The protection of intellectual creation in Romania is achieved through copyright. Basically, they offer authors and creators a legal framework for recognizing the efforts and rights they have over the work, as long as it is considered original. Most of the provisions related to copyright and related ones are the same in all countries of the world, with some differences, even between the states that make up the European Union.

To understand much better what copyright is, but also what other forms of protection exist, how it works in different industries and how long it lasts, it is useful to read the information in the following lines carefully. Thus, in addition to the theoretical aspects, you will find out what the risks and challenges that creators face are, as well as some practical solutions. With this information, you will be able to protect your work and the integrity of your creation.

1. What is copyright and how does it work in different industries?

By definition, copyright is a form of intellectual property, recognized and protected by law. It is owned by authors, who can give others the right to use their creation. These rights play an important role in different industries, giving authors the ability to control how their works are used. Their application and specificity differ significantly depending on the field. Thus, copyright is customized to meet numerous challenges.

What are copyrights and how do they work in different industries?

• Copyrights in the media industry are those that protect various creative products (video clips, films, TV shows, digital content, etc.). With their help, creators have control over the distribution, dissemination and adaptation of their own works;
• Copyrights in literature are those that protect the works of writers (poems, novels, essays, etc.). They have exclusivity in publishing and selling their own works, and can receive financial rewards for their intellectual efforts;
• Copyrights in IT and software prevent unauthorized copying of programs and ensure compliance with user licenses. In this way, creators have their work protected against unfair competition and hacking;
• Copyrights in visual arts provide protection for artists’ works, preventing their unauthorized reproduction and allowing them to determine whether the works can be used commercially;
• Copyrights in music protect compositions and sound recordings, allowing composers to collect royalties and avoid illegal copying.

Regardless of the field, copyrights come with two main types of protection for the creators of the respective works: control over the use of the work and financial rewards. The general purpose of copyright is to support creators and prevent the abusive or illegal use of works.
Some answers to some important questions will be of real use to you:

• Why is it necessary to guarantee copyright by law? The guarantee is essential for protecting the interests of creators of works and for promoting a culture of respect for intellectual work. In practice, copyright protects the interests of creators, stimulates innovation and creativity, prevents piracy and infringement of rights, establishes a fair economic system, respects the moral rights of authors, protects cultural diversity and creates a clear and predictable legal framework;
• Where is copyright registered? In Romania, it is registered at the Romanian Copyright Office (ORDA);
• How is copyright declared? You register the work at the Romanian Copyright Office (ORDA), at a notary public or you submit the work to a collective management organization;
• How do you get rid of copyright? This transfer can be made through several legal methods: transferring rights to another person or entity through assignment or inheritance, by explicitly waiving copyright, by granting an open license, by passing the work into the public domain;
• How are copyrights taxed? This is done according to the Fiscal Code, varying depending on the type of income and the situation of the person who obtains them. Among the taxes applied are income tax, social security contributions, health insurance contributions, VAT.

2. Types of copyrights and the legal conditions for registration and their duration

Copyrights are classified into moral rights and patrimonial rights. Moral rights of copyright have the following characteristics:

• are inalienable;
• allow the author to request that his name be associated with the work;
• prohibit modifications to his work;
• the creator can withdraw the work from the public domain in certain circumstances.

In contrast, economic rights of copyright are those that give the author the possibility of economically controlling the work and include the right of reproduction, the right of distribution, the right of public communication, the right of adaptation.

There are also other forms of intellectual property protection, such as patents and trademarks. The differences between copyright and these forms relate to their different purposes and applicability. Thus, copyright protects creative works, does not require formal registration to be valid, and applies automatically after a work is created. Patents are those protections over technical inventions, but they require formal registration, rigorous verification by a competent authority and offer exclusivity for a period of about twenty years. Trademarks protect symbols, names or slogans for a product or service, require registration and do not expire (however, they must be renewed periodically).

What are the legal conditions for registering copyrights?

You already know that copyright automatically applies to the creation of a work, so it is important to know that you can also have certain additional benefits: registration serves as legal evidence and you have access to obtaining large damages in court. The conditions for registration, according to copyright law, are the following:

• to submit a copy of the work to the competent authority;
• to complete a registration form;
• to pay a registration fee.

Copyrights have a different durability, depending on the law of each country. Moral rights are perpetual, and patrimonial rights last for the entire life of the author and another seventy years after his death (in some countries the durability may vary).

3. Risks to which authors and companies that own copyrights are subject

Authors often face certain risks, being vulnerable to certain situations. Although copyright provides a solid legal framework for protecting intellectual property, it does not eliminate the existence of these risks. The problems relate to: violation of these rights, digital piracy, cyberattacks, unauthorized use, and their consequences can be serious, both financially and reputationally (for example, you are the author of a novel and you can lose significant income due to illegal copies made by someone else).
In this chapter you will find essential information on the most common risks you may face and how you can protect your interests.

3.1. Common copyright infringements and detection methods

Copyright infringement is a common situation today, in a society that constantly uses the Internet. Some examples in this regard are: unauthorized reproduction by the author of various protected materials, illegal distribution on online platforms or physically, illegal publication or downloading of content from different sites or platforms, plagiarism, unauthorized use for commercial purposes.

These copyright violations can be detected in various ways:

• using online search engines to check if their works are being used in an unauthorized manner;
• some monitoring services can identify unauthorized use of protected materials;
• automatic content scanners detect and remove those illegally uploaded materials;
• there are companies specialized in monitoring and reporting copyright violations that companies can call on.

With the help of these effective detection methods, but also legal measures, copyright violation situations are identified and managed, significantly reducing financial losses and maintaining the value of the respective works.

3.2. Copyright on the Internet – Piracy and Illegal Distribution of Content

Digital piracy affects various domains and consists of the unauthorized copying, distribution and use of copyrighted materials. Among the most popular forms of digital piracy are platforms that allow the illegal downloading of movies, games, music, books or software. Other forms are unauthorized streaming, copying and sharing of software, ebook piracy or the use of unlicensed content in business.

Among the consequences of digital piracy and illegal distribution of content can be mentioned significant financial losses. Creative industries suffer huge losses every year because of this. In addition, it is a matter of reputational damage, as illegal distribution reduces the quality that people perceive about the products and services in question, since, as a rule, the pirated version is inferior.

Anyone who distributes or consumes pirated content can be punished by copyright law. It should also be noted that pirated content can often contain viruses, which exposes users to data theft and cyberattacks.

The fight against digital piracy is constantly being carried out with the help of digital protection technologies and public education campaigns. It is also done by collaborating with authorities who know everything about copyright and through affordable legal services, considered excellent legal alternatives to reduce the temptation to consume pirated content.

3.3. The Financial and Reputational Implications of Copyright

Authors or creators of original materials benefit from recognition and reward for their work. Copyright provides them with certain income from the use of their works, which comes from sales, licensing, economic partnerships, royalties. If a situation of infringement of rights occurs, then their income will be greatly reduced. An example of this is the music industry. If you are the author of some songs, illegal downloads can cause you impressive financial losses. Every year in this industry, millions of dollars are lost due to this reason.
Copyright infringement also involves managing potential litigation, which brings with it other costs related to legal assistance, lawsuits and investigations. The result is the impact on personal or company budgets, but also the profound impact on future investments.

The reputational implications of copyright are also considerable. Respecting copyright brings about the strengthening of reputation in the eyes of the public, and a work used inappropriately compromises the reputation of the author, especially if it is used incorrectly. If a company is accused of copyright infringement, it loses the trust of the public and even business partners.

3.4. Copyright – cyber attacks and risks for digital creators

Cyber ​​attacks are a significant threat, as they can compromise integrity, security and financial success. These events are carried out by hackers or criminal groups for various purposes. For digital creators, this can mean content theft, sensitive information theft and compromised systems. Attacks include encrypting creators’ files or systems, obtaining confidential information through phishing, or blocking access to creators’ websites or online platforms through artificially generated traffic.

The risks are numerous. Basically, it is about direct financial losses, reputational damage, compromising intellectual property, additional recovery costs. However, there are some measures that can be taken in this regard, such as using advanced protection software, creating backup copies of essential files and concluding cyber insurance. It is also worth mentioning the constant monitoring of online activities in order to intervene quickly in the event of attacks.

4. Insurance solutions that can help protect copyrights

Insurance solutions that help reduce the financial impact are useful for protecting copyrights. Three main types of insurance can help keep creators and companies safe: professional liability insurance, professional IT insurance, and cyberattack insurance.

Below, we will present the characteristics of each type of insurance and how they help protect copyright.

Professional liability insurance

One of the main types is professional liability insurance, which covers financial damages resulting from unintentional copyright infringement. It is used against legal actions brought by third parties who claim that copyright has been infringed by mistake.

Among its benefits are protection against unintentional risks and coverage for legal costs. However, it also has some limitations, such as the fact that it does not cover deliberate crimes and that certain territories may be excluded from coverage.

Such insurance can protect, for example, an advertising agency that runs a campaign and uses copyrighted music without obtaining the necessary license.

IT Professional Insurance

As for IT Professional Insurance, it protects digital content or any other type of creation that has copyright. It covers financial losses incurred as a result of the loss, theft, destruction of digital data and includes protection measures against events such as the theft of sensitive data, ransomware attacks, etc.
An important benefit is that it includes data recovery services or consulting to protect the infrastructure. As for the disadvantages, it can be mentioned that such insurance can be more expensive and may exclude certain specific risks.

A relevant example in this context is a software creator who uses such professional insurance with the clear aim of protecting the source code and to be sure that he covers any losses caused by cyber attacks.

Cyber ​​attack insurance

A policy dedicated to protection against the risk of unauthorized access, data theft or distribution of illegally protected materials is cyber attack insurance, which also includes rapid technical support services in the event of an attack. However, this policy has limited coverage in case of negligence and involves higher costs for full coverage.

A very good example is a publishing company that distributes digital books and that concludes such a policy to protect its products against illegal distribution or unauthorized access.

In conclusion, when we talk about what copyright is, it is important to emphasize that they are very important for protecting the interests of authors and creators, representing more than a legal framework. Their guarantee becomes essential to maintain the balance between public accessibility and recognition of individual value, innovation and creativity having to be respected, valued and protected.