Contribuţii la studiul regimului juridic aplicabil remuneraţiei cuvenite titularului drepturilor patrimoniale de autor în cazul cesiunii acestora
Contributions to the study of the legal regime of the remuneration due to the copyright holder in case of its cession

Summary/Abstract: The current study analyzes systematically and critically the provisions of Article 41-43 of Law no. 8/1996, concerning royalties and connected rights that refer to the remuneration entitlement of the patrimonial royalties owner, consequent to yielding their use through cession agreement. The following aspects are subject to thorough analysis: relative nullity of patrimonial royalties cession agreement determined by lack of remuneration provisions; rules regarding parties agreement, or the decision of the court on remuneration; revision of the cession agreement when there is manifest imbalance between the grantor’s remuneration and the grantee’s benefits; the court competence to solve litigation regarding grantor’s remuneration. In order to eliminate legal inadequacies, this study initiates a series of proposals de lege ferenda.

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