Some Considerations regarding the Regulation of Orphan
 Works Cover Image

Unele consideraţii privind reglementarea operelor orfane
Some Considerations regarding the Regulation of Orphan Works

Author(s): Alexandru Roata-Palade
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Academiei Române
Keywords: orphan work; identification and localization of the rightholder; diligent and in good-faith search; anonymous work;copyright;

Summary/Abstract: The author presents the problems of practical application of the rules regarding the orphan works which were transposed in the domestic legislation through Law no. 53/2015 for modification and completion of the Law 8/1996 on copyright and neighboring rights. Thus, are identified the difficulties in interpretation of some expressions which were transposed ad litteram from the Directive 2012/28/UE of the European Parliament and of the Council, such as: identification and localization of the holder, diligent and in good-faith search, registration of the search etc. Also, the author suggests some definitions regarding key-words of the regulation, as well as some de lege ferenda recommendations.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 63-79
  • Page Count: 17
  • Language: Romanian
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