Legal and criminal protection of the private copying of scientific works in relation to the new criminal legislation Cover Image
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protecţia juridico-penală a copiei private a operelor ştiinţifice în raport cu noua legislaţie penală
Legal and criminal protection of the private copying of scientific works in relation to the new criminal legislation

Author(s): Ciprian Raul Romitan
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: scientific works; copyright; private copy; reprography (photocopying); piracy

Summary/Abstract: Over the last years, the technological progress [the appearance of copy machines and photocopiers (printer, photocopier, scanner, multifunctional machine etc.)] has allowed a secondary large scale use of scientific works, in all fields, made by reprography method (photocopying). Consequently, according to the exposure of Viorel Roş, Professor, „in the circumstances of the proliferation and improvement of the reproduction techniques, the control of the use of works is, if not impossible, rather difficult to be performed”. Keeping the same thinking, one stated that „the practice of reprography has a negative influence on the dissemination of books and periodicals, especially of the scientific ones, which cannot be indifferent to the society, of course”. The reproduction activities, as well as those related to the sale of scientific works, without the consent of the author or of the rights owner, represent illegal actions, known also as piracy and affects, according to the specifications contained in the documents of the World Organization of Intellectual Property, all the parties involved in the creation and improvement of these categories of works, such as: the authors, the rights’ owners, the publishers, the distributors, the consumers and last, but not least, the state, as the gains obtained by pirates are not subject to taxation.

  • Issue Year: 2012
  • Issue No: 02
  • Page Range: 60-75
  • Page Count: 16
  • Language: Romanian