Imaginea, între dreptul civil şi dreptul de autor
The Image, between Civil Law and Copyright

Summary/Abstract: In a world of images, such as the one we live in, the image is superior to writing in its expressive and emotional value. Normally, the noun image denotes the visible aspect of an individual or of an object, more precisely the physical appearance of an individual or of some goods. Accordingly, regulations pertaining to one’s right to his own image include reference to the protection of the image not only of a natural person, but of goods as well. Whereas a natural person’s right to his own image is, on the grounds of the rights of personality, granted by law (article 73 of the new Civil Code), there are still hesitations in the Romanian jurisprudence in recognizing the right to the image of goods on the grounds of article 480 of the Civil Code (article 555 of the new Civil Code). Yet, this image is not a piece of creation; in the context in which the latter is missing, following the logic of the right to intellectual property, there is no reason for compensating the titular of the right in case with transmissible monopoly. Nevertheless, it is understandable why copyright needs clarifications in this respect.

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