Lawyer for performing artists in Romania

Q: Can I limit, in the contract, the duration and territory where my performance may be exploited?

Yes. Licence contracts, and sometimes even assignment contracts, should clearly specify the duration (for example, 3 or 5 years) and the territory (Romania, Europe, worldwide). The absence of such provisions may lead to interpretations unfavourable to the artist, especially in the context of international exploitation.

Q: How can I check whether I am receiving all the remunerations due through collective management organisations?

It is important to be registered with the appropriate collective management organisation (for example, CREDIDAM) and to keep your repertoire up to date. Then, you can analyse reports and distribution statements, submit requests for clarification and, where necessary, consult a lawyer to request additional information or challenge certain distributions.

Q: How are performance-related incomes treated for tax purposes?

Income from copyright and neighbouring rights is regulated separately in the Tax Code, and the tax authority has published guides on tax and social contributions for such income. Depending on the method of payment (tax withheld at source or real system), different declaration and payment rules apply. Consulting a lawyer and a tax adviser is recommended.

Q: Do I need a lawyer if I am offered a “standard” contract by a production company?

Yes. “Standard” contracts are generally drafted in favour of the producer and may contain terms that are disadvantageous to the artist (for example, broad assignments, very long durations, lack of additional remunerations). A lawyer can identify the risks and propose amendments or alternatives.

Q: What can I do if the amounts stipulated in the contract are not paid?

You can start with a formal notice requesting payment of outstanding sums and, where appropriate, interest or penalties. If the situation is not remedied, you can resort to mediation, arbitration or court action to enforce the contract. The contract itself, evidence of the performance and evidence of the use of your performance are essential.

Q: What role does the lawyer play in my relationship with event organisers and festivals?

The lawyer can review and negotiate participation contracts, ensure that aspects such as filming, recording, image rights, cancellations and payment terms are properly regulated, and intervene when the organiser does not comply with its obligations.

This article is for information purposes only and does not constitute legal advice. Concrete situations must be analysed individually, depending on the contracts, documents and legislation in force at that time.

If you are a performer – actor, musician, dancer, vocalist, reciter, stand-up comedian, circus artist or any other type of performer – your work essentially means two things: the performance itself and the way that performance is exploited (recorded, broadcast, put online, used in ads, streaming, etc.).

From a legal point of view, you are not just a “guest on stage”, but a holder of neighbouring (related) rights to copyright. Law No. 8/1996 expressly defines the notion of “performing artist or performer” and establishes both moral rights (paternity, respect for the integrity of the performance) and economic rights (remunerations, licences, assignments, communication to the public, etc.).

The practical question is: how do you protect your performance, image and income concretely, in a market where everything is filmed, recorded and distributed in seconds? And what can a specialised lawyer realistically do for you?

This article aims to answer exactly this question, from the perspective of a lawyer working with copyright and neighbouring rights, and to explain, step by step, where the role of a “lawyer for performing artists” begins and where it ends.

1. Who is a “performing artist” in legal terms and why the definition matters

In everyday language, the performer is “the person who plays a role in a show, a musical piece, a poem, etc.” (common definition, also reflected on dexonline.ro). In legal language, however, the definition is more technical.

Law No. 8/1996 on copyright and neighbouring rights provides that performing artists or performers are actors, singers, musicians, dancers and other persons who present, sing, dance, recite, play, conduct or otherwise perform a literary or artistic work or any type of show (including folklore, circus, variety shows, etc.).

This definition matters because it:

establishes your status as a holder of neighbouring rights – you are not just a “service provider”, but have your own rights;
makes it clear that we are not talking only about music or film, but also about theatre, contemporary dance, stand-up comedy, TV shows, street performances, etc.;
forms the basis of your right to equitable and proportionate remuneration when your performance is commercially exploited.

In addition, through recent amendments to Law No. 8/1996, explicit provisions have been introduced regarding the appropriate and proportionate remuneration of authors and performing artists for the licences or assignments of rights they grant.

2. Your rights as a performing artist: moral vs. economic

As a performer, you do not have only a one-off “fee”. You have a bundle of rights that continue to produce effects long after you leave the stage or the camera stops rolling.

2.1. Moral rights

Moral rights are linked to your person and are, in principle, inalienable (they are not sold or assigned). Among them, typically, are:

the right to be recognised as the performer in connection with the performance (paternity of the performance);
the right to respect for the integrity of the performance – not to have it mutilated, cut or associated with contexts that change its meaning or harm you;
the right to oppose uses that infringe your dignity or reputation.

2.2. Economic (patrimonial) rights

Economic (patrimonial) rights are, simply put, the rights that “generate income”. For performers, depending on the type of performance and the contract, these may include:

the right to authorise or prohibit the fixation (recording) of the performance in audio/video form;
the right to authorise or prohibit the reproduction of the fixed performance (copies, DVDs, vinyl, streaming, downloads, etc.);
the right of communication to the public (TV/radio broadcasting, streaming, communication in public spaces – restaurants, clubs, etc.);
the right to collective remunerations, managed by collective management organisations (CMOs) such as CREDIDAM and other bodies authorised by the Romanian Copyright Office – ORDA.

These economic rights can be licensed (granted temporarily) or assigned (transferred definitively) on the basis of contracts – this is where the essential role of the lawyer comes in.

3. Concrete situations in which the performer risks losing control over their performance

In practice, problems do not start from definitions, but from very concrete situations:

the audience records the entire concert with their phones and posts the recording on YouTube or TikTok without any permission;
a video shot for a festival is later reused in a commercial campaign, in a context you do not agree with;
a production company continues to exploit old recordings, although the contract provided for a certain duration or territory;
clips in which you appear are “cut” or “remixed” in ways that affect your image or artistic message;
live recordings remain for years on streaming platforms without you being paid the remunerations due.

All these situations may amount to infringements of your neighbouring rights, your right to image or contractual obligations. The lawyer’s role is to turn these diffuse situations into clear legal claims: which right was infringed, by whom and what remedies you can obtain.

4. How a lawyer specialised in performers’ rights can help you

A lawyer with experience in intellectual property law and in working with performers does not “just draft a notice”. Realistically, their work can cover the entire “life cycle” of your performance:

Advice on proof of priority and protection of the performance: using relevant registries, time-stamping tools (legal deposit, registers managed by ORDA, internal archiving procedures).
Advice on communication to the public: how, where and under what conditions the performance is made available to the public, what the risks are and what must be negotiated with event organisers.
Structuring the economic exploitation of the performance: self-managed (independent) exploitation or via third parties (production companies, agents, streaming platforms).
Assistance in dealings with collective management organisations: registration, updating your repertoire, checking distributions, challenging situations where you cannot find all performances for which you should be remunerated (for example, via CREDIDAM or other CMOs registered with ORDA).
Negotiating and drafting contracts: licence or assignment contracts, management or booking agreements, collaborations with producers, TV stations, online platforms, commercial brands, etc.
Handling disputes: notices, negotiations, online take-down procedures, court actions for infringement of rights or breach of contract.
Tax advice in cooperation with specialists: structuring income from intellectual property rights and/or independent activities so that tax rules are complied with while maintaining a minimum level of cash-flow predictability for the artist.

In other words, the lawyer does not intervene only when “something bad has already happened”, but can have a planning and prevention role, just like a good manager or accountant.

5. The performer’s contract: licence vs. assignment of rights

In most cases, the performer signs copyright/neighbouring rights contracts – either directly with the organiser/producer or through an agent or production company.

5.1. Licence agreement

Under a licence, you remain the holder of the economic rights over the performance, but you allow its use under certain conditions:

for a fixed duration (for example, 3 years);
on a certain territory (Romania, the EU, worldwide);
for specific modes of exploitation (TV, streaming, communication to the public, etc.);
in exchange for a fixed, variable or mixed remuneration (fixed amount + percentage, royalty, success bonus, etc.).

A licence is similar to “renting” the rights: you remain the “owner” but allow someone else to use the performance under defined conditions. The advantage is that you can renegotiate, you can license to other partners after the period expires, and the law recognises your right to appropriate and proportionate remuneration for such exploitations.

5.2. Assignment agreement

Through an assignment, you transfer the status of holder of the economic rights over the performance (in full or in part) to the other party. In practice, an assignment is closer to a “sale” of rights.

The major risk is that, in exchange for a one-off sum, you lose control over how your performance will be exploited in the future, including in the very long term. That is why it is essential that:

the clauses on the duration and territory of the assignment are very clear;
you understand what you are giving up and for how long;
the contract provides for possible additional remunerations if exploitation exceeds certain thresholds (of audience or revenue).

Current legislation provides, in certain cases (for example, for older phonograms), additional rights for performers – including an annual supplementary remuneration, managed through collective management organisations – to avoid situations where only producers benefit from extensions of protection terms.

6. Legal and tax structuring of the performer’s activity

Beyond copyright and neighbouring rights, your activity also needs a clear legal and tax structure. Broadly speaking, the performer can work:

under intellectual property rights contracts (copyright and neighbouring rights), with withholding tax, in line with the guidelines published by the tax authority (ANAF) on income from intellectual property rights;
as a sole trader (PFA) or individual enterprise, under Government Emergency Ordinance No. 44/2008 on the conduct of economic activities by authorised individuals, with specific NACE codes (e.g., artistic performance activities);
through a limited liability company (SRL) (for example, for complex projects, collaborations with brands or large productions).

The choice of structure depends on the volume of work, the types of contracts, the number of collaborators and your long-term strategies. Typically, the lawyer works together with an accountant or tax adviser to correctly integrate copyright/neighbouring rights contracts, performance-related income and any “parallel” income (advertising campaigns, sponsorships, influencer work, etc.).

7. How to reduce the risk of your rights being infringed (prevention)

Ideally, you prevent problems rather than fixing them. Some concrete preventive measures your lawyer can assist with:

Clear contracts, negotiated before the performance: do not accept the “standard contract” without reading it; negotiate at least the duration, territory, modes of exploitation and remunerations.
Clear filming rules at the event: clauses in the contract by which the organiser undertakes to display and enforce rules on filming and sharing of recordings by the audience.
Management of official images: clearly designating the “official” photos and recordings that can be used for promotion, who may use them and under what conditions.
Audit and reporting clauses: in contracts with producers or platforms, including obligations to report (for example, how often usage and payment reports are to be sent).
Internal procedures for online infringements: who monitors platforms, who sends take-down requests, how evidence is documented (screenshots, URLs, access dates).

Many of these measures do not necessarily cost more money, but require attention at the time of signing the contract. The real costs usually appear when such clauses are missing and need to be “fixed” retroactively.

8. Disputes, negotiations and take-downs: what happens when your rights have already been infringed

Even with preventive measures, infringements occur. A lawyer can structure the response in several stages, depending on how serious the situation is and on your objective (stopping the broadcast, obtaining damages, maintaining a commercial relationship, etc.):

Legal analysis of the situation: identifying the infringed rights (neighbouring rights, right to image, contractual clauses), the liable persons (organiser, producer, platform, third parties) and available evidence.
Formal notice: sending an official communication to the responsible parties, requesting that they cease the use, remove materials, pay outstanding amounts or renegotiate certain clauses.
Online procedures: using platforms’ internal mechanisms (YouTube, Instagram, TikTok etc.) for reporting copyright or image infringements.
Negotiating an amicable solution: in many cases, this is preferable to court action, especially when the commercial relationship is important.
Court action: when the damage is significant or the other party refuses to cooperate, you may go to civil court or, in certain cases, to criminal proceedings for copyright and neighbouring rights infringements.

The decision to go to court is always yours, after you understand the costs, duration and real chances of success. The lawyer’s role is to present the possible scenarios, not to guarantee outcomes.

9. What collaboration with a lawyer for performers looks like in practice

In reality, collaboration does not look like in a movie with “the lawyer walking into court”, but much more like a medium- and long-term partnership:

Initial consultation: discussion about your type of activity, the contracts you have or are about to sign, and the problems you have encountered so far.
Audit of contracts and workflows: reviewing existing contracts, the way you manage your income from rights and your relationship with CMOs.
Personalised legal plan: setting basic rules – how you sign contracts, what you refuse, what you negotiate, how you respond to “standard” proposals.
Ad hoc interventions: notices, negotiations, assistance at signings, meetings with producers or event organisers.
Periodic reassessment: as your career evolves (from beginner to high-profile artist), legal and tax strategies must also be adapted.

10. Conclusions: the lawyer for performing artists as your legal “stage partner”

Your rights as a performing artist do not end with the fee you receive at the end of the evening. The law recognises an entire set of moral and economic rights, remunerations, rights to information about the exploitation of your performances and protection mechanisms against unauthorised uses.

At the same time, the practical context – mobile phones, global platforms, standardised contracts, collective management organisations, ever-changing tax rules – means that handling all these aspects alone is, realistically, impossible for most artists.

A lawyer who understands the cultural sector and copyright is not only “the one who defends you in court”, but also:

the one who helps you put your contracts in order and avoid giving away more than necessary;
the one who translates contracts from production companies, TV stations or platforms into clear language;
the one who tells you when it is worth accepting an assignment and when it is healthier to license in a limited way;
the one who defends your rights when your performances are used without permission or without payment.

The question is not just “Do I need a lawyer?”, but rather “How can I efficiently integrate a lawyer into the way I manage my artistic career and income?”.

Frequently asked questions about lawyers for performing artists

1. What does “performing artist” mean in legal terms?

Under Law No. 8/1996, a performing artist or performer is any person who presents, sings, dances, recites, plays, conducts or otherwise performs a work or a show (actor, singer, musician, dancer, etc.). You do not have to be a “star” to be protected by law; what matters is that there is an artistic performance or execution.

2. My entire concert was filmed by the audience and uploaded online. Can I request its removal?

Yes, in principle you can request removal or restriction of dissemination if the recording infringes your neighbouring rights or your right to image. In practice, you usually combine two mechanisms: notifying the platform through its internal procedures (copyright/take-down) and notifying the person who uploaded the content. A lawyer can help you formulate the requests correctly and, where appropriate, seek compensation.

3. What is the difference between a licence and an assignment for my performances?

A licence allows you to remain the holder of the economic rights, but you grant the right to use the performance for a certain duration, in a certain territory and under certain conditions. An assignment transfers the title to the economic rights (in whole or in part) to the other party. Generally, a licence offers you more long-term control, whereas an assignment is much harder to “undo” later.

4. Can I limit, in the contract, the duration and territory where my performance may be exploited?

Yes, and this is recommended. Licence contracts, and sometimes even assignment contracts, should clearly specify the duration (for example, 3 or 5 years) and the territory (Romania, Europe, worldwide). The absence of such provisions may lead to interpretations unfavourable to the artist, especially in the context of international exploitation.

5. How can I check whether I am receiving all the remunerations due through collective management organisations?

First, you must be registered with the appropriate collective management organisation (for example, CREDIDAM for many neighbouring rights of performers) and keep your repertoire up to date. Then, you can analyse reports and distribution statements, submit requests for clarification and, if there are serious doubts, consult a lawyer to request additional information or challenge certain distributions.

6. How are performance-related incomes treated for tax purposes?

Income from copyright and neighbouring rights is treated separately in the Tax Code, and the tax authority has published detailed guides on tax and social contributions for such income. Depending on the method of payment (withholding at source or real system), different declaration and payment rules apply. It is advisable to discuss both with a lawyer and with a tax adviser or accountant to choose the most suitable structure for your situation.

7. Do I need a lawyer if I am offered a “standard” contract by a production company?

Yes, it is very useful to have legal review before signing, especially if the document provides for assignment of economic rights or very long durations. “Standard” contracts are usually written in favour of the producer and may contain terms that are difficult or impossible to change later. A lawyer can point out which clauses are risky and what changes or alternatives you can request.

8. What can I do if the amounts stipulated in the contract are not paid?

Depending on the contract, you can start with a formal notice requesting payment of outstanding sums and, where appropriate, interest or penalties. If the situation is not remedied, you can resort to mediation, arbitration or court action to enforce the contract. Documents proving the performance and use of your performance are essential: the contract, usage reports, evidence of broadcasting, financial statements, etc.

9. What role does the lawyer play in my relationship with event organisers and festivals?

The lawyer can review and negotiate participation contracts (fee, image rights, filming, recording, merchandising, cancellations, force majeure), ensure that your rights are properly regulated in case of cancellation or postponement, and intervene when the organiser does not comply with their obligations (payments, technical conditions, promotion, etc.).

10. When is the “right moment” to involve a lawyer in my artistic career?

Ideally, you involve a lawyer from the moment your performances start to be recorded, broadcast or monetised at a significant level. Fixing disadvantageous contracts signed “at the beginning” is much more difficult than negotiating them fairly from the outset.