Commission urges ROMANIA to ensure proper application of the mandatory collective management system

The Commission has decided to send a letter of formal notice to Romania over the failure to notify complete implementation of EU rules on the mandatory collective management system of musical works. The Commission considers that the Romanian law fails to comply with the Directive on the harmonisation of certain aspects of copyright and related rights in the information society (Directive 2001/29/EC) and Collective Rights Management Directive (Directive 2014/26/EU). Under the EU law, authors can authorise or prohibit the communication to the public of their work. However, under the Romanian law, authors have no choice but to leave the management of their right of communication to the public of musical works to a collective management organisation. This leads to a deprivation of author's exclusive right to communication to the public which, in the Commission's view, is not justified under EU law. Romania has now two months to reply to this letter.

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