In attention to Internet Operators,
According to ORDA Decision no. 55 of the 19th of May 2014 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 on the 11th of June 2013 of the Bucharest Court of Appeal– 9th Civil Section, and for the cases regarding intellectual property, labour and social insurance disputes, pronounced in the File no. 8.772/2/2011
As a result of the Arbitration Panel regarding the substantiation of the final text of the Methodology on the equitable remuneration due to performers and to producers of phonograms for the public communication of commercial phonograms or reproductions thereof via the Internet or other data communication networks
The Users (Any natural or legal person that communicates commercial phonograms to the public through online or mobile services, being responsible for the content of the website) have the obligation to obtain the authorisation / non-exclusive license from CREDIDAM.
IMPORTANT! Regarding the methodologies now in force, they have been updated/modified „ope legis” starting with April, 4th, 2022 (when Law no.69/2022 for amending Copyright Law no.8/1996, came into force). They are still valid and shall apply except the any provisions contrary to art.164 para.2 and art.165 para.9/1 from Law no.8/1996. For details, you can consult the reply letter sent by the Romanian Copyright Office in this regard.
In order to obtain the licenses, the user must ask CREDIDAM to issue such licenses at least 10 days before making the public communication through the online or mobile services of the commercial phonograms.
Means of payment:
- Into the account having IBAN CODE: RO02INGB0001000152938948 opened with ING BANK. –1st District branch
- From your mobile phone, using the BCR – TOUCH 24 application, by following the steps below:
Operations → Invoice payment → Others → CREDIDAM
License granting procedure
Forms valid from April 4th 2022.
- Fill in the authorisation application and the license form;
- Mail the signed and sealed application in 2 original counterparts, the signed and sealed license in 2 original counterparts, and 1 copy of each of the following documents:
- The ID card or the incorporation certificate and/or the F.I.N.;
- The proof of the Internet domain name registration;
- Indicate the mobile network used for the public communication of the commercial phonograms;
The above mentioned documents may also be submitted in PDF or another similar format by e-mail to: firstname.lastname@example.org
The users of commercial phonograms are required, by the 20th day of each month for the previous month, to submit to CREDIDAM a report containing:
- The total number of commercial phonograms posted on the website or publicly communicated through mobile telephony services during one calendar month, the title, the performer and the number of listening times/phonograms, as well as the type of use;
- The total number of public communications (listening times) / month;
REMUNERATION AND PENALTIES
- The remuneration for the communication to the public of commercial phonograms to be found on the storage media available on User’s website (URL), consisting of their listening (streaming) without generating any pecuniary advantage (revenues) for the users:
|No. of phonograms||1-20||21-200||201 – 1.000||Over 1.000|
|Monthly remuneration||RON 5||RON 7||RON 10||RON 20|
- In the case of users offering over 200 phonograms for streaming, to the remuneration for each tranche of 300,000 monthly listening times (streamings) a remuneration equivalent to the one set out in the table above shall be added.
- A monthly remuneration of RON 4 is due for the use of commercial phonograms as background music, regardless of how many times the website has been accessed, or of the commercial or non-commercial character of the webpage, provided that in one month no more than 3 commercial phonograms are used as background music, otherwise the remuneration in the table above is to be paid.
- The remuneration for the communication to the public of commercial phonograms to be found on the storage media available on User’s website (URL), consisting of their listening (streaming) by the public, and pecuniary advantage (revenues) for the users:
|No. of monthly listening times (streamings)|
|< 300.000||300.001 – 600.000||600.001 – 1.000.000||>1.000.001|
|No. of monthly used phonograms|
|1 – 500||50 lei||100 lei||150 lei||200 lei|
|501 – 1.000||75 lei||150 lei||225 lei||300 lei|
|Over 1.000||100 lei||200 lei||300 lei||400 lei|
- The remuneration shall be paid on a monthly basis, until the 25th of the first month following the one for which it is due, into the account RO20INGB0001000152938915 ING BANK.
IMPORTANT! Starting with April 4th 2022 (the date of entry into force of Law no.69/2022) a penalty equal to the statutory interest shall apply.
- Landline: 021/307.92.00 – Extension 115 | Mobile: 0733.083.398 | Fax: 021/318.58.13
- E-mail : email@example.com
- Contact: Nelea BOGĂTIREȚ