Wednesday, November 6, 2013

Setup of Production, Media, Film, Video/Audio Recording Company in Romania

Setting up a Romanian company specialized in the distribution of recorded media needs to follow a couple of different steps.
The first step is registering your company at the Trade Registry. In order to develop this type of activity the company’s object of activity needs to incorporate the following NACE Codes: 591 Production activities regarding Motion pictures, video and television programs, 5911 Post-production activities regarding Motion Pictures, video and television programs, 5912 Activities of distribution of cinematographic films, video and television programs, 5913 Motion pictures projection, 5914Audio recording and music publishing activities.
One of the most important things that need to be taken into consideration when starting a company in this domain is that these types of productions are protected by the law regulating copyright. According to Romanian legislation original cinematographic productions and musical creations of any kind are subject of copyright. This means that the author of these creations is the one to decide whether the creation can be made public, if the creation can be altered, the name under which the original creation will be made public, and also the author of the original creation is the one who will be compensated in case his rights are violated.
Copyright gives the author financial rights that arise from his/hers original work. So the reproduction, distribution, renting, elaboration of derivative works give financial rights to the author of the original work.
When it comes to the production and distribution of motion pictures there are special regulations to be taken into account.  Any person or legal entity that operates in the industry needs to be registered in a special Register held by the National Centre for Cinematography. Here are some of the documents needed for the registration – for private persons that operate in this industry:
a) Permit of residence issued by the mayor in accordance with the law regulating organization of economic activities by individuals, coded according to NACE codes;
b) Certificate of registration at the Trade Register;
c) Proof of payment of legal fee for registration in the Register of cinema and for the release the certificate of registration;
- For Companies operating in this industry;
a)           Articles of incorporation incorporating the correspondent NACE Codes and any legal documents showing that cinema activities are to be undertaken by the legal entity ;
b)            certificate of registration at the Trade Register and certificates of references;
c)            Proof of  payment of legal fee for registration in the Register of cinema and for the release the certificate of registration;
The legal entities and persons operating in the motion picture industry need to follow the following rule: each film projection which is operated for public sale or rental in Romania is to be classified according to the law prior to its first communication to the public.This is necessary in order to protect the viewing public, especially minors.
 Movies of any kind, recorded on any medium which will be communicated to the public by sale or public projection, rentalin Romania will be classified into the following categories:
a) General audience films, indicated by the marking AG;
b) Films can be viewed by children under 12 years, only with the parents’consent, indicated by the marking AP -12;
c) Moviesthat are not recommended for young people under 15, indicated by the marking N -15;
d)banned  films for minors , indicated by the marking IM-18;
e) Banned movies for minors and public screenings, indicated by the marking IM -18-XXX;
f) Banned films for communication, indicated by the marking IC
The category in which the film is placed by the Motion Picture Classification Commission will be brought to the attention of the general public by a distinctive inscription indicating the category in the appropriate size and format provided by the law, as follows:
a)In the credits the movie for at least 4 seconds, in static form;
b) On the movie poster and theater programs;
c), applying on the cover of thetape, DVD, CD, labels issued by Service of Classification of the Registry of Cinema if they are to commercialized or rented.
d) On the ticket of entrance into the cinema.
When it comes to the distribution of movies and music the provision of the law regulating copyright need to be followed. In order to do so the company that wants to distribute movies and musical products needs to obtain approval from the Romanian Office of Copyright. This governmental organization has the role of regulating, keeping a correct evidence of the persons that are protected by copyright by elaborating  national registries, surveillance, licensing, arbitration in the technical-scientific field of copyright and related rights in Romania.
The Romanian Office of Copyright authorizes different associations ofcollective management of copyright among which the Union of Composers and Musicologists of Romania, an organization specialized in the protection of the rights of composers and musicologists in Romania.  The Romanian Office of Copyright is the one to establish the fees that need to be paid for the use and distribution of musical products.

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