Government of the Republic of Moldova

STATE AGENCY ON INTELLECTUAL PROPERTY

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Copyright. Term of Protection

The exclusive economic rights and the right to remuneration shall be protected throughout the lifetime of the author and for 70 years after his death, computed as from January 1 of the year following that of his death.

  • Copyright in audiovisual works shall be protected for 70 years, computed as from January 1 of the year following that of the death of the last surviving joint author: the principle director, the author of the scenario, the author of the dialogue, and the composer – the author of the musical work created specifically for such audiovisual work.
  • Copyright in anonymous or pseudonymous works, except in works of applied art, shall be protected for 70 years, as computed from January 1 of the year following that of the legal publishing of the work.
  • Copyright in works of joint authorship, except in works of applied art, shall be protected throughout the lifetime of each joint author and for 70 years as computed from January 1 of the year following that of the death of the last surviving joint author.
  • Copyright in works of applied art shall be protected for 25 years from its creation, except the industrial designs and models unregistered in compliance with the Law on the protection of the industrial designs, created for industrial purposes of reproduction and subject to a 3-year protection from the creation thereof.
  • Copyright in a work that was not previously published, upon expiry of the term of protection, shall be protected for 25 years from the date on which the work was firstly published or lawfully disclosed to the public.
  • Copyright in critical or scientific publications of the works edited after the expiration of the term of protection thereof shall be protected for 30 years from the date it was firstly lawfully published.

Moral (personal) rights of the author shall be protected without limitation in time. After the death of the author, the protection of his moral rights shall be assumed by his heirs and by the organisations duly authorized to assume the protection of the authors` rights. Such organizations shall also assume protection of moral rights of the authors in the absence of heirs or where the copyright of the heirs has terminated.

Term of protection of related rights

  • The rights shall be protected for 50years as from the date of the first performance. The performer's right to name and authorship shall be protected without limitation in time.
  • The rights of producers of phonograms shall be protected for 50 years as from the date of the first recording of the phonogram.
  • The rights of producers of videograms shall be protected for 50 years as from the date of the first recording of the videogram.
  • The rights of broadcasting and cable distribution organisations shall be protected for 50 years as from the first transmission of the broadcast by such organisation.

Term of protection of the rights of database producers

The right to extract or re-utilise the contents of a database shall be protected for 15 years, as from the date of the database completion.

Any substantial change of the contents of a database, including any substantial change resulting from the accumulation of successive additions, deletions or alterations which would result in the database being considered to be a substantial new investment, evaluated qualitatively or quantitatively, shall qualify the database resulting from that investment for its own term of protection.

On expiry of the economic rights, the work shall fall into the public domain. Works in the public domain shall be used freely, provided that the moral rights of authors and other holders of rights are observed, and subject to payment of a lawful remuneration.