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May 7, 2015 Comments are off admin
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Suspension of decision no. 305/29th of December 2011 of ORDA

On the 26th of January 2012, in docket no. 250/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, upheld the request of CREDIDAM (Romanian Center for Performers’ Rights Management) for the suspension of the execution of Decision no. 305/29th of December 2011 of ORDA (Romanian Copyright Office).

Consequently, as from the 26th of January 2012, all the economic agents who use artistic performances for ambient purposes will resume the payments to CREDIDAM.

Thank you for your solidarity and be assured that we will provide the same level of cooperation as until the issuance of Decision no. 305/29th of December 2011 of ORDA. Please resume the use of the facility granted to you on www.credidam.ro.

May 7, 2015 Comments are off admin
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IMPORTANT Suspension of decision no. 6/31st of January 2012 of ORDA

The Court of Appeal suspended the decision of ORDA (Romanian Copyright Office) for the temporary withdrawal of the operating permit of CREDIDAM (Romanian Center for Performers’ Rights Management), which is why the association will continue its activity pertaining to the collection of copyright and the distribution of money to the artists.

May 7, 2015 Comments are off admin
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Suspension of decision no. 288/23rd of November 2011 of ORDA

This is to inform you that, as from the 18th of January 2012, Decision no. 288/23rd of November 2011 whereby ORDA (Romanian Copyright Office) granted to CREDIDAM (Romanian Center for Performers’ Rights Management) a deadline for compliance with the law until the amendment of the Memorandum of Incorporation with regard to the manner of revocation of agency agreements was suspended by the Bucharest Court of Appeal through the Civil Judgment no. 300/18th of January 2012, issued in docket no. 10072/2/2011.

Until the ruling of the court as regards the cancellation of Decision no. 288/2011, the performance of Decision no. 288/2011 will be suspended, and the Memorandum of Incorporation of CREDIDAM will be applied in the form endorsed by ORDA on the 18th of March 2011. Consequently, the revocation of the mandates will be made in accordance with the provisions of art.8, para. 10 of the CREDIDAM Memorandum of Incorporation.

May 7, 2015 Comments are off admin
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Suspension of CREDIDAM

Yet another proof of the brutal and unprincipled intrusion of the politics: the Romanian Copyright Office abusively suspended the activity of CREDIDAM (Romanian Center for Performers’ Rights Management).

By Decision no. 6/31st of January 2012, the Romanian Copyright Office (ORDA) temporarily withdrew the operating permit of the Romanian Center for Performers’ Rights Management (CREDIDAM), suspending its collective management activity. The invoked legal basis: the non-compliance with other two decisions (no. 229/04th of August 2011 and no. 304/28th of December 2011). CREDIDAM is ready to assert publicly, with evidence, that the reasons for the suspension are fictitious and that they represent an onerous interest.

In essence, things are as follows:

  1. Decision no. 229/2011 refers to the compliance with the law by CREDIDAM, within 30 days from the issuance thereof. Conditions for compliance with the law: the start of the negotiations with the televisions (CREDIDAM is now in full arbitration procedure with them) and the start of the negotiations for public communication/ambient (pubs, discos, stores etc.).

CREDIDAM submitted requests to ORDA, on the 02nd of September 2011 and on the 05th of September 2011, save that ORDA did not issue Decisions for the establishment of negotiation commissions, based on the requests submitted by CREDIDAM. Currently, ORDA issued a decision for the suspension of the CREDIDAM activity, although it is obvious that the fault lies with ORDA.

  1. Decision no. 304/28th of December 2011 was issued after the control pertaining to public communication/ambient, which was completed on the second half of November 2011. Then, the ORDA representatives collected from the headquarters of CREDIDAM copies of a few thousands of documents from the organisation’s database. The purpose was to cover up Decision no. 305, issued on the following day (29th of December 2011), removing off the liability of CREDIDAM the collection for public communication/ambient. The liability for the respective collection was granted immediately, upon request, to the ARAIEX Association (Artists’ Association of Romania), established by Adriana Bahmuţeanu Prigoană. CREDIDAM promptly filed a court action, and the decision of ORDA was suspended by the Bucharest Court of Appeal.

Decisions no. 229 and no. 304/2011 were challenged in court are the trial date thereof was set within 14 days, on the 15th of February 2012.

Very important – In accordance with art. 138, index 3 of Law no. 8/1996: “The Decision may be subject to appeal at the courts of administrative contentious. In case of non-compliance with the final decision, ORDA will temporarily withdraw the notice stipulated in art.125 of the law.” Neither decision is final, all the more so that a trial date was set for them on the 15th of February 2012.

In protest of the working manner of ORDA, all the televisions forming the arbitration commission refused to pay the fee of the 5 arbiters who carry out their activity under ORDA. Such fee currently amounts to Lei 7,500 per arbiter. Moreover, the televisions will challenge the arbitral award in court.

CREDIDAM has already informed the international associations it is affiliated to, because the rights of the foreign and Romanian artists which it represents are now in real danger. In accordance with the bilateral agreements, the external payments should have been made at the beginning of February, and because CREDIDAM is blocked, it cannot collect and distribute the ownership rights owed to the foreign artists.

CREDIDAM is the first Romanian association which performs the management of the intellectual property rights of performers. Established in 1996, with support from the Dutch Government, under the MATRA programme, the association counts more than 11,000 Romanian and foreign members. It is the signatory of 33 international bilateral agreements, entered into with similar associations from Europe and Canada. In Romania, CREDIDAM represents the interests of the foreign performers whose recordings are being used on the territory of our country. The interests of Romanian performers, who are CREDIDAM members, are represented and protected in the countries which signed the bilateral agreements with CREDIDAM.

May 7, 2015 Comments are off admin
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Suspension of CREDIDAM

Iulian Vrabete, member of the Board of Directors of CREDIDAM:

The latest abuse of the current leadership was committed by the ORDA governmental body on CREDIDAM – the Romanian Centre for Performers’ Rights Administration!

Appointed to supervise the application of the laws on intellectual rights and to coordinate the activity of the organisations collecting such rights, the Romanian Copyright Office (ORDA) fancies itself as the master of such private law associations. According to the law, the Government’s unique role is that of ensuring coordination, and ORDA has been trying, for a few years, to bring the collected money under political control. Failing to do that directly, as it would obviously been unconstitutional, it chose the formula of setting up its own “home-grown” bodies, to whom it would transfer the collecting rights, so that the money is oriented in the pre-established direction.

For the performers’ rights, the Romanian Centre for Performers’ Rights Administration (CREDIDAM) has been functioning since 1996; however, it has been subject to a sustained denigration campaign, despite the fact that, in the last ten years, the controls performed by ORDA, by the Ministry of Finance, by the National Agency for Fiscal Administration and by the Fraud Squad failed to highlight any fraud.

Currently, CREDIDAM counts more than 11,000 members and represents artists from numerous countries based on the bilateral agreements concluded with international bodies or even directly, through the mandates issued by them.

A few months ago, a parallel body was set up in great secrecy: ARAIEX. Benefiting from the ORDA support, it received its operating permit in a great hurry. More than that, ORDA forgot to publish the respective permit on its official website, so that nobody could contest such decision. The reason for which a new body, having only three founding members, was so interesting, was the fact that it was established by Mr. Silviu Prigoană, PDL Deputy, and his wife, Adriana Bahmuţeanu-Prigoană. For those concerned, the two signed jointly the request for registering the ARAIEX name and logo with OSIM (State Office for Inventions and Trademarks). At the present time, ARAIEX counts less than 200 members. Almost all of them are folk music performers, all of them being connected to the Etno and Taraf television channels, which are owned by the above mentioned family.

After months of deliberate baffling and abuse, through aberrant decisions issued by ORDA, many of them suspended afterwards by the courts of law, the governmental body gave its supreme strike, issuing a decision for suspending the CREDIDAM activity. This is how the road was cleared for the new “home-grown” company, fact otherwise impossible to be imposed under normal conditions.

Of course, the decision can be challenged. No doubt that dozens of protest letters will continue to arrive from international organisations, which don’t believe in the fact that the money of their artists (some of them registered directly with CREDIDAM, such as Elton John, Celine Dion or Dire Straits) will reach the hands of a party-led company, and that, eventually, the justice will also be the one who will settle the problem.

You may remember the recent health law, according to which the money given by people to the State would reach several hand-picked private companies. One can observe the same tactics of the orange leadership, of performing an abuse and of taking advantage of the time obtained until the settlement in court, to line its rest.

May 7, 2015 Comments are off admin
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Controls at CREDIDAM

5 days after the end of the last control, between the 14th of November 2011 and the 25th of November 2011, ORDA (Romanian Copyright Office) performed another control at CREDIDAM (Romanian Center for Performers’ Rights Management). The thematic of this control: read here. Actually, ORDA took advantage of such control and collected from CREDIDAM its entire database with the ambient users (bars, discos, restaurants, shops etc.), database protected by the Law on copyright and related rights itself. This database was created by CREDIDAM during its 15 years of activity. Message taken from www.orda.ro:

“Between the 3rd and the 7th of October 2011, the ORDA representatives will perform a prompt control at the CREDIDAM headquarters, based on the dispositions of art. 138(2) para. (1), corroborated with art. 138 para. (1) letter h). The objectives of the control are the following:

  • the record of the collected amounts, by sources, for the period between 2008 and 2011;
  • the distribution of the collected amounts, between 2008 and 2011;
  • the status of the management mandates and of the managed repertory;
  • the supervision of the way in which the distribution criteria were established, and of the manner of performing the actual distributions;
  • the verification of the manner in which the administration fee was established and withheld, and of the use of amounts for joint purposes, others than the coverage of the real costs incurred with the collection and distribution activities”.

Here are some observations in relation to this message:

  1. The control did not end on the 07th of October 2011, but it will continue in the following week, i.e. between the 10th and the 14th of October 2011;
  2. The control was not notified three days in advance, according to the dispositions of the control methodology, approved by Decision no. 310/11th of November 2010 of the ORDA General Manager, methodology which is posted on orda.ro;
  3. According to the same methodology, we quote: “the deadline for performing the prompt control is of three days, being subject to extension only one time”. As it can be seen, such control is being performed over a period exceeding the one stipulated in the methodology, respectively five days, and with a further extension.
  4. The objectives proposed for the prompt control are actually objectives of the background controls performed in 2008, 2009 and 2010.

Concretely:

  1. The amounts collected for 2008, 2009 and 2010 – were verified by ORDA on occasion of the background controls, the findings thereof being recorded in the minutes concluded on the respective date, submitted to ORDA and currently posted both on credidam.ro and on www.orda.ro.
  2. The distribution of the amounts collected for the period between 2008 and 2011 was checked by ORDA on occasion of the background controls, the findings thereof being recorded in the minutes concluded on the respective date, submitted to ORDA, and currently posted on orda.ro. It is worth mentioning that the amounts related to the year 2008, until the 01st of October 2008, are prescribed, and the amounts distributed in 2009, which are posted on www.orda.ro, do not correspond with the amounts communicated by CREDIDAM. We are not aware of the reason why other amounts than the real ones were posted on www.orda.ro.
  3. The status of the management mandates and of the managed repertory – was checked by ORDA on occasion of the background controls, the findings thereof being recorded in the minutes concluded on the respective date;
  4. The supervision of the way in which the distribution criteria were established, and of the manner of performing the actual distributions – was checked by ORDA on occasion of the background controls, the findings thereof being recorded in the minutes concluded on the respective date;
  5. The verification of the manner in which the administration fee was established and withheld, and of the use of amounts for joint purposes, others than the coverage of the real costs incurred with the collection and distribution activities – was checked by ORDA on occasion of the background controls, the findings thereof being recorded in the minutes concluded on the respective date;

Minutes no. 8486/01st of June 2010 – we quote: “this is a situation of the money collected by CREDIDAM, of the levied fee and of the spent amounts – year 2008 – fee amounted to 10.93%”.

Minutes no. 3003/03rd of January 2011 – we quote: “for the year 2009, “the withheld administration fee…..  14.6 % from the total value of the transferred amounts.”

Minutes no. 1852/22nd of July 2011 – we quote: “for the year 2010, “the withheld administration fee amounted to 14.82%”. 

Still on occasion of the controls performed at the CREDIDAM headquarters, ORDA ascertained that CREDIDAM did not have in the past and at the respective time expenses in the chapter entitled “the use of amounts for joint purposes, others than the coverage of the real costs incurred with the collection and distribution activities”.

For more details, please read the Minutes concluded on the 03rd of October 2011 and on the 06th of October 2011, as well as the CREDIDAM address no. 18.689/05th of October 2011, whereby we requested copies of the two apprehensions underlying the last control.

Pursuant to the thematic control performed between the 3rd and the 7th of October 2011, ORDA issued Decision no. 268/2011, whereby it granted CREDIDAM 2 days for compliance with the law, more exactly for submitting certain documents at the ORDA Registration Office. See the Decision.

CREDIDAM requested for clarifications through address no. 19668/19th of October 2011. See the address.

ORDA answered by address no. 12959/20th of October 2011. See the address.

CREDIDAM submitted at ORDA, on the 21st of October 2011, 13.15 p.m., together with the cover letter no. 19749, the documents indicated in the enclosed list of documents. See the address and the list of documents.

CREDIDAM challenged Decision no. 268/19th of October 2011, issued by the ORDA General Manager. The prior complaint was submitted at ORDA on the 28th of October 2011. Read here. After the challenge filed by CREDIDAM, ORDA tried to make up for the control minutes by address no. 13601/04th of November 2011. Read here.

 

CONTROLS PERFORMED AT CREDIDAM in the first 10 and a half months of 2011:

ORDA

  1. Background control for the year 2009, between the 29th of November 2010 and the 03rd of January 2011 (one month and 3 days);
  2. Thematic control: 11th of February 2011 – 22nd of February 2011 (12 days);
  3. Thematic control: 14th of March 2011 – 30th of March 2011 (17 days);
  4. Thematic control: 16th of May 2001 – 01st of June 2011 (17 days);
  5. Background control for the year 2010, started on the 04th of July 2011 and ended on the 22nd of July 2011 (19 days);
  6. Thematic control: 06th of September 2011 – 28th of September 2011 (23 days);
  7. Thematic control: 03rd of October 2011 – 07th of October 2011 (5 days);
  8. Thematic control: 14th of November 2011 – 25th of November 2011.

 

National Agency for Fiscal Administration

  1. Control carried out between the 23rd of June 2011 and the 26th of August 2011 (two months).

 

CREDIDAM was subject to the control of the Romanian State Authorities for 7 months and 16 days out of 10 months and a half of the year 2011.

April 22, 2015 Comments are off admin
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JUDICIAL NEWS

April 22, 2015 Comments are off admin
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FOR USERS

Radio

In attention to radio users,

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CREDIDAM is the collector for the Radio source based on Decision no. 158/28th of September 2012 of ORDA, published in the Official Gazette, part 1, no. 690/08th of October 2012. The remuneration owed to performers or players for the radio broadcasting of commercial phonograms and of phonograms published for commercial purposes or of the reproductions thereof by the radio broadcasting bodies, in accordance with the provisions of Law no. 8/1996 on copyright and related rights, with further amendments and supplements, and with its enforcement guidelines, which should be paid to CREDIDAM, is calculated according to the new methodology (Civil Judgment no. 153A of the Bucharest Court of Appeal published in the Official Gazette no. 470/05th of July 2011).

  • The payment will be made in the following account – IBAN CODE: RO02INGB0001000152938948 opened with ING BANK. – 1st District Branch
Procedure for obtaining the license
  1. Fill in the licensing request and the license form
  2. Mail the signed and sealed request in 2 original counterparts, the signed and sealed license in 2 original counterparts and one copy of each of the following documents:
    1. Tax Identification Number (copy)
    2. CNA licensing decision (copy)
    3. License issued by CNA (copy)
    4. Document certifying the legal representative
  3. You will receive the license in original, signed and sealed by CREDIDAM
  4. Mail the monthly report and the playlist, respectively pay the remuneration on the deadlines established in the methodology and in the license clauses.
MONTHLY REPORT (calculation base) and PLAYLIST

Send it until the 25th of the following month for the previous month, accompanied by a cover letter, signed and sealed by the legal representative, certifying on its own account, the veracity and accuracy of the information included in the report and in the appended documents, containing the following:

  1. calculation base (total monthly gross income obtained from the radio broadcasting activity, less VAT, and in the absence thereof, from the total expenses incurred for use), together with the weight of use of commercial phonograms and of phonograms published for commercial purposes;
  2. the playlist of the commercial phonograms and of the phonograms published for commercial purposes

RATES
Civil Judgment no. 153A of the Bucharest Court of Appeal, published in the Official Gazette no. 470/05th of July 2011
Arbitral Award/Decision no. 284/23rd of September 2010 of ORDA published in the Official Gazette no. 668/30th of September 2010
Civil Judgment no. 23A of the Bucharest Court of Appeal, published in the Official Gazette no. 572/21st of August 2007
PENALTIES

According to the current methodology, the users owe penalties equivalent with 0.1% from the outstanding amounts, calculated per day of delay, for payment delays.

CONTACT DATA
  • Phone: 021/307.92.00 021/307.92.01 Fax: 021.318.58.13
  • E-mail: laura.raducanu@credidam.ro
  • Contact: Laura Răducanu

TV

In attention to television users,

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The remuneration owed to performers or players for the radio broadcasting, by the television bodies, of commercial phonograms or of the reproductions thereof, in accordance with the provisions of Law no. 8/1996 on copyright and related rights, with further amendments and supplements, and with its enforcement guidelines, which should be paid to CREDIDAM, is calculated as from the 26th of July 2012 according to the methodology established by arbitral award no. 8/09th of July 2012, published through Decision no. 133/2012 of ORDA and through Decision no. 152/19th of September 2012 of ORDA, a collector decision.

The remuneration owed to performers or players for the radio broadcasting, by the television bodies, of the artistic performances from the audiovisual domain, in accordance with the provisions of Law no. 8/1996 on copyright and related rights, with further amendments and supplements, and with its enforcement guidelines, is calculated through the application of the 1.2% percentage applied to the calculation base in accordance with Decision no. 10a of the 23rd of January 2013 and with Decision no. 100/09th of October 2014, a collector decision.

For the rates pertaining to the use of the commercial phonograms prior to the 26th of July 2012 click here

The payment will be made in the following account – IBAN CODE: RO73INGB0001000152938931 opened with ING BANK. – 1st District Branch

Procedure for obtaining the license

  1. Fill in the licensing request and the non-exclusive license forms/authorisations (Authorisation for the direct or indirect use of the commercial phonograms or of the reproductions thereof and the Authorisation for the use of artistic performances from the audiovisual domain )
  2. Mail the licensing request and the 2 signed and sealed licenses in 2 original counterparts each and one copy of each of the following documents:
  1. The broadcasting licenses issued by CNA for the television stations, held by you;
  2. The licensing decisions issued by CNA for the television stations, held by you;
  3. The structure of the programme service, issued by CNA;
  4. A document certifying the legal representative;
  5. A copy of the registration certificate issued by the Trade Register.
  1. You will receive the license in original, signed and sealed by CREDIDAM.
  2. Mail the monthly report, respectively pay the remuneration on the deadlines established in the methodology and in the license clauses;

 

MONTHLY REPORT (calculation base) and PLAYLIST

Send it until the 25th of the following month for the previous month, accompanied by a cover letter, signed and sealed by the legal representative, certifying on its own account, the veracity and accuracy of the information included in the report and in the appended documents, containing the following:

  1. The calculation base of the remuneration owed by television bodies represents the total monthly gross income less the value added tax and the budgetary allotment, if applicable. In the absence of such income, the calculation base is represented by the expenses incurred for use;
  2. The weight of use of commercial phonograms or of the reproductions thereof;
  3. The weight of use of artistic performances in the audiovisual domain ;
  4. The playlist which contains complete information pertaining to phonograms and artistic performances in the audiovisual, broadcasted by television station(s), and held in accordance with the playlist draft.

PENALTIES

According to the current methodologies, the users owe the following for payment delays:

  1. Penalties equivalent with the reference income level established by the National Bank of Romania, for the outstanding amounts, represented by the use of artistic performances from the audiovisual domain;
  2. delay penalties of 0.1% per day with regard to the outstanding amounts, represented by the use of commercial phonograms.

CONTACT DATA

  • Phone. 021/307.92.00 021/307.92.01 Fax: 021.318.58.13
  • E-mail : laura.raducanu@credidam.ro
  • Contact: Laura Răducanu

Cable

In attention to cable users,

By Decision no. 120/20th of September 2013 of ORDA and by Decision no. 121/20th of September 2013 of ORDA, published in the Off. Gazette no. 602 of the 27th of September 2013, Part I, CREDIDAM was designated as the sole collector of the remunerations owed to performers and/or players for the cable retransmission of the artistic performances fixed on phonograms and of those from the audiovisual domain. As from the 28th of September 2013, Decision no. 278/2011 of ORDA and Decision no. 279/2011 of ORDA, whereby ARAIEX was designated as the collector of the remunerations for cable retransmission owed to performers, will cease to apply. Please be informed that as from the 28th of September 2013, the collector of the remunerations established by the application of the percentage of 0.75% above the calculation base, is CREDIDAM.

Information valid until the 17th of November 2011

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Starting with 22.12.2010, according to the Civil Decision no. 263A/16.11.2010, delivered by the Court of Appeal in Bucharest, 9th Civil Section and for issues related to intellectual property, in file no. 4009/2/2009, published in the Official Gazette, Part I, no. 861/22.12.2010, and based on the ORDA Decision no. 332/2010, respectively 333/2010, the new methodologies regarding the remunerations owed for the cable retransmission of works and of products bearing related rights, came into effect

According to the new methodology, regarding cable retransmission (ORDA Decision no. 327/15.12.2010), the remuneration to be paid to CREDIDAM amounts to:

0.75% from the calculation base for cable retransmission, performed after 21.12.2010.

The payment will be made in the IBAN CODE account: RO27INGB0001000152938983, opened at ING BANK – 1st District Subsidiary.

  1. The remuneration represents only rights related to copyright and CREDIDAM was appointed as collector thereof, according to the ORDA Decision no. 332/23.12.2010 and to the ORDA Decision no. 333/23.12.2010.

Procedure for obtaining the license

  1. Fill in the authorization application and the licensing form.

  2. Dispatch the signed and sealed application in 2 original counterparts, the signed and sealed license in 2 original counterparts and one copy of each of the following documents:

    1. sole registration code (copy);

    2. CNA authorizing decision/license (copy) – if applicable

    3. CNA retransmission permit (copy);

    4. MCTI technical authorization (copy);

    5. ANRC certificate (copy);

  3. You will receive the license in original, signed and sealed by CREDIDAM.

  4. Consign the monthly report, respectively pay the remuneration on the terms established by the methodology and by the license clauses.

MONTHLY REPORT (calculation base)

Transmit it till the 15th of the month following the month for which it is prepared, accompanied by a cover letter, signed and sealed by the legal representative, certifying on its own liability, the accuracy and reliability of the information included in the report and in the appended documents, and must contain the following:

  1. list of retransmitted radio-broadcasting and/or television programs services;

  2. number of subscribers;

  3. subscription value;

  4. calculation base (total amount of the monthly gross revenues obtained from the radio-broadcasting and/or television programs retransmission activities, and in the absence thereof, from the total amount of the incurred use expenses);

Download – monthly report standard template

In case of payment delays, the users owe, according to the methodologies in force, penalties equivalent to 0.10% from the outstanding amounts, calculated per day of delay.

CONTACT

Phone no.: 021/307.92.00 021/307.92.01 Fax: 021.318 58 13

Email : elena.harghelegiu@credidam.ro

Contact: Elena HERGHELEGIU

Public Communication

For the use in the ambient environment (hotels, restaurants, bars, discos, transportation etc.) of the performers’ interpretations, recorded on phonograms or in audiovisual format, it is necessary to obtain a license (authorisation) from CREDIDAM, which will be issued after having taken the following steps:

The procedure pertaining to the issuance of the authorisation by CREDIDAM consists of the following stages:

  1. The statement (1 counterpart), along with the convention (2 counterparts) will be filled in and signed only by the company’s DIRECTOR and will be submitted in original to the headquarters of CREDIDAM, at 15-17, Jules Michelet Street, 1st District, Bucharest, post code 010462.
  2. Further to the recording/processing of the user’s data in the data base of CREDIDAM, a proforma invoice will be issued (for the period requested in the convention), along with one counterpart of the user-CREDIDAM convention.
  3. After the settlement of the proforma invoice, a fiscal invoice will be issued, pertaining to the payment made together with the Non-Exclusive Authorisation/License for Public Communication, for the activities and areas indicated in the annex to the convention, respectively the public communication of the phonograms published for commercial purposes or of the reproductions thereof, the public communication of the artistic performances from the audiovisual domain and/or the public communication for lucrative purpose.

Decision no. 305 from 2011 of ORDA was suspended – click to see

Irrevocable cancellation of decisions no. 11, 39 and 56 from 2012 – click to see

Click here to administer your company’s data and to view your financial status

FORMS
- user statement Download
- annex to the statement Download
- convention Download
- financial report Download
REMUNERATIONS
The amendment, based on the inflation rate established at national level, of the remunerations established in lump sum through the Methodology from 2006 (Decision no. 399/2006 of ORDA) was published in the Off. Gazette, Part I no. 788 of the 16th of December 2013, by decision no. 189/2013 of ORDA.

It is also worth mentioning that the amounts thus updated will become applicable as from the 01st of January 2014 (art. 131(4) of Law no. 8/1996).

Click here to see the new remunerations

Decision no. 399/2006 of ORDA, published in the Official Gazette no. 982/ 08th of December 2006 – the Methodology includes the categories of users and the values of the remuneration for the broadcasting of music for ambient and lucrative purposes. Such remunerations are related to the use of commercial phonograms and/or of the artistic performances between the 01st of January 2007 and the 31st of December 2013.

View the methodology

 

Private Copy

Private copy is a compensatory remuneration established by Law no. 8/ 1996, which should be paid by the economic agents who manufacture or who enter the following on the territory of Romania:

  • - supports for analogical or digital sound or audiovisual recordings;
  • - devices designed for the achievement of analogical or digital copies.

Starting from 2005, UPFR has been designated by ORDA as the sole collector of the compensatory remuneration for private copy. Based on the concluded protocol, UPFR performs a monthly distribution of the remunerations collected from Private Copy to the beneficiary collective management bodies.

Currently, the compensatory remuneration for private copy owed to performers is tied up in a special bank account, until the court establishes the weight due to each collective management body, from the domain of performers.

Please refer to the Methodology in force.

Also read Types of devices and supports.

 

Cinema

In attention to cinema users,

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Pursuant to the ORDA Decision no. 11 from 18.01.2006, published in the Official Gazette no. 98, Part I from 01.02.2006, the users of cinematographic works must pay a unique fair remuneration to the collective administration body of performers’ rights (CREDIDAM).

The users must pay to CREDIDAM a remuneration representing patrimonial related rights for the use of artistic performances in the audiovisual domain, by the application of the 1.2% from the calculation base.

The calculation base is formed from the totality of monthly gross revenues, less VAT and the cinema stamp, obtained by each user.

The users must transmit to CREDIDAM, until the 25th of every month, for the previous month, a report which will include:

  1. The complete list of artistic performances in the audiovisual domain, their duration of use, the mentioning of the name of every videogram used daily, as well as the producer thereof. Such list represents the base for distributing the remunerations collected by Credidam.

  2. The calculation base of the transferred amounts.

This report will be sent in electronic format and will be accompanied by a cover letter bearing the name of the legal representative, the user’s signature and seal, the address confirming on one’s own liability the accuracy of the information written in the report.

  1. The payment will be made in account: RO76INGB0001000152938974, ING BANK.

  2. In case of payment delays, users owe penalties per day of delay, equal to those owed for the State Budget debts.

Procedure for obtaining the license

  1. Fill in the authorization application with the user or the legal representative’s identification data, the address and the name of the cinematographer for which authorization is requested and with the date since when it became functional (the application will be signed and sealed by the legal representative).

  2. Dispatch the signed and sealed application in 2 original counterparts, together with the copy of the Sole Registration Code.

  3. You will receive the license in original, signed and sealed by CREDIDAM.

  4. Consign the monthly report, respectively pay the remuneration on the terms established by the methodology and by the license clauses.

CONTACT

Phone no.: 021/307.92.00 021/307.92.01 - extension 115

Fax: 021.318 58 13

Email : elena.harghelegiu@credidam.ro

Contact: Elena HERGHELEGIU

 

April 22, 2015 Comments are off admin
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FOR PERFORMERS

Assistance

For the settlement of any encountered problems, as well as for various suggestions, please write to support@credidam.ro

Your personal data will be processed by CREDIDAM in accordance with notification no.8338 and with Law no. 677/2001, for the fulfillment of the legal duties pertaining to collection and distribution. The data may be disclosed to third parties based on reasonable legal grounds. You may exercise your rights of access, intervention and opposition under the conditions stipulated by Law no. 677/2001, through a signed and dated request submitted in writing to CREDIDAM.

Performer Login

Your personal data will be processed by CREDIDAM in accordance with notification no. 8338 and with Law no. 677/2001, for the fulfilment of the legal duties pertaining to collection and distribution. The data may be disclosed to third parties based on reasonable legal grounds. You may exercise your rights of access, intervention and opposition under the conditions stipulated by Law no. 677/2001, through a signed and dated request submitted in writing to CREDIDAM

CLICK TO LOG IN

 

Repertory declaration forms

In case you do not want to declare your repertory using the online system, you may download, fill in, sign and submit the repertory declaration forms to Credidam.

Click here to see the guidelines for the repertory declarations, then click here to download the file with the repertory declaration forms, and afterwards print the correct form, depending on the fixed artistic performance.

Once you have filled in and signed the form, submit it to Credidam.

 

Request procedure

Procedure for request lodgement and submission

1. Any member of CREDIDAM is entitled to lodge requests for hearing / legal advisory / information. Such requests will be recorded in the entry log of CREDIDAM, managed by the CREDIDAM Secretariat for inventory and settlement in the order of their submission.

2. The requests will be submitted in writing, in the standard form available for downloading on the website www.credidam.ro or for collection from the headquarters of CREDIDAM, signed by the holder, dated and well-grounded.

3. The requests will be settled within 30 days. In case a thorough verification thereof is necessary, they will be settled within 45 days.

4. The members of CREDIDAM who submitted requests for hearing / legal advisory will be scheduled by the CREDIDAM Secretariat in the order of submission of the requests. The date and time of the meetings to be held at the headquarters of CREDIDAM will be communicated over the phone or by e-mail.

5. The members of CREDIDAM who submitted a request having a specific subject matter (theme) can no longer submit other requests on the same theme, irrespectively of the manner in which they are formulated. Such requests will be filed away because the member of CREDIDAM had already received an answer.

6. The requests which are incomplete (do not contain all the data requested in the form) will be filed away.

7. The answer to the requests will be communicated to the applicant in writing (by mail, to the address indicated in the request) or by e-mail / fax / phone, if applicable.

8. The schedule for the submission of requests is on Tuesdays and Thursdays, between 10.00 a.m. and 13.00 p.m.

9. This procedure will take effect within 15 days from the communication thereof to the members, on the website and by posting at the headquarters of CREDIDAM, namely as from the 01st of September 2010.

Procedure document                       

Standard form

Intermediaries procedure