Edmond Gabriel Olteanu*

Abstract

After about 50 years since the construction and placement, in time, of 151 crosses in the Cemetery of Săpânţa, the Romanian courts recognize copyright over them for the heirs of the one who made and sold them. The solution was based on the qualification of the contracts for the sale of crosses as a contracts for works protected by copyright. The paper tries to identify and solve some legal issues in this case: the application of the law specific to the administration of cemeteries, the relationship between the owner of the cross and the copyright holder, the relationship between the owner / administrator of the cemetery and the copyright holder and the right to image of the cross, protected by copyright, located in the public space.

* Profesor universitar dr., Universitatea de Stat din Craiova, Facultatea de Drept, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..

 

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