LAW No. 139

LAW No. 139 of 02-07-2010 (Repealed by LP230 of 28.07.22)

LAW No. 139 of 02-07-2010 on copyright and related rights


În vigoare din data de 2011-01-01

Articol 9
Copyright. Presumption of authorship and the symbol of copyright protection

(1) The natural person under whose name the work is first published shall, in the absence of proof to the contrary, be deemed to be the author.


(2) Where the work has been published anonymously or under a pseudonym which does not enable the author to be identified, the publisher whose name appears on the work shall, in the absence of proof to the contrary, be deemed to be the author's representative and shall be entitled to protect and exercise the author's rights.


(3) The natural or legal person whose name or designation appears on an audiovisual work, videogram or phonogram shall, in the absence of proof to the contrary, be considered the producer of the audiovisual work, videogram or phonogram in question.


(4) In order to inform the public about his rights, the copyright owner shall use the copyright protection symbol, which shall be applied on each copy of the work and shall consist of three elements:


a) the Latin letter "C" enclosed in a circle;


b) the name or designation of the exclusive copyright owner;


         c) the year of first publication of the work.

(5) The use of the copyright protection symbol shall not be a condition for granting the work the protection provided for by this Law.


(6) The owner of the exclusive copyright on a published or unpublished work may register it in the official state registers during the term of copyright protection.


(7) The person whose work has been registered shall be issued with a certificate of the prescribed model.  In accordance with art. 5 para. (2) and with para. (1) of this article, this certificate cannot serve as a presumption of paternity. In case of dispute, the court may recognise the registration as a presumption of authorship unless the contrary is proved.


(8) State registration of works protected by copyright and related rights shall be carried out by AGEPI in accordance with the regulation approved by the Government.