Categories Judicial News

Cancellation of Decision no. 305/29th of December 2011 of ORDA

On the 05^th of October 2012, in docket no. 2447/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, ordered the CANCELLATION of Decision no. 305/29^th of December 2011 of ORDA (Romanian Copyright Office), whereby ORDA had confiscated the collection for public communication/ambient from CREDIDAM (Romanian Center for Performers’ Rights Management), and attributed it to ARAIEX (Artists’ Association of Romania).

Consequently, as from the 01^st of January 2012, all the economic agents using artistic performances for ambient purposes will resume payments to CREDIDAM.

Thank you for your solidarity.

Suspension of Decision no. 62/24th of May 2012 of ORDA

On the 27^th of September 2012, in docket no. 4590/2/2012, the Bucharest Court of Appeal, 8^th Section of Administrative and Fiscal Contentious, ordered the suspension of execution of Decision no. 62/24^th of May 2012 of ORDA (Romanian Copyright Office). Consequently, as from the 27^th of September 2012, the compensatory remuneration for private copy, collected by UPFR (Union of Phonogram Producers in Romania) and owed to performers, will be transferred to CREDIDAM (Romanian Center for Performers’ Rights Management).

In attention to the members of CREDIDAM

As from the 01^st of July 2012, NEW REGULATIONS of the Fiscal Code have come into effect – regarding the contributions of holders of copyright to the social security budget (pensions – CAS) and to the health insurance budget (CASS)

1. As from the 01^st of July 2012, CREDIDAM is bound, according to the Fiscal Code, to withhold and to transfer to the State budget the following contributions from the remunerations of holders of copyright:

1. 10.5%, (for pension – CAS) from the amount representing 85% from the distributed gross remunerations;
2. 5.5% (for health – CASS) from the amount representing 85% from the distributed gross remunerations;

Tax base = gross remunerations less expense representing the SHARE of CREDIDAM for the performance of its activity.

For the cases exempted by the law, the natural person holders of copyright will submit at the headquarters of CREDIDAM (Romanian Center for Performers’ Rights Management) an affidavit pertaining to the quality of person exempted from the payment of contributions by withholding, as follows:

1. pensioner;
2. employee / unemployed;
3. civil servant;
4. proof of income of the type mentioned in annexes B1 and B2;
5. any their documents certifying the capacity of person exempted from the social security and health insurance withholdings in accordance with annexes B1 and B2;

1. Exceptions:

1. Health. The cases for which PROOF can be submitted for exemption from the application of withholdings for social health insurances (CASS) can be found here (health annex B1).
2. Pensions. The cases for which PROOF can be submitted for exemption from the application of withholdings for social securities (pensions – CAS)  can be found
   here (pensions annex B2).

WARNING!!!
In case the proof submitted by you at the headquarters of CREDIDAM is not adequate, CREDIDAM is bound to perform the respective withholdings from your rights and to transfer to the State budget the amounts thus withheld. For the holders of copyright whose pensions are greater than Lei 740, CREDIDAM is bound to withhold the contribution of 5.5% for health insurances.

Cancellation of Decision no. 238/12th of August 2011 of the General Manager of ORDA

Further to the requests from more than 100 artists, who are CREDIDAM (Romanian Center for Performers’ Rights Management) members, we have addressed the court. On the 27^th of June 2012, the Bucharest Court of Appeal upheld the request of CREDIDAM and cancelled Decision no. 238/12^th of August 2011, in relation to which information such as: surnames, first names, gross amounts, tax, net amount collected from CREDIDAM etc., was posted on the website of ORDA (Romanian Copyright Office) (www.orda.ro)

On the 11^th of June 2012, in docket no. 3914/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, ordered the SUSPENSION AS OF RIGHT of the execution of Decision no. 56/07^th of May 2012 of ORDA (Romanian Copyright Office).

Consequently, as from the 01^st of January 2012, the payment of the remuneration owed by the ambient users will continue to be made to CREDIDAM.

Thank you for your solidarity.

Suspension of Decision no. 57/07th of May 2012 of ORDA

On the 29^th of September 2012, in docket no. 3913/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, ordered the SUSPENSION of execution of Decision no. 57/07^th of May 2012 of ORDA (Romanian Copyright Office).

Consequently, both the payment of the remuneration owed by radio station users, and the transmission of the playlists will continue to be made to CREDIDAM (Romanian Center for Performers’ Rights Management).

Thank you for your solidarity.

Suspension of Decision no. 18/05th of March 2012 of ORDA

On the 10^th of May 2012, in docket no. 2606/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, upheld the request of CREDIDAM ((Romanian Center for Performers’ Rights Management) and ordered the suspension of execution of Decision no. 18/05^th of March 2012 of ORDA (Romanian Copyright Office).

Consequently, the works of the Negotiation/Arbitration Commission pertaining to the negotiation of the “Methodology regarding the public communication of commercial phonograms or of the reproductions thereof, and/or of the artistic performances from the audiovisual domain, for ambient and lucrative purposes, and the tables listing the patriomonial rights of phonogram producers, of performers or players, for phonograms and for audiovisual” are suspended until the ruling of the court of first instance with regard to the request for cancellation of such decision.

Thank you for your solidarity.

Suspension AS OF RIGHT of Decision no. 39/21st of March 2012 of ORDA

On the 30^th of April 2012, in docket no. 3044/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, upheld the request of CREDIDAM (Romanian Center for Performers’ Rights Management), and ordered the SUSPENSION AS OF RIGHT of the execution of Decision no. 39/21^st of March 2012 of ORDA (Romanian Copyright Office).

Consequently, as from the 01^st of January 2012, the payment of the remuneration owed by ambient users will continue to be made to CREDIDAM.

Thank you for your solidarity.

CREDIDAM transferred the amounts recovered from televisions

This is to inform you that the transfer of the amounts recovered by CREDIDAM (Romanian Center for Performers’ Rights Management) in accordance with the Annex to the Resolution of the General Meeting of CREDIDAM no. 82/27^th of March 2014, was performed on the 29^th of May 2014. The information concerning the origin of the amounts, the quantum thereof, as well as the period for which they were recovered, is presented in detail in the mentioned Annex (document available on the website www.credidam.ro, at reports/2013/Res.82 section).

Suspension AS OF RIGHT of Decision no. 37/20th of March 2012 of ORDA

On the 25^th of April 2012, in docket no. 2898/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, upheld the request of CREDIDAM (Romanian Center for Performers’ Rights Management), and ordered the SUSPENSION AS OF RIGHT of the execution of Decision no. 37/20^th of March 2012 of ORDA (Romanian Copyright Office).

Consequently, the payment of the remuneration owed by radio station users in relation to the 1^st quarter of 2012 and the following will continue to be made to CREDIDAM.

Thank you for your solidarity.

Suspension of Decision no. 11/07th of February 2012 of ORDA

On the 20^th of March 2012, in docket no. 1724/2/2012, 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. 11/07^th of February 2012 of ORDA (Romanian Copyright Office). Consequently, as from the 20^th of March 2012, all the economic agents who use artistic performances for ambient/lucrative 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 decisions no. 305/29^th of December 2011 and no. 11/07^th of February 2012 of ORDA. Please resume the use of the facilities granted to you on www.credidam.ro.