Government of the Republic of Moldova

STATE AGENCY ON INTELLECTUAL PROPERTY

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Content of Copyright

Copyright shall comprise moral (personal) rights and economic rights.

Moral (personal) rights of an author may not be the subject matter of a renunciation or assignment and shall be imprescriptible, even if the author transfers his economic rights:

  • the right of authorship;
  • the right of name;
  • the right to respect for the integrity of his work;
  • the right to disclose his work;
  • the right of withdrawal of his work.

Exclusive economic rights

The author or other holder of copyright shall enjoy the exclusive right to perform, authorize or prohibit exploitation of the work, including:

  • a) reproduction of the work;
  • b) distribution of the original or copies of the work;
  • c) rental of the copies of the work, except for the works of sculpture and works of applied art;
  • d) importation of copies of the work for the purposes of distribution, including copies made with the authorization of the author or other holder of copyright;
  • e) presentation of the work in public;
  • f) public performance of the work;
  • g) communication of the work by air to the public, including satellite (broadcasting by television and radio), or by cable;
  • h) simultaneous retransmission and without modifications, by air or cable, of the work transmitted by air or cable;
  • i) interactive making available to the public of the work;
  • j) translation of the work;
  • k) transformation, adaptation, arrangement or any other modifications of the work, except for the cases when carrying out the actions under letters a)–k) is not included in the form of expression of the work, and which has no prescribed sanctions.

The author or other holder of exclusive economic rights shall have the right to equitable remuneration. The amount and manner of payment of remuneration due to the author for each case and form of exploitation of his work shall be laid down in the author’s contract or in the contracts which the collective management organizations conclude with users.

Related rights

Holders of related rights shall be the performers, producers of phonograms, producers of videograms and broadcasting organizations.

The rights of performers, producers of phonograms/videograms and broadcasting and cable distribution organizations:

A performer shall enjoy the exclusive right to authorize or prohibit the following actions:

  • fixation of his unfixed performance;
  • reproduction of the fixation of his performance;
  • distribution of the fixation of his performance;
  • rental of the fixation of his performance;
  • communication to the public of his performance by air (broadcasting) or by cable, except where the performance is itself a broadcast performance or is made from a fixation;
  • interactive making available to the public of his fixed performance.

A producer of phonogram/videogram shall have the exclusive right to authorise or prohibit the following actions with respect of his phonogram/videogram:

  • reproduction of the phonogram/videogram;
  • distribution of copies of the phonograms/ videograms;
  • rental of copies of the phonogram/ videograms;
  • importation for the purposes of distribution of copies of the phonogram, including the copies made with the consent of the producer of phonogram;
  • interactive making available to the public of the phonogram/videogram;
  • adaptation or any other transformation of the phonogram.

Broadcasting or cable distribution organisations shall enjoy the exclusive right to authorise or prohibit the following acts in respect of their programs broadcast or distributed by cable:

  • fixation of the broadcast;
  • reproduction of a fixation of the broadcast;
  • distribution of the fixation of the broadcast;
  • communication to the public by cable of the broadcast;
  • retransmission of the broadcast;
  • broadcasting and communication to the public in places accessible against payment of an entrance fee;
  • interactive making available to the public of the fixation of the broadcast.