Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of November 14, 2002 No. 1459-XV

About distribution of copies of works and soundtracks

(as amended on 07-07-2016)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Law purpose

This law is intended for realization of provisions of the Constitution of the Republic of Moldova and the current legislation about copyright and the related rights, protection of interests of owners of copyright and the related rights, and also determination of administrative measures on fight against illegal production and distribution of copies of works and soundtracks.

Article 2. Scope of application

(1) This law governs the relations connected with production and distribution of copies of works and soundtracks.

(2) the Relations which are not settled by this law are regulated by the current legislation about copyright and the related rights, and also other regulations.

(3) with discrepancies between the international treaty, one of the parties of which the Republic of Moldova is, and this law regulations of the international treaty have priority.

Article 3. Basic concepts

For the purpose of this law the following concepts mean:

the work - the audiovisual work, the computer program or the electronic database;

copy of the work or soundtrack - the copy of the work or soundtrack displayed on any material carrier, made directly or indirectly from original copy or other copy of the work or soundtrack;

production of copies of works or soundtracks - production of one or more copies of the work or soundtrack with observance of copyright and the related rights according to this law and the legislation on copyright and the related rights;

distribution of copies of works or soundtracks - import, export, distribution, delivery to hire or trade in any manner and in any form copies of works or soundtracks according to this law and the legislation on copyright and the related rights;

the distributor of copies of works or soundtracks - physical person or legal entity which according to the law takes the responsibility for the organization, implementation and financing of distribution of copies of works or soundtracks, having been authorized previously on implementation of these actions by owners of copyright and the related rights to the corresponding work or soundtrack;

storage of copies of works or soundtracks - content of copies of works or soundtracks in trade rooms or their extensions, in other rooms or in vehicles;

the cover of the work or soundtrack - part of packaging which contains graphical expressed information on management of the rights to the work or the soundtrack fixed on any material carrier and accompanies any copy of the work or soundtrack;

control brand - the label of single sample in the form of the three-dimensional image on the self-adhesive and self-destroyed basis containing the alphanumeric code consisting of series and number of copy of the work or soundtrack with the special level of protection on outer side;

soundtrack - any exclusively sound record of any execution, other sounds or their reproduction, except for the sound records included in the audiovisual work.

Article 4. Functions of the State agency on intellectual property in the field of distribution of copies of works and soundtracks

(1) For the purpose of ensuring compliance author's and the related rights and realization of provisions of this law the State agency on intellectual property (further - the Agency) performs the following functions in the field of distribution of copies of works and soundtracks:

a) No. 111 is excluded according to the Law of the Republic of Moldova of 17.05.2012

b) maintaining the State register of receivers of control brands (further - the State register) and management of it;

c) issue of control brands;

d) implementation of specialized examination of copies of works and soundtracks;

e) No. 111 is excluded according to the Law of the Republic of Moldova of 17.05.2012

f) implementation of other functions and rendering the services provided by this law and other regulations.

(2) the Agency publishes surname and name of physical persons or the name of legal entities, representatives in the editions to make and extend copies of works or soundtracks, decisions on registration or refusal in registration of specified persons in the State register, other materials connected with distribution of copies of works and soundtracks.

Article 5. Distribution terms of copies of works and soundtracks

(1) Persons extending copies of works or soundtracks shall file in the Agency petition for their registration in the State register and issue of the control brands corresponding to names and number of copies of the works or soundtracks intended for distribution.

(2) Distribution of copies of works or soundtracks is allowed in case of observance of the following conditions:

a) each copy of the work and soundtrack or its cover contain information on management of the rights to the work or soundtrack, and also the corresponding control brand;

b) the distributor has the delivery note on the corresponding copies of works or soundtracks certified by the signature of the owner in which names of works or soundtracks, the price and number of copies of each name, the amount (in lei) according to each name are specified;

c) the distributor has the registration certificate in the State register and the certificate of receipt of control brands;

d) the distributor has the contract constituted in writing, with the corresponding appendices, registered in accordance with the established procedure in the Agency, resolving distribution by certain method of the corresponding copies of works or soundtracks;

e) the distributor has other documents determined by the Government.

Chapter II Registration in the state register

Article 6. Registration

(1) For registration in the State register the physical persons and legal entities making and (or) extending copies of works or soundtracks submit the following documents to the Agency:

a) the statement of the established form;

b) the identity certificate or the passport - for physical persons;

c) the charter - for legal entities;

d) the registration certificate of the company or organization - for legal entities;

c) the certificate on assignment of fiscal code - for legal entities;

f) the document on the residence - for physical person or the document on the location - for the legal entity;

g) the author's agreements and other legal acts concluded with owners of copyright and the related rights to the work or soundtrack with indication of in them the permitted methods of production and (or) distribution of copies of works or soundtracks;

h) documents on the location of rooms in which activities for production and (or) distribution, including the rooms intended for storage of copies of works or soundtracks will be performed;

i) other documents provided by Regulations on the State register.

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