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Ordinance No DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). Governmental Ordinance no. 39 of 14 July 2005 on Cinematography Text in force as of 21 June 2007 (Text updated on the basis of the modifying normative acts published in the Official Journal of Romania, Part I, until 18 June 2007) : - Law no. 328/2006 for the approval of the Government Ordinance no. 39/2005 was adopted with amendments, as follows; - Government Emergency Ordinance no. 97/2006, approved and amended by Law no. 145/2007; - Decision of the Constitutional Court no. 227/2007*; - Law no. 145/2007; - Law no. 174/2007. At present, the normative acts marked with asterisk (*) are being modified, repealed or rejected and the amendments made by means of these norme acts on Government Ordinance no. 39/2005 are no longer valid NOTE: By Order of the Minister of Culture and Religious Affairs no. 2379/2006, the methodological norms for the implementation of the Governmental Ordinance no. 39/2005 on Cinematography were approved. On the grounds of Article 108 of the republished Constitution of Romania and of Article1, paragraph VII.3 of Law no. 209/2005 on the empowerment of the Government to issue ordinances, The Government of Romania has adopted the present ordinance. 1 DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). CHAPTER 1 General provisions ARTICLE 1 (1) The present ordinance regulates the general background for developing activities within the field of cinematography, the support of the development of the film industry, of culture and cinematographic education in Romania, the way of constituting and of using the financial resources for fulfilling, distributing, exploiting and archiving the creations of the national cinematography, the administration of goods that are a part of the national cinematographic heritage, as well as the organization of the National Centre of Cinematography as a specialized body of the central public administration in the field of cinematography. (2) From the provisions of the present ordinance benefit the natural and legal Romanian persons, as well as those from the Member States of the European Union, authorized as such, in keeping with the principles of the freedom of establishment, of the free movement of goods and services, as well as of non-discrimination on grounds of nationality. ARTICLE 2 Regulation of the activities in the field of cinematography concern mainly the following objectives: a) developing the film industry in Romania and supporting the vocational training in the field; b) encouraging the private initiative in the field of creation, financing, production, distribution and exploitiation of the Romanian films or of films that are made with Romanian participation; c) promoting the national cultural identity and of the national minorities in Romania by creation of cinematographic films and promoting the latter in the world values circuit; d) promoting an open competitive system of access to the financial credit sources in the Cinematographic Fund; e) developing the European and international cinematographic cooperation; 2 DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). f) protecting, developing and promoting the heritage of the national cinematography. ARTICLE 3 For the purposes of the present ordinance, the terms and expressions hereunder have the following meaning: a) cinematography – cultural industry of national importance, which creates added value by exploiting and spreading the cultural diversity, aiming at creating, distributing and exploiting the cinematographic films and includes the sum of activities and persons that work in this field; b) cinematographic film, hereinafter called ”film” – the final product of some artistic and technical activity specific to the field, with the aim to create fiction films, animation films, documentaries, of any duration, irrespective of the support used, and that are initially brought out by the on screen projection in cinema halls or in outdoor film theatres or in other spaces intended for this purpose; c) Romanian film – the film that is produced mainly with artistic and technical Romanian participation, according to the criteria set forth in annex no. 2, which is an integrated part of the present ordinance, observing as well the regulation issued on the basis and for the enforcement of the provisions of the present ordinance, hereinafter called “regulation”; d) co-production film – a film in which the Romanian participation to the total costs of the production cannot be lower than 20% for the bilateral co-productions and, respectively, 10 % for the multilateral co-productions set forth in this regulation; e) art film – the film that, by its artistic quality, contributes to the development of the cinematographic culture and to the national, European and universal cultural diversity, classified as such by the commission within the Registry of Cinematography; f) producer – natural or legal person authorized as such, registered with the Registry of Cinematography, which initiates and supports on its own the creation of a film, ensuring for this purposes the financial, organizational and technical conditions; g) co-producer - authorized natural or legal person, which participates with technical means and/or financial in the creation of a film; h) delegated producer (delegated person) – natural person assigned by all the co- producers, which carries out actions that are specific to the producer, on his behalf; 3 DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). i) executive producer – natural person hired by the producer, that, within the limits of the budget granted by this latter, coordinates and is responsible for the actual creation of the film within the established artistic, financial and organizational parameters; j) financer – natural or legal person that participates in the financing of a film and that has no rights attached to its negative; k) film authors – the script writer, the director, the author of the original music, as well as other natural persons that contribute in a creative way to the creation of the film, defined as such in the provisions of Law no. 8/1996 on author’s rights and neighboring rights, with further amendments and completions; l) direct credit – the reimbursable financial credit, without interest, granted from the Cinematographic Fund after winning a contest for the film production and the development of projects, according to the provisions of the regulation; m) non-reimbursable financial support – the non-reimbursable amounts of money allotted from the Cinematographic Fund, the immediate financial support of films with high success to the public and artistic quality, for the distribution and the exploitation in theaters of Romanian films or films with Romanian participation or for the organization or the participation in festivals and field fairs, as well as for supporting programmes on cinematographic culture and education or for the operating of art cinematography; n) film distributor- natural or legal person that is authorized as such, registered with the Registry of Cinematography , whose object of activity is the film distribution; o) film distribution – the activity that aims at presenting, by means of on screen projections to the public, of a film in theaters or in other spaces defined as such, selling broadcasting rights to the television channels, of video cassettes or DVDs, as well as the film import or export; p) theater – any space endowed with cinematographic equipment in view of a public presentation, by means of on screen projections, of a film where one charges the counter value of the entrance tickets; r) art theater – the theater that shows art films in a proportion of minimum 50% from the annual shows schedule, out of which at least half is reserved for the European and/or Romanian films; s) difficult films – films that may have reduced chances of cinematographic exploitation and are characterized by: a high level of creative risk, renewing the 4 DISCLAIMER: As
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