Action for payment of the royalty. The entitlement of the holder of the copyright to file a direct action against the seller, if the management through the agency of the collective management body is mandatory

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

Neither in the case of mandatory collective management, nor in the case of optional collective management, the individual management is excluded, since article 1231 of the law, governing the cases in which the collective management is mandatory, does not contain any derogation from article 123 paragraph 1 in terms of limitation or even of the impossibility of exercising patrimonial rights by the holder himself, instead, it only explains the conditions for granting the mandate. In the event that any derogation had been intended from the rule of the holder’s right of option in the case of mandatory collective management, this aspect would have expressly been provided for, given that the derogation should be express.