Copyright and the Autor of a One Of A Kind Work


Copyright is a type of intellectual property that gives its owner the right to copy, distribute, adapt, display, and perform creative work. (https://en.wikipedia.org/wiki/Copyright)

Copyright relies directly on the person of the author and has various aspects. Copyright can be literary, artistic, or scientific and can refer to other works of intellectual creation. 

The term “Author” designates any natural person or group of natural persons who created a work, of any nature.

Attribution of copyright
Usually, when the work was published anonymously or under a pseudonym that does not allow identification of the author, the copyright is exercised by the person who makes it public with the consent of the author. A joint work means it has been created by several co-authors, in the form of collaboration. In this case, the copyright is exercised by each co-author.

The object of the copyright
Original works of intellectual creation in the literary, artistic or scientific field are the subject of copyright, regardless of the way of creation, the way or concrete form of expression and independent of their value and destination.

In accordance with the legal provisions in force, the following works cannot be subject to copyright:

Ideas, theories, concepts, discoveries and inventions that are part of a work, regardless of the way of realization and publication;

Official texts from the political, administrative, legislative, and judicial fields; Official symbols of the state, public authorities and organizations; Means of payment; News and press information;

Moral rights of the author
The moral rights of the author include: deciding how the work will be brought to public knowledge; claiming recognition of the quality of authorship of the work; choosing the name under which the work will be brought to public knowledge; demanding respect for the integrity of the work and the right to prohibit any type of modification;

Exercise of copyright
If the author dies, the copyright can be passed on by inheritance, if there are any type of legal heirs. Regardless of the circumstances, the author is the one who has the power to decide how the work can be used or exploited.

Duration of copyright protection
The copyright on a literary, artistic or scientific work arises from the moment of the creation of the work.

According to Romanian legislation, the copyrights are valid throughout the author’s life, and it’s transmittable by inheritance, for a period of 70 years. If, after the expiration of the copyright protection, another creative work of the same author, not published before, is brought to the public knowledge, then it benefits from 25 years of copyright protection.

Duration of copyright protection depending on the work:

Works under a pseudonym or without an author – 70 years after being brought to public knowledge;
Works made in collaboration – 70 years since the death of the last co-author;
Collective works – 70 years since they were brought to public knowledge;
Works of art – 25 years from the date of creation;
Computer programs – 50 years since the death of the author.