Andreea Livădariu*

Abstract

Is copyright a property right? A personality right? A sui generis right?

Establishing the legal nature of copyright is an issue which has aroused and continues to arouse a number of controversies in the literature, showing on the one hand fierce debates in doctrine and, on the other hand, different legislative establishments from country to country, all reflecting counter visions on what it is or should be copyright in its legal essence.

Here it is my plea for defining the copyright as a personality right.

 

* Doctorand, Facultatea de Drept a Universității Nicolae Titulescu din București; avocat colaborator în cadrul SCPA Roș și Asociații (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Ciprian Raul Romițan*

Abstract

Copyright and its legal protection have become the subject of legislative consideration only very late, mainly due to the absence of the technical means for multiplication, communication and dissemination of literary and artistic works. Because it was not possible to multiply the manuscripts of intellectual creations, they were being copied by hand, which was cumbersome and costly at the same time.

The study provides an analysis of copyright protection in the Antiquity, the Middle Ages and the Renaissance periods, as well as the first forms of protection after the invention of the printing press by Gutenberg.

 

* Doctor în drept, avocat asociat în cadrul SPCA „Roș și asociații”, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.. La elaborarea acestui studiu am folosit și texte scrise de mine și publicate anterior în lucrări ale mele apărute la editurile Universul Juridic și All Bech, precum și în Revista română de dreptul proprietății intelectuale, în perioada 2005-2014. Așa cum se va observa și pe parcursul prezentului studiu, elaborat cu prilejul împlinirii a 575 de ani de la înființarea tiparului, textele vechi au fost revizuite, modificate și completate după o laborioasă documentare ce s-a efectuat pe parcursul a 3 ani.

 

Viorel Roș*

Abstract

The concepts of "rights related to copyright" or "neighboring rights of copyright" are the new institutions of intellectual property law, being established in the international conventions only in 1961.

In the Romanian law, the related rights are regulated by Law No. 8/1996 on copyright and related rights. This provision is inspired by the International Convention on the Protection of Performers, Phonograms Producers and Broadcasting Organizations, signed in Rome on 26 October 1961 and the Convention for the Protection of Phonograms Producers against Unauthorised Duplication of their Phonograms, concluded in Geneva on 29 October 1971.

 

* Profesor universitar dr., Avocat coordonator SCPA „Roș și asociații”, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Viorel Roș*

Abstract

The concepts of "rights related to copyright" or "neighboring rights of copyright" are the new institutions of intellectual property law, being established in the international conventions only in 1961.

In the Romanian law, the related rights are regulated by Law No. 8/1996 on copyright and related rights. This provision is inspired by the International Convention on the Protection of Performers, Phonograms Producers and Broadcasting Organizations, signed in Rome on 26 October 1961 and the Convention for the Protection of Phonograms Producers against Unauthorised Duplication of their Phonograms, concluded in Geneva on 29 October 1971.

 

* Profesor universitar dr., Avocat coordonator SCPA „Roș și asociații”, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Viorel Roș*

Abstract

Copyright shaped in its beginnings, in its pure form, no longer exists. What is certain is that it was the first system of copyright protection and that if this system has not become formal, he influenced, in a subtle way, the continental and the Berne Convention system of protection, being able to believe that this system no longer exists in its pure form, in the present, the two systems are quite similar that we could no longer speak of antagonism between them.

Nowadays, the term "copyright" almost became generalized for the rights of authors, the statement of reserve we meet on all the works, and the establishment of the legal deposit is no longer provided as a condition for the protection of works, but rather a means of informing about the editorial publications, of enrichment of the national library book fund and of evidence required in any state and world for publications.

 

* Profesor universitar dr., avocat coordonator al SCPA „Roș și asociații”, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

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