{"id":7690,"date":"2024-06-27T07:45:39","date_gmt":"2024-06-27T07:45:39","guid":{"rendered":"https:\/\/fihr.ro\/?post_type=stire&#038;p=7690"},"modified":"2025-03-16T07:47:00","modified_gmt":"2025-03-16T07:47:00","slug":"asociatia-corect-si-industria-horeca-ridica-in-discutie-publica-nevoia-urgenta-pentru-un-sistem-transparent-de-colectare-a-remuneratiilor-pentru-drepturi-de-autor-si-drepturi-conexe-2","status":"publish","type":"stire","link":"https:\/\/fihr.ro\/en\/stire\/asociatia-corect-si-industria-horeca-ridica-in-discutie-publica-nevoia-urgenta-pentru-un-sistem-transparent-de-colectare-a-remuneratiilor-pentru-drepturi-de-autor-si-drepturi-conexe-2\/","title":{"rendered":"CORECT Association and HoReCa industry raise public discussion on the urgent need for a transparent system for collecting royalties for copyright and related rights"},"content":{"rendered":"<p><strong>Bucharest, 26.06.2024 \u2013\u00a0<\/strong>The CORECT Association and representatives of the hospitality industry - the Federation of Hospitality Industry Employers in Romania (FPIOR), the Romanian Hotel Industry Federation (FIHR) and the Romanian Hotel and Restaurant Employers&#039; Organization (HORA) are raising an alarm on the subject of establishing methodologies for collecting remuneration for copyright and related rights by the associations UPFR, CREDIDAM, DACIN SARA, UPFAR-ARGOA, UCMR-ADA and ADPFR.<\/p>\n<p>The HoReCa industry demands a reform of the way collective management bodies calculate their remuneration and representativity, with a focus on transparency, fairness and efficiency. The stakes are high \u2013 the huge sums collected by these bodies, over 65 million euros last year alone, from users in Romania, for the most part do not even reach the rights holders \u2013 the authors, artists, producers and directors whose work is used, the system working more for the benefit of collectors than for that of creators, and any attempt at transparency is systematically blocked. Efforts to update these methodologies enter a new stage of stagnation following the decision of 19 June 2024, when the first trial term at the Bucharest Court was postponed by four months, due to the impossibility of subpoenaing one of the collective management bodies,\u00a0<strong><em>ADPFR<\/em><\/strong>, at one of the well-known headquarters.<\/p>\n<p>&quot;The recent decision is a deliberate delaying tactic, aimed at maintaining the old methodologies, which are not in line with current legislation and CJEU rulings, for as long as possible. The five collective management bodies, which collect remuneration on behalf of several associations of copyright and related rights holders, have created a parallel system of taxation for entrepreneurs in Romania, especially SMEs, which is more complex and difficult to understand than many chapters of the Fiscal Code. The frustration of HoReCa entrepreneurs has reached its maximum with these OGCs that the legislation has transformed into gatekeepers and that no one can control anymore,&quot; says Hora\u021biu Valer Coldea, president of the CORECT Association.<\/p>\n<p>Among the problems that have persisted for years are:<\/p>\n<ul>\n<li>Improper collective management: applying mandatory collective management in areas where the law provides for optional management<\/li>\n<li>Lack of proportionality: ignoring the real proportion of repertoire use in setting remuneration<\/li>\n<li>Unfair pricing: applying the same prices to accommodation units of very different sizes<\/li>\n<li>Excessive penalties: maintaining penalties well above legal limits<\/li>\n<li>The enormous difference between the remuneration values collected in Romania and those collected by collective management organizations in the rest of Europe.<\/li>\n<\/ul>\n<p>In this context, the Competition Council announced that it is conducting a sectoral investigation targeting collective management organizations in Romania, especially since there are many areas in which tariffs were not negotiated but imposed, violating Romanian law and the competition rules set out in Articles 101 and 102 of the Treaty on the Functioning of the European Union. This investigation, considered necessary for a long time, can bring to light the practices that have maintained this dysfunctional system to the detriment of the industry and content creators. With a next trial scheduled for October 2024 and the Competition Council\u2019s investigation underway, the HoReCa industry and the creative community raise the urgent need for a transparent, fair and 21st century system for collecting royalties for copyright and related rights.<\/p>\n<p>Although the procedural stages of negotiating new methodologies resumed in October 2023, the fundamental issues and discussions on how to calculate the remuneration and representativeness of collective management organisations have persisted for at least 20 years, and these come with a strong resistance to change. In addition, significant changes in legislation and case law in recent years have brought more complexity to the situation.<\/p>\n<p>&quot;The change in legislation in 2019, 2022 and the recent decisions of the European Court of Justice have created the premises for a reform to which collective management organizations are resisting and making efforts to maintain the status quo for the outdated, non-transparent and unfair system they apply,&quot; adds Hora\u021biu Valer Coldea.<\/p>\n<p>The hospitality industry supports, in this way, a much-needed and urgent reform, continuing the legal and administrative battle because it cannot afford to tolerate this state of affairs, only for a narrow group of interests of the entities UPFR, CREDIDAM, DACIN SARA, UPFAR-ARGOA, UCMR-ADA and ADPFR.<\/p>","protected":false},"featured_media":7691,"template":"","format":"standard","meta":{"_acf_changed":false,"_eb_attr":"","_wpscp_schedule_draft_date":"","_wpscp_schedule_republish_date":"","_wpscppro_advance_schedule":false,"_wpscppro_advance_schedule_date":"","_wpscppro_dont_share_socialmedia":null,"_wpscppro_custom_social_share_image":0,"_facebook_share_type":"default","_twitter_share_type":"default","_linkedin_share_type":"default","_pinterest_share_type":"default","_linkedin_share_type_page":"","_instagram_share_type":"default","_medium_share_type":"default","_threads_share_type":"","_google_business_share_type":"","_bluesky_share_type":"","_mastodon_share_type":"","_selected_social_profile":[],"_wpsp_enable_custom_social_template":false,"_wpsp_social_scheduling":{"enabled":false,"datetime":null,"platforms":[],"status":"template_only","dateOption":"today","timeOption":"now","customDays":"","customHours":"","customDate":"","customTime":"","schedulingType":"absolute"},"_wpsp_active_default_template":true},"class_list":["post-7690","stire","type-stire","status-publish","format-standard","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/fihr.ro\/en\/wp-json\/wp\/v2\/stire\/7690","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fihr.ro\/en\/wp-json\/wp\/v2\/stire"}],"about":[{"href":"https:\/\/fihr.ro\/en\/wp-json\/wp\/v2\/types\/stire"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fihr.ro\/en\/wp-json\/wp\/v2\/media\/7691"}],"wp:attachment":[{"href":"https:\/\/fihr.ro\/en\/wp-json\/wp\/v2\/media?parent=7690"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}