European Commission issues reasoned opinion to Romania over copyright licensing rules
Romania now has two months to address the Commission’s concerns. If it does not take corrective action, the Commission may refer the case to the Court of Justice of the European Union.
The European Commission has issued a reasoned opinion to Romania for failing to fully align its national legislation with EU copyright rules. The case concerns Romania’s system of extended collective licensing for the right of communication to the public of musical works, which the Commission considers incompatible with key provisions of EU law, including Directive 2001/29/EC and Directive (EU) 2019/790.
Romania had previously received a formal notice and amended its Copyright Act in response. However, the Commission found that the revised legislation did not resolve the core issues. It remains concerned that the broad scope of Romania’s licensing system undermines authors’ exclusive rights, a fundamental principle of the EU copyright framework.
Extended collective licensing allows a collecting society to represent all rights holders in a sector, including non-members. While the mechanism can simplify licensing, EU law requires safeguards to ensure it does not override the individual rights of creators. The Commission argues that Romania’s approach fails to strike this balance.
Romania now has two months to address the Commission’s concerns. If it does not take corrective action, the Commission may refer the case to the Court of Justice of the European Union.
