Law no. 8/1996 contains specific provisions on the mandatory clauses of a copyright contract for a theatrical or musical performance of a work, as well as on the neighbouring rights of performing artists, including collective management of rights.
The main legal text for this sector is G.O. no. 21/2007 on performing arts and concert institutions and companies and on the artistic impresarios’ activity. It establishes the necessary legal framework for the organisation and functioning of the “project theatre” (where artists are recruited on a project-by-project basis and their whole activity is project-based) as differing from the traditional Romanian system of “repertoire theatres”. It also creates the possibility, in particular at the level of local authorities, to use existing infrastructure to host performances. The issue of the necessary competences of artistic impresarios had long been a thorny subject in Romania, therefore through this legal text a mandatory examination, licensing and registration of these persons have been established.
This legal text has been amended and modified several times to address concerns expressed by the theatrical community, in particular with a view of establishing a derogatory system that differs from the general employment provisions set forth in the Labour Code, in order to support employment and recruitment of artists and technical personnel. Thus, performing arts and concert institutions have a more flexible employment scheme in that they can recruit directly the necessary staff for limited periods of time without the restrictions established by the Labour Code.
Other relevant legislation for this sector includes:
- Law no. 298/2006 on measures to inform the public on playback performances;
- E.G.O. no. 118/2006 on cultural establishments, which contains provisions on the scope and range of activities of cultural establishments such as rural culture houses, culture houses, cultural centres, “people’s art school” (vocational training and adult education). Any of these establishments can develop activities in the field of theatre, dance, music, street arts, festivals, fairs, etc.;
- G.D. no. 530/2005 on the organisation and functioning of the National Dance Centre in Bucharest, which is the only public institution dedicated to the promotion of contemporary dance. It operates as producer/co-producer of dance performances, workshops and festivals, as well as a funding entity for dance-related projects and as a host for invited dance performances.