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Ghostwriting-ul sau „scrierile-fantomă”
Ghostwriting or ”ghost-writings”

Author(s): Ruxandra Vişoiu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: ghostwriter; moral rights; authorship rights; authors’ rights; copyright; non property rights;

Summary/Abstract: The ghostwriter profession or „shadow writer”, as we may call it, started to find its way in the past few years in more and more fields, from literature and music to blogs and even academic studies. Our society is being subject to digitalization to a great degree, which increased both the demand and offer for ghostwriters. In essence, a ghostwriter is an author who creates paid work for third parties, at the same time waving their rights for that creation. We consider that an analysis of this phenomenon is necessary because once the ghostwriter profession will extend more to Romania, many practical issues will arise. The parties will have to qualify their relationship from a legal perspective, to choose the legal dispositions that apply to them, draft proper contracts, and, if the case may be, defend themselves in the courts of law if these contracts become subject to legal dispute. Since the concept of „shadow writing” was born in the copyright system of law, it started to gain ground also in the continental system, which is more protective towards the author and their rights. And when referring to Romanian law, the greatest challenge will be to conciliate the ghostwriting profession with the moral authorship rights from Law no. 8/1996.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 41-55
  • Page Count: 15
  • Language: Romanian