[P] AGDE requests the immediate application of the legal provisions regarding the compensatory remuneration for the private copy for the benefit of the press publishers
Editor Rights Association (AGDE), collective management body established according to Law no. 8/1996, draws the public's attention to the fact that publishers of press publications are currently deprived of a patrimonial right expressly recognized by law.
Following the decision no. 709/06.08.2024 of the Bucharest Court of Appeal in File no. 36722/3/2019, AGDE considers that there is no legal impediment for the direct and integral application of the provisions of art. 116 para. (2) of Law no. 8/1996, which establishes the right of press publishers to 25% of the compensatory remuneration for the private audio and video copy.
However, the unique designated collector – the Union of Phonograms Manufacturers in Romania (UPFR) – refuses to distribute these amounts to the publishers, invoking positions contrary to the law and trying to impose an arbitrary division between the beneficiary bodies. Such an approach violates the legislation in force and creates direct damage to the press publishers, deprived of essential revenues for supporting their economic and editorial activity.
The refusal to apply the legal provisions for a category of rights holders not only represents a flagrant violation of the law, but is also a serious signal on how the unique collector understands to exercise its duties. This situation is incompatible with the role that the law confers and exposes the entire industry to litigation and damages resulting from the delayed or application of the law.
AGDE reminds that Press publications publishers are already recognized as beneficiaries of compensatory remuneration for private copy in other forms (Example: private copy on paper), where the application of the same legislation was done without disputes or delays. The only opposition comes in the case of the private audio and video copy, where UPFR and some of the beneficiary bodies challenge the right provided by the legislator.
In the context of technological transformations and increasing the consumption of content in online, press publishers play an essential role in the provision of content protected by copyright. The lack of access to the legal remuneration puts under pressure the economic sustainability of the editors and their ability to continue their activity in the public interest.
AGDE formulates two firm requests:
– the immediate application of the law, by distributing the legal percentage of 25% of the remuneration for the private audio and video copy to the press editors, with the recalculation and payment of the outstanding amounts;
– Review the quality of sole collector of the UPFR, provided it refuses to comply with the legal framework.
Press publications publishers cannot be treated as secondary rank beneficiaries. Their rights are recognized by law and must be respected exactly. AGDE will use all the legal and institutional tools to defend the legitimate interests of the publishers and to obtain damages for the delays already produced.
AGDE asks the collective management bodies invited to the meeting convened by the UPFR on August 28, 2025 to include on the agenda the strict compliance with the legal provisions and to put an end to the practices that harm the publishers of press publications.
The rights of the publishers of the press publications will contribute to the creation of a sustainable and pluralist media landscape, In which the entire industry will benefit from the economic mechanisms necessary to support its central objective, to inform the citizens and to contribute to a healthy democracy.
Editors' Rights Association It is the collective management body that represents the patrimonial rights of the publishers of press publications in Romania, established according to Law no. 8/1996 on copyright and related rights. Constituted in 2023 by the association of the following press publishers: Ringier Romania SRL; Antena TV Group SA; PRO TV SRL; Antena 3 SA; Campus Media (Editor Digi24), Media Bit Software SRL (Hotnews editor); Adevarul Holding SRL; Dogan Media International SA; EAD.RO INTERACTIVE SRL; Ringier Sportal SRL; Bihor Media SRL; FANATIK ONLINE SRL; Despcopii.com Shop SRL; Inform Media Press SRL; DEPARTY SRL; Independent SRL., Day by Day Mures, ODS SRL, Currently AGDE collects and distributes remuneration for all publishers of press publications in the country.
More information about AGDE is available on the website www.agde.ro.
