The withdrawal right of intellectual works

Abstract

The withdrawal right was clearly stipulated for the first time in the Romanian legislation by Law no. 8 / 1996 on Copyright and Neighboring Rights. Still, its existence had also been established by the previous law (see Decree no. 321 / 1956). Unlike the French legislation, the Romanian withdrawal right is poorly settled; although it is an absolute right, the author has the obligation to indemnify any owners of the exploitation rights who might be prejudiced by the exercise of the said withdrawal right. There are also some issues that need to be highlighted in connection to the law stipulations and the Romanian context. For example, due to its discretionary character, this right cannot be exercised in an abusive manner (since it would create a contradiction in terms), while the withdrawal act, performed as a consequence of the pressures exercised by a dictatorial political regime, is null, and the object of the withdrawal could be an intellectual work let unknown to the public.