Gheorghe Gheorghiu*

Abstract
The analysis of the counterfeiting of musical works reveals, on the one hand, the complexity of the operation of understanding the notions that configure the general framework of copyright, with the current legislative, jurisprudential, and doctrinal changes in the definition of the notions of work, originality, exceptions and limitations, counterfeiting, and on the other hand, the difficulty of establishing counterfeiting in the case of musical works, considering the new requirements imposed by the CJEU decision in case C 476/17, Pelham vs. Hutter, in comparison with the American theory of „fair use”, but also with the contemporary evolution regarding the new technical and informational means used in the creation of musical works, which will lead to the reconceptualization of the notion of counterfeiting in order not to hinder the freedom of creation and expression.

* Conf. univ. Dr. la Universitatea „VALAHIA” din Târgoviște, Facultatea de Drept, avocat Baroul București, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..