introduced in Romania from June 2005 to date, which are nominated in the lists published in the ORDA Decision no. 107/2005 and the ORDA Decision no. 61/2009.

UPFR calculates your pay according to methodology in effect and your statement.

The remuneration is calculated by applying the specific percentage to CIF (acquisition value of the appliance / support before any customs tariff is applied, if applicable). The percentages applied vary between 0.5 and 3%, depending on the type of device / support (for the period 2005-2009, the percentages differ, for some devices / media, over 3%).

To view the percentages applied for each device / support, download the tables:

• Model 1 (valid for appliances / media produced or introduced in Romania between June 2005 and July 2006)
• Model 2 (valid for appliances / media produced or introduced in Romania between August 2006 – 15 May 2009)
• Model 3 valid for appliances / media produced or introduced in Romania from 16 May 2009 until present)