RomaniaLegea nr. 8/1996 privind dreptul de autor și drepturile conexe, art. 94^1, Press Publisher Neighbouring Right, inserted by Legea nr. 69/2022
Legea nr. 69/2022 art. I pct. 21, inserting art. 94^1 into Legea nr. 8/1996 privind dreptul de autor și drepturile conexe, republicată (Monitorul Oficial nr. 321 din 1 aprilie 2022), transposing Directive (EU) 2019/790 art. 15
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://legislatie.just.ro/Public/DetaliiDocumentAfis/253526In force since .
A press publishers' right rule binding private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you are an information-society service provider, obtain the authorisation of the press publisher before reproducing its press publications online (directly or indirectly, temporarily or permanently, in whole or in part) or making them available for individual access at a time and place the public chooses (art. 94^1(1)).
- You need no authorisation for private or non-commercial use by individual users, hyperlinks or reporting of simple facts, or individual words or extracts of up to 120 characters, provided the use does not undermine the right's effectiveness or substitute for the publication (art. 94^1(2)).
- The right expires two years after 1 January of the year following the publication's own publication date (art. 94^1(5)), and the right in art. 94^1(1) does not apply to a press publication first published before (Law 69/2022, art. IV(3)).
These lines are LexLint's reading of the law's text. Also read by: Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CJ0797
- Case citation
- Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber)
- Open questions
- Does a headline with a snippet of up to 120 characters 'afectează eficacitatea drepturilor' or lead the public 'să nu mai acceseze publicația de presă' under art. 94^1 alin. (2) lit. c) din Legea nr. 8/1996, when it conveys a news item's key facts?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as 'utilizarea online' of a press publication by an information society service provider in art. 94^1 alin. (1), the questions referred to the Court of Justice in Case C-250/25?
What this law does
Law 69/2022, adopted and published in the Official Gazette (Monitorul Oficial) number 321 of , inserted this right.
A press publisher holds the exclusive patrimonial right to authorize or prohibit an information-society service provider's online use of its press publications, through reproduction (direct or indirect, temporary or permanent, in whole or in part) and through making them available to the public so that they can be accessed individually at a place and time chosen by the public, per art. 94^1(1).
The right does not apply to private or non-commercial use by individual users, to hyperlinks or reporting of simple facts, or to the use of individual words or extracts of up to 120 characters that does not undermine the right's effectiveness or substitute for the publication, per art. 94^1(2).
It does not override the rights of authors or other rights holders whose works are incorporated into a press publication, per art. 94^1(3), and it expires two years after 1 January of the year following the publication's own publication date, per art. 94^1(5).
An author whose work is incorporated in a press publication is entitled to an appropriate share of the publisher's revenue from this right, per art. 94^1(6), and where an author has transferred a right or granted a licence to a press publisher, that transfer or licence itself entitles the publisher to a share of the compensation for a use of the work made under a copyright exception, per art. 94^2.
The right in Article 94^1(1) does not apply to a press publication first published before , per Article IV(3) of the amending act.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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