Phonograms. Notion. Invoking the breach of rights of the phonograms manufacturers by selling some sound recordings as ringtones for the mobile phones. Conditions

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

According to the provisions of Article 103 para. 1 of the Law no. 8/1996, there may be two categories of phonograms, which are determined by the object of setting – setting the sounds resulting from an interpretation or execution or of other sounds, respectively the setting of the digital representation of these sounds – for which the requirement is imposed that the setting be different than the form of a setting incorporated in a cinematographic work or in other audio-visual work. If the ringtone is a digital representation of sounds, by means specific to the information society, in order to be able to claim that this a copy of a phonogram, the collective management body of the rights related to the phonograms manufacturers should own a setting of the digital representation of sounds. As such, since no copy (reproduction) took place followed by the distribution of the phonogram or a setting of the sound recording of sounds resulting from a musical performance, within the meaning of Article 14 of Law no. 8/1996 and no setting of the digital representation of these sounds was made, the claimant cannot claim the rights conferred by phonograms, protected under the provisions of Article 105 paragraph (1) letters a) and b) of Law no. 8/1996.