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Copyright Cybercrimes in

Romania:
prevention through regulations

by Raluca MOLDOVAN
Lawyer Bucharest Bar

What is copyright?
= a legal term which designates the rights recognized to
creators of literary, artistic or scientific work or any other
works of intellectual creation (Romanian Office of
Copyright ).
non-property and property rights

Which law protects it?


Law no. 8 from 1996 on copyright and neighboring rights
Art. 1396, 1398, 1399, 140, 141, 1411 and 143.

What is protected?
literary
artistic
scientific

work
other works of intellectual creation

regardless of public
disclosure, by the mere fact of
its creation, even in the
unfinished form

Ex:
literary and journalistic writings, lectures, pleadings, scientific works
(written or oral), university textbooks, scientific projects and
documentation, musical compositions with or without words,
cinematographic works, works of architecture etc.

translations, adaptations, annotations, documentary works,


encyclopedias, anthologies and collections and compilations of
protected or unprotected material or data, including databases etc.

What is not protected?

the ideas, theories, concepts, scientific discoveries, procedures,


methods operation or mathematical concepts and inventions,
contained in a opera, whatever the manner of adoption, writing,
explanation or expression
official texts of a political, legislative, administrative, judicial and
their official translations
official symbols of the state, public authorities and organizations,
such as emblem, coat of arms, seal, flag, symbol, badge,
nameplate and medal
means of payment
news and press information
simple facts and data

Elements of the offence


The protected social value and social relations
The material object of the offence
The active crime subject / the passive crime subject
The required form of guilt
The immediate result
The causal connection between the action and the
immediate result

Art. 1399 from Law 8/1996


It shall be an offence and punishable with
imprisonment for 6 months to 3 years or
with a fine, the unauthorized reproduction
on computer systems of computer programs
in any of the following modalities:
installation, storing, running or execution,
display or transmission in the domestic
network.

Art. 1399 from Law 8/1996


Reproduction modalities are expressly mentioned:
installation
storing
running or execution
display
transmission in a domestic network
Refers to: computer programs in general (also phone applications
that arent free).
Note: Sharing is not mandatory to commit the offence!

Conclusions
Cybercrimes affects authors daily
Main protection is given through legislation
In order to progress in one domain, protection is
needed
Respect for other peoples intellectual work is crucial
in protecting their rights

Thank you!