5. Reproducerea unui text dintr-o lucrare originală prin includerea în „expunerea de motive” ce însoţeşte un act normativ în cadrul procedurii administrative şi parlamentare. Limitele legale ale exercitării dreptului de autor
5. The reproduction of a wording of an original paper by including it in “the statement of reasons” accompanying a regulation within the administrative and parliamentary procedure. The legal limits of exercising the copyrights

Summary/Abstract: According to the provisions included by art. 33 para. (1) letter a) of Law no. 8/1996, certain uses of the work previously made known to public are permitted, within the judicial, parliamentary or administrative procedures or for any purposes of public security, without the author’s consent and the payment of any remuneration, however, by complying with certain requirements set forth by the legal rule. Thus, taking up a fragment from the entire original work (a fragment which contains general considerations, as it is not an essential fragment) cannot be deemed as prejudicing the copyrights, in the context in which the regulation of this limitation has been required by the need for protecting certain general public interests, as the interest regarding the public information in relation to the importance and relevance of the legislative intervention in the matter of the Civil Code. Taking into account this reason, it is not necessary to appreciate the relevance of the patrimonial benefit as it excluded, given the initiative and the substantiation for drafting the paper containing the claimed taking up, whose drafting required the cooptation of certain experts in the filed.

• Details
• Contents