Ştefan Gheorghiu*

Abstract

The remuneration subject of negotiation of the methodologies which are established under the provisions of articles 164 and 165 of Law no. 8/1996 reflects the patrimonial rights of the copyright and related rights holders, i.e. in this case, of the performers and phonogram producers. Such rights are comparable to the private property rights protected by the provisions of article 44 of the Constitution of Romania, as contained also in the case‑law of the Constitutional Court, by the CCR Decision no. 571/2010 respectively.  The possibility of requesting lump‑sum payments from the broadcasting and television organizations, in addition to or alternatively to the percentage ones, represents an expression of the freedom to negotiate and to exercise the private rights in their entirety.

* Director executiv CREDIDAM.