To the attention of phonogram producers
Law no. 8/1996 republished, with its further amendments, provides in article 103 the conditions and way of calculating the annual supplementary remuneration (ASR) payable by phonogram producers to performers.
Article 103 – excerpt
… (5) If the assignment contract provides for the right of the performer to a single remuneration, he/she shall be entitled to receive additional annual remuneration from the phonogram producer for each whole year immediately following the 50th year since the statutory publication of the phonogram or, in the absence of such publication, the 50th year after its legal communication to the public.
(6) The right to obtain an additional annual remuneration cannot be waived by the performer.
(7) The total amount that the phonogram producer must allocate for the payment of the additional annual remuneration provided for in paragraph (5) corresponds to 20% of the revenues the phonogram producer obtained in the year preceding the year for which the remuneration is paid, from the reproduction, distribution and making available of the phonograms, after the 50th year since the phonogram was legally published or, in the absence of such publication, after the 50th year since its legal communication to the public.
(8) The producers of phonograms must provide, on request, to the performers who are entitled to the payment of the additional annual remuneration any information necessary to ensure the payment of that remuneration.
(9) The right to obtain the additional annual remuneration, as stipulated in paragraph (5) is managed by the collective management organisation.
(10) If a performer is entitled to a gradually paid remuneration, neither advance payments nor reductions defined in the contract shall be deducted from the payments made to the artist after the 50th year since the legal publication of the phonogram or, in the absence of such publication, after the 50th year since its legal communication to the public.
By Decision no.32/2018, CREDIDAM is designated by ORDA as the sole collector for the annual supplementary remuneration due by phonogram producers to performers.
Decision no. 32/2028 for the publishing in the Official Gazette of Romania Part I of the Protocol regarding the designation of CREDIDAM as collector of the annual supplementary remuneration due by phonogram producers to performers and its distribution to the beneficiary collective management organizations (Official Gazette Part I no. 253/22 March 2018).
No license is issued for the ASR.
Phone: 021/307.92.00 – Extension 112 | Mobile: 0727.739.421 | Fax: 021/318.58.13
E-mail: florin.silaghi@credidam.ro
Contact: Florin SILAGHI
More about ASR….
The annual supplementary remuneration was introduced in 2011 after Europe had decided to extend the term of protection for music recordings from 50 to 70 years. This means that record labels enjoy an extra protection of 20 years and musicians who can count on a royalty fee can enjoy revenues for 20 more years. (Session) musicians who received a one-off payment by their producers, were, however, excluded.
In order not to exclude any musician, the 2011 Directive provides that record labels should do this by yearly transferring 20% of the revenues coming from their recordings to the collecting societies that represent these musicians. CREDIDAM obtained the official mandate to collect and distribute this remuneration in Romania.