IMM Romania supports the introduction of a single collector, a single licence and a unified remuneration methodology, in the observations submitted on the draft law on the reorganisation of public authorities in the cultural field and the amendment of Law No. 8/1996, with the aim of reducing bureaucracy and maximising the revenues of rights holders.
According to a press release sent to AGERPRES, IMM Romania is calling, among other measures, for the dissolution of the Romanian Copyright Office (ORDA) and the reorganisation of the Ministry of Culture through the transfer of all the rights and obligations of this body.
At the same time, representatives of the organisation are requesting the rapid designation of a single joint collecting body for all fields of creation and all categories of copyright, as also provided for in Directive 2014/26/EU, in order to simplify and make the remuneration collection system more efficient.
The employers' organisation is also calling for the reduction of the deadline for the operation of the new joint collecting body from a maximum of three years, as provided for in the draft, to a maximum of three months from the entry into force of the amended law, as well as for the removal of the two interim joint collectors scheduled to operate within 60 days of the law's entry into force, which would collect remuneration until the joint collecting body becomes operational.
"The European directive aims to reduce administrative costs. The existence of two separate administrative structures for the same collection activity leads to increased operating costs for CMOs (Collective Management Organisations - ed.), thereby reducing the funds that actually reach artists. Implementing a single collector is the only effective solution for simplifying the administrative burden on businesses and maximising revenues for rights holders," the document further states.
IMM Romania also seeks the introduction of a single licence issued by a single joint collecting body for all fields of creation and all categories of copyright, in order to simplify and streamline the collection process, as well as the implementation of a single procedure for issuing all non-exclusive licences.
In addition, the organisation is calling for the establishment of a single remuneration payable by users to a single joint collecting body, covering all fields of creation related to copyright.
"Remuneration must be reasonable in relation to the economic value of the use of the rights concerned, taking into account the characteristics and the extent of the use of protected works. For most of our members, music is an ancillary background element, not the main product generating revenue. The economic value of music in a shop, means of transport or accommodation facility is marginal compared to that in a club," the release further mentions.
As a result, fees for certain categories of economic activity should be significantly lower than those applied to clubs; otherwise, many entrepreneurs will give up playing background music in shops, the source notes.
According to Law No. 367/2022 on social dialogue, nationally representative employers' confederations are social dialogue partners whose purpose is to defend the interests of member companies, which represent more than 80-90% of paying users. Therefore, the involvement of employers' organisations in negotiating remuneration methodologies will ensure the maintenance of a balance between payers and beneficiaries, the organisation's representatives argue.
IMM Romania is also requesting the inclusion in the draft law of a provision limiting excessive penalties applied in cases involving background music.
"At present, approved methodologies contain penalty clauses requiring users to pay triple the remuneration in the absence of authorisation, a punitive practice that goes beyond the compensatory framework of civil law and Directive 2004/48/EC on the enforcement of intellectual property rights," the press release concludes.
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