Other IP rights · Copyright
Prove the work is yours and control who uses it
In Romania, copyright arises automatically when a work is created: you don't need to register a book, a photo, a logo or a program for it to be protected. The hard part is proof, when you have to show the work is yours and how long it has existed. Brand New IP helps you build that proof, transfer or license the rights properly and respond when someone copies your work.
We explain what copyright protects, how to build proof of prior creation, how to transfer or license the rights and what to do when your work is copied.
Your first consultation is free.
Who it’s for
This is for you if…
- Designers, photographers, illustrators and agencies creating work for clients
- Companies using logos, texts or software made by others
- Authors of books, courses, music or online content
- Software and app developers
What’s included
What we do for you
- Working out what copyright protects in your case and what it doesn't (ideas, concepts and short names aren't covered)
- Proof of prior creation: ORDA register entries, certified dates, electronic time stamps
- Assignment and licence agreements for economic copyright
- Checking the rights in a logo before it is registered as a trademark
- Letters and platform reports when your work is copied
- Combined protection: copyright plus a trademark or design where it makes sense
How it works
The steps, one by one
Step 1: Talk about the work
You tell us what you created, how, and how you want to use it or earn from it.
Step 2: Check the rights
We establish who the author is, whether co-authors or employees were involved and which rights have already been transferred.
Step 3: Build the proof
We choose the right way to prove prior creation and prepare the documents.
Step 4: Contracts and enforcement
We draft the assignments or licences you need and step in if the work is used without permission.
Copyright
How to prove the work is yours
Since there's no mandatory registration, proof has to be built. The most common options:
- ORDA registers. The Romanian Copyright Office (ORDA) keeps registers where certain categories of works can be entered voluntarily. An entry doesn't create the right, but it's official proof of the date.
- Certified date. A notary or a lawyer can give a certified date to a copy of the work or to a document describing it.
- Electronic time stamp. A qualified provider certifies that the file existed in a given form on a given date.
None of these proves on its own that you're the author, so we combine them with your working files, correspondence and contracts.
Documents
What we need from you
- The work or a copy of it, with working versions if you have them
- Details of the author or authors and the date of creation
- Contracts with the clients, employees or collaborators involved
- Evidence of copying, if any: links, dated screenshots
Frequently asked questions
Questions about copyright
Do I need to register my work to have copyright in Romania?
No. Under Law no. 8/1996, copyright arises from the mere fact that the work was created, with no formalities. Protection exists even if the work is unfinished or unpublished. A register entry or a certified date only helps you prove, if there's a dispute, that the work is yours and existed on a given date.
How long does copyright last in Romania?
Economic rights last for the author's lifetime plus 70 years after death. Moral rights, such as the right to be credited as the author, can't be transferred, and some of them never expire. For certain kinds of works, such as works by several authors or anonymous works, the term is calculated differently.
What doesn't copyright protect?
Copyright protects the specific form in which a work is expressed, not ideas, concepts, methods or information as such. A short brand name or an ordinary slogan usually isn't a protected work; for those you need a registered trademark. News items and official legal texts aren't protected either. An original logo, on the other hand, can be protected both by copyright and as a trademark.
Who owns copyright in a work created by an employee?
The employee is the author. If the work was created as part of their job, the employment contract can provide that the economic rights pass to the employer. Without such a clause, they generally stay with the author. Software is the exception: there, economic rights belong to the employer unless agreed otherwise. We check your contracts so you know exactly what you own.
What should I do if someone copies my photos or texts?
First, save the evidence: dated screenshots with links, plus your original files with their metadata. Then you can ask the platform to take the content down through its reporting procedure, or send the user a letter demanding they stop and possibly pay compensation. If the letter is ignored, the next step is court.
Related services
- IP contractsWe draft and review licences, assignments, coexistence agreements and copyright transfers, then record them with OSIM or EUIPO when needed.
- Infringement noticesWe send cease and desist letters to those using your mark, request takedowns on marketplaces and social media, and answer letters you receive.
- Trademark strategyThe first consultation is free. We settle the mark type, Nice classes and territory before you pay a single fee.
Let’s talk about your trademark.
The first consultation is free. We’ll tell you honestly what can be protected, how and what it costs, before you pay anything.