Credidam » Uncategorized http://credidam.ro/wp-en My WordPress Blog Mon, 30 Mar 2026 20:06:32 +0000 en-US hourly 1 http://wordpress.org/?v=4.0.17 ICCJ decided: the collection, by the collective management organizations, of the remunerations owed to performers for the broadcasting or for the public communication of audio recordings containing the fixation of their art performances does not represent a taxable operation in terms of the value added tax. http://credidam.ro/wp-en/?p=681 http://credidam.ro/wp-en/?p=681#comments Thu, 30 Jan 2020 10:40:37 +0000 http://credidam.ro/wp-en/?p=681 THE HIGH COURT OF CASSATION AND JUSTICE accepts the appeal filed by the Bucharest Court of Appeal – Fourth Civil Division in relation to File no. 34.946/3/2013 regarding the preliminary ruling procedure and consequently establishes the following:

In the interpretation of the provisions of art. 126 para. (1) letter a) and art. 129 of Law no. 571/2003 on the Fiscal Code, with further amendments and supplements, of art. 98 para (1) letter g1) and art. 1065 of Law no. 8/1996 on copyright and related rights, with further amendments and supplements, the collection, by the collective management organizations, of the remunerations owed to performers for the broadcasting or for the public communication of audio recordings containing the fixation of their art performances does not represent a taxable operation in terms of the value added tax.

Binding, according to the provisions of art. 521 para. (3) of the Code of Civil Procedure.

Pronounced in open session today, on the 19th of June, 2017.

 

]]> http://credidam.ro/wp-en/?feed=rss2&p=681 0 The Bucharest Court of Appeal rejected, for the second time, the request of ARAIEX pertaining to decision no. 152/2012 of ORDA – CREDIDAM as defendant http://credidam.ro/wp-en/?p=454 http://credidam.ro/wp-en/?p=454#comments Fri, 08 May 2015 09:05:27 +0000 http://credidam.ro/wp-en/?p=454 On the 19th of June 2013, in docket no. 1536/2/2013 – trial won by ARAIEX (Artists’ Association of Romania), wherein CREDIDAM (Romanian Center for Performers’ Rights Management) acted as defendant, rejected for the second time, as unfounded, the request for the suspension of Decision no. 152/2012 of ORDA (Romanian Copyright Office). By the above mentioned decision, CREDIDAM was designated as the collector of the remunerations from the TV/phonograms source.

]]> http://credidam.ro/wp-en/?feed=rss2&p=454 0 JUDICIAL NEWS http://credidam.ro/wp-en/?p=347 http://credidam.ro/wp-en/?p=347#comments Wed, 22 Apr 2015 23:23:17 +0000 http://credidam.ro/wp-en/?p=347 http://credidam.ro/wp-en/?feed=rss2&p=347 0 FOR USERS http://credidam.ro/wp-en/?p=345 http://credidam.ro/wp-en/?p=345#comments Wed, 22 Apr 2015 23:22:45 +0000 http://credidam.ro/wp-en/?p=345

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,

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

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

 

]]> http://credidam.ro/wp-en/?feed=rss2&p=345 0 FOR PERFORMERS http://credidam.ro/wp-en/?p=343 http://credidam.ro/wp-en/?p=343#comments Wed, 22 Apr 2015 23:22:35 +0000 http://credidam.ro/wp-en/?p=343 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

]]> http://credidam.ro/wp-en/?feed=rss2&p=343 0 Hello world! http://credidam.ro/wp-en/?p=1 http://credidam.ro/wp-en/?p=1#comments Mon, 03 Nov 2014 08:40:42 +0000 http://credidam.ro/wp-en/?p=1 Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!

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