In attention to Internet operators,
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Decision no. 55/19th of May 2014 of ORDA regarding the publication in the Official Gazette of Romania, Part I, of the Civil Judgment no. 118A of the 18th of June 2013 and of the court resolution of the 11th of June 2013 of the Bucharest Court of Appeal – 9th Civil Section and for cases pertaining to intellectual property, labour conflicts and social securities, issued in Docket no. 8.772/2/2011
Pursuant to the Arbitration Commission regarding the establishment of the final form of the Methodology regarding the fair remuneration owed to performers or players and to phonogram producers for the public communication of the commercial phonograms or of the reproductions thereof on the Internet or on other data communication networks
The users (Any natural person or legal entity which communicates to the public commercial phonograms by means of online or mobile services, being liable for the contents of the website) will obtain from CREDIDAM the non-exclusive authorisation/license.
Procedure for obtaining the license
In the view of obtaining the licenses, the user will request to CREDIDAM the issuance thereof with at least 10 days before the performance of the public communication of commercial phonograms by means of online or mobile services.
- Fill in the authorisation request and the license form ;
- 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:
- Identity document or the company’s certificate of incorporation and/or the tax registration certificate;
- Proof of reservation of the Internet domain;
- Indication of the mobile network used for the public communication of commercial phonograms;
The above mentioned documents may be sent in pdf or similar format, at e-mail: email@example.com
SUPPLY OF INFORMATION
The users of commercial phonograms are asked to communicate to CREDIDAM, by the 20th of each month, for the previous month, a report containing:
- The total number of commercial phonograms posted on the website or communicated publicly by mobile telephony services, during a calendar month, the title, the performer and the number of listeners/phonogram, as well as the type of use;
- The total number of public communications (auditions)/month;
REMUNERATION AND PENALTIES
- The remuneration for the public communication of commercial phonograms on storage media available on the user’s website (URL), consisting of the listening thereof by the public, without any revenues generated for the users:
|No. of phonograms||1-20||21-200||201-1,000||Over 1,000|
|Monthly remuneration||Lei 5||Lei 7||Lei 10||Lei 20|
a) In the case of users who stream more than 200 music works, a remuneration equivalent with the one established in the table above will be added for each tranche of 300,000 monthly auditions.
b) For the use of commercial phonograms as ambient music, a monthly remuneration amounting to Lei 4 is owed, irrespectively of the number of website views, or of the commercial/non-commercial nature thereof, provided that during one month, no more than 3 commercial phonograms are used as ambient music; otherwise, the users will pay the remunerations stipulated in the table above.
2. The remuneration for the public communication of commercial phonograms on storage media available on the user’s website (URL) consisting of the listening thereof by the public, with revenues generated for the users:
|No. of monthly auditions|
|No. of monthly used phonograms|
|1-500||Lei 50||Lei 100||Lei 150||Lei 200|
|500-1,000||Lei 75||Lei 150||Lei 225||Lei 300|
|Over 1,000||Lei 100||Lei 200||Lei 300||Lei 400|
3. The remunerations will be paid until the 25th of the month following the month for which they are owed, in account RO20INGB0001000152938915 – ING BANK. For payment delays, the users owe, according to the methodologies in force, penalties equivalent with 0.15% per day of delay.
- Phone: 021/307.92.00 – Interior 115 | Mobil: 0733.083.398 | Fax: 021/318.58.13
- Email : firstname.lastname@example.org
- Contact: Călin IONIȚĂ