Categories Judicial News

The Bucharest Court of Appeal rejected as inadmissible the request for suspension of Decision no. 5/2013 of ORDA

On the 12^th of September 2013, in docket no. 2768/2/2013 – trial won by ARAIEX (Artists’ Association of Romania), wherein CREDIDAM (Romanian Center for Performers’ Rights Management) acted as intervener, rejected as inadmissible the request for the suspension of Decision no. 5/2013 of ORDA (Romanian Copyright Office), decision granting to ARAIEX a deadline for compliance with the law.

Audiovisual Methodology

Decision no. 106/2013 of ORDA (Romanian Copyright Office) was published in the Official Gazette no. 551 of the 30^th of August 2013, regarding the establishment of the final form of the Methodology for the collection of the remuneration owed to performers or players in relation to the radio broadcasting of artistic performances in the audiovisual domain by the television bodies.

ARAIEX transferred into the account of CREDIDAM a part of the amount of the remunerations from the cable source

On the 10^th of July 2013, ARAIEX (Artists’ Association of Romania) transferred into the account of CREDIDAM the gross amount of Lei 3,044, plus VAT, representing the partial remuneration for November 2012, December 2012, January 2013, February 2013, March 2013, from the cable source. It is worth saying that the above indicated amount was distributed to the performers entitled to it, but, given the small amount, the respective transfers could not be performed.

Repartition for June 2013

As regards the distribution made by CREDIDAM (Romanian Center for Performers’ Rights Management) in June 2013 (for the 4^th quarter of 2012 and for the 1^st quarter of 2013), we hereby inform you as follows:

1. For the radio, TV, public communication/ambient, Internet and cinema sources, where CREDIDAM acts as collector, the amounts owed to artists increased (by around 9%).
2. No amount from the cable source was included for this distribution, because the ARAIEX collector constantly refused to transfer the owed remunerations.
3. For the private copy source, CREDIDAM partially collected the remuneration owed by UNART (National Union of Romanian Artists).

Consequently, it was impossible for CREDIDAM to distribute to artists, on such date, the amounts from the cable source, amounts which were not transferred by ARAIEX, respectively the amounts pertaining to the 1^st quarter of 2013 from the private copy source, amounts which were not transferred by UNART. On these lines, we assure you that the collective management body CREDIDAM will continue to take all the legal steps for the recovery of the remunerations owed by ARAIEX and UNART, court actions being brought and apprehensions being made to the competent authority, to this end. To the extent to which the amounts which are still not transferred by the two bodies are recovered, they will be transferred by CREDIDAM with priority, in accordance with the current legislation.

List of members who should collect money from the distribution in December 2012

The following artists are asked to communicate to CREDIDAM the manner in which they wish to receive the amounts distributed to them in December 2012 (bank account, money order or directly from the CREDIDAM pay desk).

The Bucharest Court of Appeal rejected, for the second time, the request of ARAIEX pertaining to the suspension of decision no. 158/2012 of ORDA – CREDIDAM as forced intervener

On the 17th of June 2013, in docket no. 1537/2/2013 – trial won by ARAIEX (Artists’ Association of Romania), wherein CREDIDAM (Romanian Center for Performers’ Rights Management) acted as forced intervener, rejected for the second time, as inadmissible, the request for the suspension of Decision no. 158/2012 of ORDA (Romanian Copyright Office). By the above mentioned decision, CREDIDAM was designate as the collector of the remunerations from the radio source.

The Bucharest Court of Appeal rejected the ARAIEX request pertaining to the suspension of decision no. 199/12th of November 2012 of ORDA – CREDIDAM as intervener

On the 23^rd of April 2013, in docket no. 476/2/2013 – trial won by ARAIEX (Artists’ Association of Romania) wherein CREDIDAM (Romanian Center for Performers’ Rights Management) acted as intervener, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, rejected as inadmissible the request for the suspension of Decision no. 199/2012 of ORDA (Romanian Copyright Office).

Based on the decision mentioned above, Decision no. 287/2001 of ORDA was revoked, the latter establishing the rules of access for ORDA to the information system of the collective management bodies (currently, Decision no. 4/2013 of ORDA is applicable).

Cancellation of decision no. 62/2012 of ORDA

On the 24^th of April 2013, in docket no. 6472/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, ordered the CANCELLATION of Decision no. 62/24^th of May 2012 of ORDA (Romanian Copyright Office), decision whereby ARAIEX had been designated as the collector of the remunerations from private copy, from the sole collector UPFR (Union of Phonogram Producers in Romania).

Decision no. 5159/24th of April 2013: HCCJ rejected the appeal filed by ARAIEX against the Civil Judgment no. 5339/27th of September 2012

On the 24^th of April 2013, in docket no. 4590/2/2012, the High Court of Cassation and Justice rejected the appeal filed by ARAIEX (Artists’ Association of Romania) against the Civil Judgment no. 5339/27^th of September 2012, issued by the Bucharest Court of Appeal, ordering the suspension of decision no. 62/2012 of ORDA (Romanian Copyright Office), decision whereby ARAIEX had been designated as the collector of the remunerations for private copy from the sole collector UPFR (Union of Phonogram Producers in Romania).

Decision no. 4821/04th of April 2013: HCCJ cancelled/rejected the appeals filed by ORDA and ARAIEX against the Civil Judgment no. 3608/29th of May 2012

On the 04^th of April 2013, in docket no. 3913/2/2012, the High Court of Cassation and Justice rejected the appeals filed by ORDA (Romanian Copyright Office) and ARAIEX (Artists’ Association of Romania) against the Civil Judgment no. 3608/29^th of May 2012, issued by the Bucharest Court of Appeal, ordering the suspension of decision no. 57/2012 of ORDA, the third decision whereby ARAIEX had been designated as the collector of the remunerations for radio broadcasting/radio.