Software / Computer Program Copyright Registration?
If you are developing software or a computer program, you are in the right place!
Registering software with ORDA (Romanian Copyright Office) is a critical step in safeguarding copyright over computer programs. This process provides creators with official legal recognition of their authorship and helps prevent unauthorized use or infringement of their rights.
Furthermore, the registration of entities (whether individuals or companies) involved in the commercialization of computer programs, as well as the programs themselves, is a legal requirement, not an option. Failure to comply with the obligations outlined in this article may result in fines.
Find out more:
What happens if I do not register with RNPC?
Registering computer programs with RNPC is mandatory.
1. What is ORDA? Download Software Contract.
ORDA is a public institution in Romania, operating under the authority of the Government, whose primary responsibility is the administration and protection of copyright and related rights. It plays a crucial role in the management of intellectual property within the country.
ORDA's key functions include the registration of works protected by copyright, such as literary works, musical compositions, computer programs, and films. By issuing registration certificates, ORDA provides authors with official proof of authorship, thereby preventing potential legal disputes. Additionally, ORDA oversees copyright and related rights, ensures compliance with applicable legislation, and takes action in cases of copyright infringement within its jurisdiction.
Another significant responsibility of ORDA is the supervision of collective management organizations, which handle the collection and distribution of royalties derived from the use of protected works, such as music or films. ORDA also offers guidance and advice to authors and users on copyright matters, supporting the understanding and application of the relevant legal framework.
Furthermore, ORDA contributes to international cooperation in copyright issues by participating in global initiatives and implementing international treaties within Romanian legislation.
This institution is vital in safeguarding creativity and the rights of creators, ensuring they receive appropriate recognition and compensation for their works. Should you need to register a work or gain a better understanding of your rights as an author, ORDA is the primary authority to consult.
Among its many duties, ORDA is also responsible for managing the National Register of Computer Programs (RNPC).
2. What is RNPC? Ask a Lawyer.
RNPC is a managed database that contains the official record of computer programs registered in Romania, as well as the entities that produce or commercialize them. This register serves as a vital tool for the protection of copyright in software, offering authors and rights holders legal recognition and official proof of the origin of computer programs.
The National Register of Computer Programs is structured as an electronic database and plays an essential role in the management and monitoring of software-related activities in Romania. It is organized into several sections, each designed to address specific aspects of the production, distribution, and commercialization of computer programs:
The section for computer program producers, which registers entities that develop software in Romania, either for commercial purposes or other uses.
The section for computer program importers, which includes entities responsible for importing software from abroad for use or distribution within the Romanian market.
The section for computer program distributors, which records companies or individuals engaged in the distribution of software, whether to retailers or directly to end users. Similarly, the section for computer program vendors lists entities that sell software through specialized stores or other authorized sales outlets.
A section dedicated to registering computer programs, where detailed information about each protected software is recorded, including the necessary documentation to substantiate authorship and copyright claims.
The section for mentions, deletions, withdrawals, and sanctions, recording any changes, including updates, deletions of entries, or the imposition of sanctions for non-compliance with regulations.
3. Which Computer Programs Can Be Registered With RNPC? Template IT Contracts.
3.1. What is a computer program?A computer program is a set of instructions or commands written in a programming language that enables a computer to perform specific tasks or operations. This includes both source code and object code, which are translated into a format understandable and executable by the computer. A computer program can range from simple software, such as a mobile application, to complex systems, including operating systems or data processing applications.
Law 8/1996 on the protection of copyright classifies computer programs as works protected by copyright:
Art. 7: Copyright protection extends to original intellectual creations in the literary, artistic, or scientific domains, regardless of the method of creation, form, or intended purpose. This includes, among others: a) [...] computer programs.
Art. 32: Economic rights over computer programs last for the author's lifetime, and after their death, these rights are inherited according to civil law for a period of 70 years.
3.2. What does the protection of computer programs include?
The protection of computer programs encompasses any form of expression of a program, irrespective of the language used, whether in source code or object code. This protection applies not only to application programs and operating systems but also to preparatory materials involved in their development, as well as the manuals that accompany them.
Therefore, any element associated with the development and use of a computer program can be protected, granting creators exclusive rights over their use, distribution, or modification.Art. 73 (1) of Law 8/1996: (1) Under this law, the protection of computer programs includes any expression of a program, application programs, and operating systems, expressed in any language, whether in source code or object code, preparatory design materials, and manuals.
3.3. What is not protected by copyright over computer programs?
Ideas, procedures, methods of operation, mathematical concepts, and principles underlying any component of a computer program, including those forming the basis for its interfaces, are not protected by copyright. Protection is granted only to the specific form of expression of these elements, namely the source code or object code, and not to the underlying concepts or functionalities that form the foundation of the program.
As a result, ideas and principles utilized in a program can be freely employed by other developers without infringing on copyright, as long as the program's expressive form is not directly copied.
Art. 73 (2) of Law 8/1996: Ideas, procedures, methods of operation, mathematical concepts, and principles underlying any component of a computer program, including those underlying its interfaces, are not protected.
The National Register of Computer Programs only accepts registration of computer programs that meet the originality requirement, meaning they represent the author's own intellectual creation. The source code and associated documentation are the key elements required for registration.
4. Why Should I Get Registrered With RNPC?
If you have developed a computer program that you intend to commercialize within Romania, you are obligated to register it with RNPC.
Government Ordinance no. 25/2006 (OG 25/2006) mandates the registration of certain entities involved in software-related activities within Romania.
Primarily, authorized individuals and legal entities engaged in the production, import, distribution, rental, or commercialization of computer programs must register. This includes activities such as producing programs for retail, importing and distributing them, as well as renting or selling them through specialized software and IT stores or distributing and commercializing programs through specialized channels.
Furthermore, registration is compulsory for computer programs produced in Romania and sold by specialized retailers, as well as those imported into Romania and marketed under the same conditions (download T&C for online platform). Both local and international producers bringing software to the Romanian market must comply with registration requirements in the National Register of Computer Programs, ensuring that their copyright is protected and their commercial activities align with the current legal framework.
5. Registration Procedure with RNPC
The registration process with RNPC generally consists of two stages:
Registration of the entity holding the rights to the computer program. The entity must register in the relevant RNPC section based on its activity, such as producer, distributor, etc.
Registration of the computer program.
Stage 1: Registration of the Entity Holding the Rights
The registration of the entity holding the rights is carried out by submitting a standard application form, which can be downloaded here. The completed form must be submitted to the Romanian Copyright Office (ORDA).
Along with the application, documents proving the legal status of the entity must be submitted. For example, for limited liability companies (SRL), a registration certificate issued by the National Trade Register Office (ONRC) must be provided.
Stage 2: Registration of the Computer Program
After registering the entity holding the rights with RNPC, the entity must submit the necessary documents for the registration of the computer program, depending on the type of activity the operator intends to perform:
For Computer Program Producers:
copy of the document proving the agreement of the copyright holder or a self-declaration by the author.
copy of the license model granted to users in Romania.
copy of the computer program in the version intended for commercialization.
For Computer Program Importers:
the document proving the copyright holder’s agreement for distribution, commercialization, and rental.
certified translation of the document if it is written in a foreign language.
For Computer Program Distributors and Retailers
copy of the document proving the copyright holder’s agreement for distribution and/or commercialization activities.
For Operators Renting Computer Programs in Internet Cafes or Gaming Rooms
copy of the document proving the copyright holder’s agreement for rental activities.
statement regarding the number of computers used in the operation.
Submission Procedure
Currently, there is no clear submission process or online system like the ONRC portal used for registering commercial companies.
In principle, applications can be submitted directly to ORDA’s headquarters or sent by mail. For Docs & Deeds clients, we have successfully submitted registration requests, including via e-mail. It is essential to include all required documents.
Payment of Fees
Administrative fees must be paid before registration. These fees vary depending on the complexity of the project and can be reviewed here.
Issuance of the Registration Certificate
After reviewing the application and payment of fees, ORDA will issue a registration certificate for the individual or legal entity, confirming the program’s inclusion in the registry.The time required for issuing the certificate depends on how the application is submitted:
For applications completed online in ORDA’s system, the certificate is issued within 4 working days from the registration date. At the time of writing, we have not identified a functional ORDA online system, so applications are submitted electronically via email.
For applications submitted directly to ORDA’s headquarters, the certificate is issued within 10 working days from the registration date.
For urgent applications, the certificate is issued within 2 working days from the registration date. These timeframes provide flexibility, allowing applicants to choose between expedited processing or standard procedures.
Validity
The registration certificate for RNPC is valid for 1 year from the date of issuance for legal entities or authorized individuals. However, the registration of computer programs with RNPC remains valid for the entire duration of their use.
6. What Happens if I Do Not Register with RNPC?
In principle, your copyright is not affected by failing to register with RNPC. Copyright for computer programs is automatically conferred upon creation, without the need for registration.
However, you may face administrative penalties. Failure to register or include computer programs in RNPC, as stipulated in the current ordinance, could result in a contravention penalty.
Fines for this violation range from 2,000 to 10,000 RON, depending on the severity and circumstances of the infringement. The penalty can be challenged under a contravention complaint.
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