How Can a Performing Artist or Musician Protect Their Intellectual and Industrial Property Rights in Romania? Legal Guide and the Role of the Lawyer

This article is for general information only and does not constitute legal advice. If you are a performing artist or musician and you are facing a specific situation, you should discuss the details directly with a lawyer specialised in intellectual property law.

1. Why does IP protection matter for a musician in 2025?

The music industry is dominated by streaming, digital platforms and cross-border exploitation of recordings and performances. According to data released in IFPI’s Global Music Report 2025, global recorded music trade revenues reached approximately USD 29.6 billion in 2024, marking a 4.8% growth compared to 2023 – the tenth consecutive year of global growth.

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This growth does not automatically translate into more money in every artist’s pocket. Behind each stream or broadcast there are contracts, licences, collective management mechanisms and legal decisions. All of these directly affect how a performing artist (singer, instrumentalist, band member, DJ etc.) in Romania earns money from their repertoire and performances.

Without a minimum legal strategy, a musician risks, among other things:

• losing control over their stage name or band name;
• signing unbalanced contracts (broad buy-outs, global assignments, abusive clauses);
• missing out on a significant part of collective royalties from radio/TV, streaming and public performance;
• facing takedowns, copyright claims or blocked releases exactly when a track starts gaining traction.

Effective protection means, first of all, understanding what rights you have (copyright, neighbouring rights, trade mark, design) and then actually using them – through registrations, declarations, licences and contracts.

2. What counts as “intellectual property” for a performing artist?

2.1. Copyright vs. neighbouring rights

In Romania, copyright and neighbouring rights are regulated by Law no. 8/1996 on Copyright and Related Rights. The law protects both authors (such as composers, lyricists, authors of audiovisual works) and holders of neighbouring rights (performing artists, phonogram producers, broadcasting organisations etc.).

In very simplified terms:

• Copyright protects the original musical work: composition, lyrics, possibly the soundtrack of an audiovisual work and other original creations.
• Neighbouring rights of performing artists protect the performance or execution of that work: the way you sing, play an instrument, improvise or otherwise bring the work to life for the public.

Law no. 8/1996 recognises both moral rights (such as the right to be recognised as the author or performer, the right to the integrity of the work or performance) and economic rights (remuneration, authorisation of use, communication to the public, reproduction, distribution etc.). These rights can generate income both through individual contracts and through collective management.

In practice, a single track may involve several categories of rights-holders:

• the author of the music;
• the author of the lyrics;
• one or more performing artists (lead and backing vocalists, instrumentalists);
• the phonogram producer (label);
• the producer of the video or other audiovisual content.

2.2. Industrial property: trade marks, designs and more

Besides copyright and neighbouring rights, a professional musician nowadays also manages a brand: stage name, band name, logo, visuals, maybe even distinctive elements of stage design. These belong to the field of industrial property.

Key examples include:

• Trade marks – stage name, band name, logo, sometimes a slogan. In Romania, trade mark protection is governed by Law no. 84/1998 on Trade Marks and Geographical Indications, with registrations handled by the Romanian State Office for Inventions and Trade Marks (OSIM). At EU level, EU trade marks are administered by the European Union Intellectual Property Office (EUIPO).
• Designs – distinctive visual elements (for example, a particular graphic logo, a 3D stage element, a unique merch object) can be protected as industrial designs at OSIM or as registered Community designs at EUIPO.
• Patents and other titles – less frequent in music, but relevant for innovative instruments, audio technologies or software developed by or for the artist.

Nationally, OSIM acts as the specialised public authority for industrial property protection (inventions, trade marks, designs), while EUIPO administers EU-wide trade marks and designs with protection across all EU Member States.

3. Who looks after musicians’ rights in Romania?

3.1. ORDA – the national copyright authority

The Romanian Copyright Office (ORDA) is a specialised central public authority under the Government, with legal personality. ORDA is the single national authority for regulation, keeping national registers, supervision, authorisation, arbitration and technical-scientific findings in the field of copyright and related rights.

In practice, ORDA:

• approves and supervises collective management organisations (such as UCMR-ADA and CREDIDAM);
• manages certain national registers related to copyright and neighbouring rights;
• participates in drafting and implementing legislation in this field.

3.2. UCMR-ADA – collective management for composers and lyricists

UCMR-ADA is a collective management organisation in Romania, accredited to manage copyright in the musical field. It manages authors’ economic rights for musical works, such as public communication, broadcasting, reproduction and distribution, and distributes the collected royalties to authors according to the declared repertoire.

A composer or lyricist who does not declare their works to UCMR-ADA, or who declares them incorrectly, may lose a significant part of the royalties generated by uses such as radio/TV broadcasting or public performance.

3.3. CREDIDAM – collective management for performing artists

CREDIDAM is a collective management organisation that administers the neighbouring rights of performing artists in Romania. It registers performers, collects royalties for uses such as broadcasting, public communication and cable retransmission, and distributes them to performing artists (including foreign performers represented via international agreements).

For a professional performing artist, becoming a member of CREDIDAM (under the applicable conditions) and correctly declaring performances is often essential for receiving collective royalties generated by the actual exploitation of recordings.

4. Industrial property for artists: stage name, band name and logo

4.1. Why a trade mark is more than “just a logo”

Your stage name, band name, logo and certain visual elements are not merely aesthetic choices; they are commercially valuable assets. Under Law no. 84/1998, trade mark rights in Romania are acquired and protected through registration, and the owner of a registered trade mark can prohibit third parties from using identical or similar signs for identical or similar goods and services if there is a likelihood of confusion.

For a performing artist, a registered trade mark can mean, among other things:

• legal certainty that no other party may lawfully “appropriate” the stage or band name in the same market segment;
• the possibility to license the brand for merch, sponsorships and commercial collaborations;
• a much stronger position in disputes or negotiations about name use by third parties.

4.2. Checking whether a stage name is available

Before investing in branding, it is prudent to check whether the name or logo is available as a trade mark. Typically, this includes:

• searching OSIM’s online trade mark databases (national marks, EU trade marks with effect in Romania and international registrations designating Romania);
• searching EUIPO’s databases for EU trade marks and related tools for checking availability before filing;
• checking domain name availability and social media handles;
• checking company name registers, where relevant.

Because the legal assessment of conflict (similarity, identical/similar goods and services, likelihood of confusion) can be complex, it is often advisable to have an IP lawyer or a trade mark attorney interpret search results and estimate the risk of opposition or infringement claims.

4.3. Designs and visual concepts in the music world

In some projects, the visual concept itself has major commercial value: a distinctive stage set-up, a 3D logo used on merch, or a characteristic visual identity for albums and shows. Such elements can sometimes be protected as industrial designs at OSIM or as registered Community designs at EUIPO, subject to the conditions in the applicable legislation.

For emerging artists, the immediate priority is usually copyright/neighbouring rights and trade mark protection. Design protection becomes more relevant where visual assets are central to the commercial strategy (for example, large-scale tours, branded merch lines or collaborations with fashion and design brands).

5. Practical roadmap: from demo track to protected repertoire

5.1. Protection arises automatically – but evidence still matters

Under Romanian law, copyright protection arises automatically with the creation of the work. Law no. 8/1996 expressly states that copyright in a literary, artistic or scientific work – and in other intellectual creations – is recognised and guaranteed from the moment of creation, regardless of registration or disclosure to the public.

However, from an evidentiary point of view, a cautious musician will create an “evidence trail” to prove authorship and dates of creation if a dispute arises. This may include:

• keeping project files from the DAW (with creation dates and version history);
• sending material through channels that leave dated traces (e-mail, professional file transfer services, internal project management tools);
• in some cases, depositing works with collective management organisations or using dedicated deposit services, depending on the strategy discussed with a lawyer.

5.2. Declaring works and performances to collective management organisations

A composer or lyricist will usually have an interest in declaring works to UCMR-ADA, while a performing artist will seek to register with CREDIDAM and correctly declare their performances. This is the main way to receive collective royalties generated by broadcasting, public communication, cable retransmission and other uses that fall under collective management.

If works or performances are not correctly declared, collected amounts may remain undistributed for a long time or be distributed to other right-holders, depending on the internal regulations of each organisation and the legal framework.

5.3. Protecting the stage name and visual identity

In practice, minimum steps for protecting a stage name and logo usually include:

1. Conducting trade mark availability searches at national level (OSIM) and, where relevant, at EU level (EUIPO);
2. Deciding on a protection strategy: national trade mark, EU trade mark or international registration (via WIPO) designating specific countries, depending on the artist’s target markets and budget;
3. Filing the trade mark application, selecting the right classes of goods and services (e.g. entertainment services, sound recordings, merchandise items);
4. Monitoring the registers to identify potentially conflicting trade mark applications or registrations by third parties.

Again, an IP lawyer can assist with searches, evaluating risk, drafting observations and oppositions where appropriate, and coordinating filings with trade mark attorneys if needed.

5.4. Core contracts in a musician’s career

Beyond formal registrations, the way a musician negotiates and signs contracts is critical for their long-term income. Typical agreements include:

• record deals with labels (including so-called “360 deals” covering recordings, touring, merch and more);
• management contracts;
• publishing contracts (for exploitation of compositions and lyrics);
• sync licences (for music in films, commercials, games, online content);
• booking and live performance agreements;
• band or co-author agreements, including internal allocation of shares and royalties.

From an IP perspective, it is crucial to check at least the following elements:

• whether the artist grants licences (retaining ownership of economic rights) or assigns those rights (transfers ownership);
• the duration of the agreement and termination/renegotiation conditions;
• territorial scope (Romania, EU, worldwide);
• types of exploitation covered (streaming, public communication, synchronisation, merch, AI training, sampling etc.);
• remuneration structure and reporting obligations; audit rights and transparency;
• exclusivity clauses and any penalties or liquidated damages.

Signing a “standard” contract without legal review can lock an artist into a disadvantageous position for many years.

6. Hypothetical case study: “George”, a rising performing artist

6.1. Starting situation

Imagine “George”, a performing artist who:

• co-writes several original songs with a friend (music and lyrics);
• records the tracks in a studio and releases some of them on major streaming platforms;
• uses a distinctive stage name and logo designed together with a graphic designer;
• gets booked for festivals and receives an offer from a record label.

6.2. What George does together with his IP lawyer

Working with an IP lawyer, George could take the following steps:

• Clarify co-authors’ and performers’ shares – conclude written agreements with the co-composer, lyricist and possibly the producer, clearly stating the shares of copyright and neighbouring rights, how decisions are made and how royalties are split.
• Declare works and performances – cooperate with UCMR-ADA and CREDIDAM to declare the repertoire properly so that collective royalties can be monitored and collected.
• Protect the stage name and logo – search trade mark databases (OSIM/EUIPO), then file for trade mark registration in the relevant classes and territories, depending on where George’s audience is located.
• Review label and management contracts – analyse record deals and management contracts to avoid broad, long-term assignments of rights without adequate remuneration, and negotiate fairer terms where possible.
• Set up monitoring and enforcement – define a minimal routine for checking reports from collective management organisations, responding to unauthorised uses (e.g. major unlicensed syncs) and sending cease-and-desist letters or filing claims when necessary.

6.3. Long-term outcome

By following this structured approach:

• George keeps control over his brand (stage name, logo) through trade mark rights;
• has a clear internal allocation of copyright and neighbouring rights among collaborators;
• receives collective royalties as both author (where applicable) and performing artist;
• is better positioned to renegotiate contracts later, based on the proven performance of his tracks.

7. What exactly can an IP lawyer do for a musician?

A lawyer specialised in intellectual property and entertainment law does much more than litigate. In practice, a specialised lawyer can provide:

• Proactive legal strategy – mapping your IP portfolio (copyright, neighbouring rights, trade marks, designs) and designing a coherent protection and exploitation strategy;
• Contract drafting and negotiation – drafting and negotiating contracts with labels, publishers, managers, booking agencies, brands and platforms;
• Support in working with collective management organisations – clarifying declaratory procedures, challenging inconsistencies, requesting information and verifying distributions;
• Online enforcement strategies – preparing takedown notices (DMCA or equivalent), responses to copyright claims, and guidance on using music lawfully on social media and content platforms;
• Litigation and dispute resolution – representing the artist in infringement cases (copyright/neighbouring rights), trade mark disputes or unfair competition matters.

For a broader overview of intellectual property issues, you can also read the Romanian-language article “Avocat Dreptul proprietății intelectuale. Cum îmi pot proteja drepturile de proprietate intelectuală (drepturile de autor)”, which discusses IP protection from a general legal perspective.

8. Frequently asked questions (FAQ) for performing artists and musicians

8.1. What intellectual property rights can a performing artist (musician) have in Romania?

A musician may hold several categories of rights at the same time:

• Copyright – if they are also a composer or lyricist;
• Neighbouring rights of a performing artist – for their performances and executions of works;
• Trade mark rights – in a registered stage name, band name or logo;
• Design rights – in certain visual elements used in stage design or merchandising, where the legal conditions are met.

8.2. Do I have to register my songs with ORDA to be protected?

No. Under Law no. 8/1996, copyright protection arises automatically when the work is created; registration or deposit is not a condition for the existence of copyright. Registration or deposit may be useful as evidence (to prove authorship and dates) but it is not mandatory in order to have rights.

8.3. What is the difference between UCMR-ADA and CREDIDAM?

UCMR-ADA is a collective management organisation for copyright in musical works (composers, lyricists), while CREDIDAM manages neighbouring rights for performing artists (those who actually perform the works). The same individual can be in contact with both organisations if they are both an author and a performer.

8.4. How can I check if my stage name is “free” as a trade mark?

You should consult official databases:

• OSIM’s trade mark databases for national marks and international registrations designating Romania;
• EUIPO’s databases and availability tools for EU trade marks;
• optionally, WIPO’s databases for international registrations that may have effect in Romania.

The legal assessment of availability (similarity of signs, similarity of goods/services, likelihood of confusion) should ideally be made with the assistance of an IP lawyer or trade mark attorney.

8.5. What can I do if someone uses my track without permission on YouTube, TikTok or other platforms?

Depending on the situation, you can:

• use the platform’s internal tools to report copyright infringement (takedown procedures, DMCA notifications or equivalents);
• have your lawyer send a cease-and-desist letter to the user or to the entity benefiting from the unlawful use;
• ask collective management organisations whether the use is covered by a licence or is unlicensed;
• in serious cases, initiate court proceedings for infringement of copyright or neighbouring rights.

8.6. Is having a YouTube channel and social media accounts enough for legal protection?

No. Being present on online platforms does not replace the legal framework of copyright law or trade mark protection, nor does it replace properly negotiated contracts. The fact that you use a name on a platform does not automatically grant you registered trade mark rights, nor does it cover all legally relevant forms of exploitation.

8.7. When should a musician seriously consider working with an IP lawyer?

It is advisable to consult an IP lawyer when:

• you start earning significant income from music (streaming, shows, brand deals);
• you are about to sign contracts with labels, publishers, managers or brands;
• you are planning to register a trade mark for your stage or band name, or to protect important designs;
• you suspect that your rights are being infringed (plagiarism, unauthorised use, conflicting trade marks etc.).

9. Conclusions and how to book a consultation

Protecting the intellectual and industrial property rights of a performing artist is not a luxury; it is a prerequisite for building a sustainable career. The rights exist by virtue of the law, but their real economic value depends on how they are managed in practice: declarations to collective management organisations, trade mark and design registrations, carefully drafted contracts, monitoring and enforcement.

A lawyer specialised in intellectual property can help you to structure these elements, adapt them to the actual stage of your career and anticipate problems before they become expensive disputes.