The creation of a work of any kind is an intellectual activity performed by a natural person, the only susceptible person who can perform this activity, which may have the quality of author. According to Law 8/1996 on copyright and related rights, copyright is granted to both a natural person and several natural persons, being considered a primary subject, more precisely original, of the copyright creator of a certain work, the author middle ground. Thus, it is noted that a work can have a single author, as well as several authors who contributed to its creation. 1
Copyright is closely related to the person who made the creation, being attributed some attributes related to the moral order, as well as the parimonial one.
Copyright is a matter of fact, while the subject matter of copyright meets issues of law. In conclusion, the two qualities do not necessarily concern the identity of a person, this identity being subordinated to certain situations.
In other words, regarding the contribution to the realization of the work, each person who participates must meet certain requirements that are provided in Law no. 8/1996 for the author (art. 3 and art. 4). 2
The joint work represents the common fruit of the activity of several co-authors who are collaborating, of which only one is the main author.
In this category of works, one cannot speak of the quality of co-author attributed to a painter or writer. Copyright is a complex right, composed of moral and patrimonial rights, and the interpretation of the text emphasizes the fact that the copyright belonging to the co-authors jointly does not facilitate the exercise of faculties that form the content of these rights.3
Being subject to copyright, the co-authors will also exercise the prerogatives of copyright together. Being subjects of copyright, the co-authors will also exercise the prerogatives of copyright together.4
In the case of the indivisible joint work, a rule works, that of humanity, more precisely in the absence of a contrary convention, the co-authors can use the work only in the case of a common agreement. Each party may request the protection of the work if it is used without right.5
In the case of the divisible joint work, each collaborator who participated in the realization of this work is the author of the part he created, at the same time, and co-author of the joint work as a whole. 6
If the work is completely indivisible, the rights granted to the authors will not be found in relation to each other, in terms of the proceeds resulting from the theatrical performances, they will be divided normally and equally between them. 7
In case of death of one of the collaborators and expiration of the term of use… .8
content
General notions
Common work
Indivisible common work
Divisible common work
1. University lecturer dr. Jucan Coduţa, Course notes - INTELLECTUAL PROPERTY LAW
2. Yolanda Eminescu, Copyright, Lumina Lex Publishing House, 1997
3. Viorel Ros, Dragos Bogdan, Octavia Spineanu - Matei, Copyright and related rights. Treatise, Ed. All Beck, 2005
4. Yolanda Eminescu, Copyright, Lumina Lex Publishing House, 1997
5.Reader univ. dr. Jucan Coduţa, Course notes - INTELLECTUAL PROPERTY LAW
6. Viorel Ros, Dragos Bogdan, Octavia Spineanu - Matei, Copyright and related rights. Treatise, Ed. All Beck, 2005
7.Reader univ. dr. Jucan Coduţa, Course notes - INTELLECTUAL PROPERTY LAW
8. Viorel Ros, Dragos Bogdan, Octavia Spineanu - Matei, Copyright and related rights. Treatise, Ed. All Beck, 2005
