LAW OF THE REPUBLIC OF MOLDOVA

of July 2, 2010 No. 139

About copyright and the related rights

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Legal basis

(1) Copyright and the related rights, protection of these rights and responsibility for their violation are regulated by the Constitution of the Republic of Moldova, international treaties which party is the Republic of Moldova, this law and other regulations.

(2) This law governs the relations arising in connection with creation and use of literary, art and scientific works (copyright), execution, soundtracks, videos and transfers of the organizations of broadcasting (related rights), and also other rights recognized in connection with intellectual activities in the field of literature, art and science.

Article 2. International agreements. National treatment

(1) If the international treaty which party is the Republic of Moldova establishes other regulations, than those which contain in this law are applied regulations of the international treaty.

(2) Foreign physical persons and legal entities, whose works or objects of the related rights are protected by the international treaty which party is the Republic of Moldova, have the right to the protection equivalent to the protection provided by this law to physical persons or legal entities of the Republic of Moldova (national treatment).

(3) This law is applied to all works and objects of the related rights protected by international treaties which party is the Republic of Moldova by the time of entry into force of the relevant agreement not turned into public property in country of source owing to the expiration of earlier provided term of protection and not turned into public property in the Republic of Moldova owing to the expiration of earlier provided protection term.

Article 3. Basic concepts

In this law the following concepts are used:

the author - physical person which creative activity creates the work;

the database - compilation of these or other materials irrespective of, they are protected by copyright or the related rights or not, both in machine-readable, and in other form, systematically or methodically ordered, available by means of electronic or other means;

the public message - the message of images and/or sounds of works or objects of the related rights in air, including via the satellite (TV and radio broadcasting), on cable or by means of other means so that they can be apprehended by persons which are not belonging to regular circle of family or close acquaintances in places in which without such transfer of the image and/or sounds they cannot be apprehended. The message of the coded signals is the message in air or on cable (the public message) if means of decoding are provided to public by the organization radio either according to cable broadcasting or from its consent. Relaying in air or on cable which is made neodnovremenno with the original public message or is made with changes (duplication, subtitling, advertizing inserts) is recognized the new public message in air or on cable;

public display - demonstration of the original or copy of the work directly or indirectly - by means of demonstration of the image of the work by means of slides or other means on the screen or other similar image (except the message in air or on cable) so that the work, its copy or the image are shown in the place open for garden leave, or in any other place where they can be apprehended by persons which are not belonging to regular circle of family or close acquaintances. Public display of the audiovisual work is demonstration of its separate personnel without respect for their sequence taking into account that display of personnel of the audiovisual work in the regular sequence is public performance;

distribution - introduction into circulation by sale or any different way of transfer into the ownership, both for a fee, and is non-paid, the original or copies of the work or objects of the related rights, and also their public offer;

transfer of on-air or cable broadcasting to the organization - the program created by the organization of on-air or cable broadcasting or for its order at the expense of its means by other organization;

expression of folklore - the creation consisting of the characteristic elements of traditional cultural heritage developed and kept by community or separate individuals, reflecting traditional art expectations of community;

soundtrack - any exclusively sound record of any execution, the work or expression of folklore, sounds or their displays, except the sound record included in the audiovisual work;

record - fixing by all means and in any manner sounds and/or images or their displays on the material carrier, including electronic, allowing to perform their perception, reproduction or the message;

information on management of the rights - any information provided by the owner of the rights which identifies the work or other object protected by this law, the author or other owner of the rights or information on conditions of use of the work or other protected object, and also any figures and codes which contain such information;

the contractor - the actor, the singer, the musician, the dancer, the conductor or the other person who plays role, reads, recites, sings, plays musical instrument, dances or otherwise participates performed by the work, expression of folklore or any representations, including variety, folklore, circus, doll;

public performance - submission of works, execution or soundtracks by means of game, the recitation, singing or otherwise both in live execution, and by means of various technical means or methods (except the public message) in the place open for garden leave, or in the place where they can be apprehended by the faces which are not belonging to regular circle of family or close acquaintances;

provision in temporary free use - provision of publications in any format in use for certain term and without the purpose of extraction of sure or indirect economic or commercial gain when it is performed by means of public organizations;

delivery in hire (for rent) - provision of the work or object of the related right in use for certain term for the purpose of extraction of sure or indirect economic or commercial gain;

technical means of protection - any technical devices or their components, the functioning controlling access to works or objects of the related rights, preventing or limiting implementation of actions which are not resolved by owners of the rights protected by this law concerning works or objects of the related rights. Technical means are considered effective if use of the work or other objects protected by this law is controlled by owners of the rights by means of use of code of access or different way of protection, such as coding, skremblirovaniye (shift of elements), other transformation of the work or other protected object, or use of the mechanism of control of copying which if they are bypassed, answer the protection purposes;

the work - original result of creative activities in the field of literature, arts and sciences, regardless of tools, specific method and form of expression, its advantages and value;

the audiovisual work - the work consisting of the fixed series of the personnel connected among themselves, with maintenance or without their sound, making the impression of movement intended for visual and acoustical (in case of maintenance by sound) perceptions by means of the corresponding devices;

the collective work - the work created by several physical persons so that determination of extent of participation of everyone is impossible, on initiative and under the direction of the physical person or legal entity publishing the work under the name;

the manufacturer of soundtrack - physical person or legal entity, on initiative and under which responsibility, including financial, the first record of sounds of execution, other sounds or displays of sounds is performed;

the manufacturer of the audiovisual work - physical person or legal entity, on initiative and under which responsibility, including financial, the audiovisual work is created;

the manufacturer of video - physical go the legal entity, on initiative and under which responsibility, including financial, the video is made;

the computer program - set of the instructions, teams and/or codes expressed in any form or in any manner, intended for functioning of the computer for the purpose of achievement of particular purpose or result. The term "computer program" covers both application programs, and operating systems, and also the preparatory materials received in the course of development of the program provided that the nature of preparatory materials such is that at the subsequent stage the computer program can become their result. The computer program can speak any language, both in the form of the source code, and in the form of object code;

publication - provision to public of copies of the work, execution, soundtrack, video or transfer with the consent of the author or other owner of copyright or the related rights in the quantity sufficient for satisfaction of reasonable needs of public;

informing everyone in the interactive mode - provision of access to the work or object of the related rights on wires or means of wireless communication, including the Internet or other computer networks, thus, in case of which any person can have access to it from any place and at any time at the choice;

reproduction - production of one or several copies of the work or object of the related rights, direct or mediated, temporary or permanent, by all means and in any form, including for the purpose of zvuko-or videos and/or storages of the work or object of the related rights on material or electronic media;

reprographic reproduction (reproduction) - facsimile reproduction in the natural, increased or reduced type of the original of written or other graphical work by photocopying or by means of other technical means, others, than the edition. Reprographic reproduction does not include record of the work in electronic (including digital), optical or other machine-readable form;

relaying - simultaneous transfer to air or on cable one organization of on-air or cable broadcasting of the transfers performed by other organization of on-air or cable broadcasting;

the companion - any satellite functioning in the ranges of frequencies which according to the legislation on telecommunications are reserved for the purpose of the public message (transfer to air) of signals for open acceptance or for the closed communication in the point-to-point mode. At the same time in the latter case circumstances in which acceptance of signals by representatives of public is performed shall be comparable to the circumstances existing in the first case;

use - any action connected with use in any form and in any manner the objects of copyright, the related rights or other rights protected by this law;

video - the first record of images, with maintenance or without their sound, irrespective of whether it can be qualified as the audiovisual work.

Article 4. Functions and tasks of the State agency on intellectual property in the field of copyright and the related rights

(1) the State agency on intellectual property:

a) participates in development and within the competence puts into practice adequate policy of protection, implementation and providing copyright, the related rights and other rights protected according to this law, the international obligations and national interests of the Republic of Moldova;

b) makes offers in the Government, the ministries and other central administrative authorities if carrying out the measures necessary for implementation of the policy specified in Item and), goes beyond its competence;

c) performs collection of necessary information, carries out educational and advisory work on informing the ministries, other central administrative authorities, judicial authorities and other organizations, owners of the rights and users of the respective sphere about the value and legal and practical aspects of protection, implementation and providing copyright, the related rights and other rights protected by this law, developing and extending for this purpose information materials, organizing promotional campaigns and actively cooperating with mass media;

d) participates in project development of regulations about the protection, implementation and providing copyright, the related rights and other rights protected by this law;

e) represents the Republic of Moldova in the international and regional organizations in the field of copyright, the related rights and other rights protected by this law;

f) establishes and supports according to legislative and regulations mutually beneficial cooperation with the similar departments, the agencies, research organizations and other organizations of other countries operating in the field of copyright, the related rights and other rights protected by this law;

g) accepts and considers requests for registration of objects of copyright and the related rights, registers and grants certificates on their registration on behalf of the state;

h) issues the conclusions to the organizations for management of copyright and/or the related rights on collective basis, exercises monitoring and control of their activities;

i) issues control brands according to the legislation.

(2) the State agency on intellectual property establishes Mediation committee and Specialized arbitration in the field of intellectual property which consider and solve the disputes carried to their competence according to special laws in intellectual property including according to provisions of this law, and also disputes in the field of management of copyright and the related rights on collective basis. Mediation committee and Specialized arbitration in the field of intellectual property are effective according to the provision approved by the Government.

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