NEGOTIATION OF REMUNERATION PAYABLE TO PERFORMERS AND PHONOGRAMS PRODUCERS FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIOVISUAL ARTISTIC PERFORMANCES.

Given that certain categories of authors’ rights or neighboring rights holders do not exercise them individually, but is mandatory collective management by collecting societies, as CREDIDAM - art. 1231 of the Romanian Copyright Law no.8/1996 provides for the categories of rights that requires mandatory collective management, including, in letter f) recognized the right to equitable remuneration of performers for communication to the public and broadcasting of commercial phonograms or reproductions thereof, stipulating the art. 1231 par.2 that collecting societies, for these two categories of rights, are representing also the rights holders who have not given the mandates to them. The mandate given by right holders, members of CREDIDAM, is thus extended to non-members, Romanian and foreign performers, that can benefit from equitable remuneration as required by art.146 d) of Romanian Copyright Law and art.12 of the Rome Convention – the latter article providing that “if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used directly for broadcasting or for any communication to the public, a single equitable remuneration shall be paid by the user to the performers, or to the producers of the phonograms, or to both.