2. Reproducing a text of an original work by including it in the Explanatory memorandum accompanying a regulation, in case of the administrative and parliamentary procedure. The legal limits of the exercise of copyright Cover Image
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2. Reproducerea unui text dintr-o lucrare originală prin includerea în expunerea de motive ce însoțește un act normativ, în cadrul procedurii administrative și parlamentare. Limitele legale ale exercitării dreptului de autor
2. Reproducing a text of an original work by including it in the Explanatory memorandum accompanying a regulation, in case of the administrative and parliamentary procedure. The legal limits of the exercise of copyright

Author(s): Nina Ecaterina Grigoraș
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: permitted use in judicial/administrative proceedings; non‑prejudicial fragment reproduction; public‑order justification; balance between authors’ rights and public interest;

Summary/Abstract: According to the provisions contained in art. (33) para (1) letter a) of Law no. 8/1996, certain usages of the work previously made known are allowed, during the judicial, parliamentary or administrative proceedings or for the purposes of public safety, without the author’s consent and without the payment of any remuneration, however, by meeting certain requirements set forth by the legal norm. Thus, the reproduction of a fragment of the entire original work (a fragment which contains general appreciations, as it not an essential fragment) cannot be deemed as prejudicing the copyright, in the context in which the regulation of this limitation was required by the need for protection of certain general interests of public order, as that regarding the public information in relation to the importance and relevance of the legislative intervention in the matter of civil Code. Taking into account this consideration, it is not necessary to appreciate the importance of the equity advantage, as it is excluded, given the initiative and the justification of drafting the work in which the claimed reproduction is contained, for the drafting of which the co-opting of certain experts in the field was needed.

  • Issue Year: 2014
  • Issue No: 06
  • Page Range: 21-28
  • Page Count: 8
  • Language: Romanian
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