Opinii cu privire la condițiile în care sunt excluse de la protecție juridică prin drept de autor fotografiile unor scrisori, acte, documente de orice fel, desene tehnice și altele asemenea
Opinions on the conditions under which photographs of letters, deeds, documents of any kind, technical drawings and the like

Summary/Abstract: Law no. 8/1996 on copyright and related rights was massively amended and supplemented by Law no. 69/2022, the legislative event being motivated by the need to transpose two directives into the Romanian legal system: Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions by broadcasters and certain retransmissions of television and radio programmes and amending Council Directive 93/83/EEC; Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC. From the multitude of amendments and supplements made to Law No 8/1996, in the proposed study we will only analyze the conditions under which the categories of objects, provided for in Article 9(g) and (h) respectively, are excluded from legal protection by copyright („photographs of letters, deeds, documents of any kind, technical drawings and the like” and „material resulting from an act of reproduction of a work of visual art the term of protection of which has expired, unless the material resulting from the act of reproduction is original in the sense that it is the author's own intellectual creation”). We have also proposed to analyze the provisions of Article 91, devoted to the conditions under which a work or other protected subject matter is outside the commercial circuit. An analysis of the provisions of Law No 69/2022 does not show that these amendments and supplements were prompted by the need to transpose the two directives, which raises the question of identifying the real reasons for the legislative approach under analysis.

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