Matei Dănilă*

 

Abstract

Law no. 8/1996 on Copyright and Related Rights governing copyright content, providing the fact that the author of the work has certain moral rights, meant to assure him/her of a special protection. Consequently, any change occurring in the structure of a work, without the author’s consent, represents a violation of his/her personality. 

It is recognized the fact that the author of a book can not ignore the books in the same field previously published, but there has been set up the legal obligation that taking some passages has to be done following the rules of citation and the work must original in the meaning that his/her work represents a genuine creation of the one that claims to be the author, and not a mere copy of a previous work.

There is no plagiarism if the work, out of which there is supposed to have been taken without indicating the source, is not protected by copyright; also, there is no plagiarism in cases of commonly known truths reproductions.

Given these perspectives, the article examines the relationship that exists between the (intellectual) creation and the intellectual property right, provides a brief insight into the legal nature and the content of the copyright and reviews aspects of interest and impediments to the definition of plagiarism. 

Another part of the work is dedicated to the right of citation and the condition regarding the originality of the work, analyzed from the perspective of the concept of plagiarism. 

Finally, the final part is dedicated to the  analysis of the self plagiarism and the protection of the ideas, the pleadings and the preaches against plagiarism.

 

* Doctorand în cadrul Facultăţii de Drept a Universităţii Nicolae Titulescu, avocat Baroul București, E-mail: Această adresă de email este protejată contra spambots. Trebuie să activați JavaScript pentru a o vedea.

 

 

 

Florea Bujorel*

Abstract:

This study provides a critical review of the amendments introduced by Law No 187/2012 on the application of Law No 286/2009 on the Criminal Code to the offences referred to in Article 143 of law No 8/1996 on copyright and related rights.

The analysis highlights and examines both the amendments of the offences referred to in Article 143(2) of Law No 8/1996, and the common and specific characteristics of all the offences included in the legal text in question.

In the study, the author presents and reviews the pool of ideas of prestigious authors in the field. At the same time, the investigation of offences remains connected to other legal rules of the special law, which are related to the topic under review, in order to endow the ideas and the terms with the accuracy that is essential for any kind of progress in the study of the law.

The work does not hesitate to examine the constituents of the offence from the perspective of the relevant rules set out in the generic part of the new Criminal Code.

* Conf. univ. dr. la Facultatea de Drept și Administrație Publică București a Universității „Spiru Haret”; Avocat Baroul București. E-mail:Această adresă de email este protejată contra spambots. Trebuie să activați JavaScript pentru a o vedea.

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