Intellectual Creation - How Do You Protect It?

02/27/2019

What should you do that, one day, pop music star Rihanna, may ask your permission to sing your song? Be Dan Balan? It’s not necessarily! It is enough that Rihanna may like the inspiration and creativity transposed into your piece. Later, knowledge and effective management of the rights recognized by the law in the work will guide you towards a secure profit. We do not know whether the consent of the talented Moldovan composer was “worth” something, it is certain that, having a fair and legal management of rights, Dan Balan was able to fully “bathe” in the glory enjoyed by the remake of the overseas “Live your life”.

It may well be that the fame is at the corner of the street in your case as well! If you are convinced that you have created something valuable (the poetry you wrote on a paper napkin or your piece that you recorded on your phone, tentatively), you need to learn more about how intellectual creations can be protected.

Whether the matter is about works in the field of literary, dramaturgy, music, cinema, IT, architecture or choreography – in the Republic of Moldova the registration of creations protected by copyright and related rights is effected by the State Agency on Intellectual Property (AGEPI).

Lilia Bolocan, Director General of AGEPI: "An author shall enjoy exclusive rights in his work by the sole fact of having created such work. Respectively, for the existence and application of copyright no registration of the work or any other act of notice or other formality shall be required. However, if the author decides, he can register his work with the AGEPI, obtaining a certificate that proves to be useful in many situations. For example, concluding license agreements or assigning rights to a disk house, a publisher, for example, is often conditioned by the presentation of the creation registration certificate. This document is also welcome in the event of a dispute, since the court can recognize it as a presumption of authorship, in the absence of the proof to the contrary."

The world music industry is the most relevant example to understand how the CRR can be harnessed. This branch of the economy generates more than 50 billion dollars annually from the conduct of concerts, CD production, phonogram printing, etc. As a result, the protection and proper management of copyright and related rights is crucial for an artist who is planning the commercial use of his creations. Marcel Bostan, the frontman of the most successful rock band in Moldova – “Alternosfera” – knows it well, and has practically registered all his pieces with AGEPI.

Photo: aquarelle.md

Marcel Bostan, soloist, “Alternosfera” band: «This procedure is useful in the case of appearance of disputes or copyright conflicts. We had a conflict in 2003-2004 with a company selling ringtones. The fact that our songs were officially registered has helped us receive some damages as a result of the court’s decision. At the same time, the contract with AGEPI allows you to multiply the pieces. Any company dealing with the sale of CDs necessarily requests acts confirming ownership.».

Cinematographic production registration applications were also filed with the AGEPI. For example, the authors of the short film “Flutulus” – a native production directed by Igor Sadovski – registered it in the “audiovisual work” category. The film is a poetic drama inspired by the parable “The Disciple and the Butterfly” and highlights the importance of the decisions that we must take day by day. The film has won over 30 awards at international festivals.

Photo: diez.md

Veaceslav Cebotari, author of the script: : «We have been asked for acts that confirm copyright, especially because we have original music in the movie. At some competitions, we also had to present them. It’s a mandatory world practice if you want to be on a par with the world. Of course, it takes some time, it costs, but in the 21st century there is a procedure from which one cannot escape.».

And if we are still living in a modern society, copyright has come to reflect on IT products, which are also creations of human intelligence. The developers of the most popular advertising site in Moldova, who once realized that a clone site is competing and misleading Internet users, have not regretted appealing to AGEPI.

Photo: simpals.com

Dorian Doronceanu, lawyer, company “Simpals”: «The address of our website is www.999.md. They only added another figure of “9”, launching the site 9999.md. But this was not the worst. The design of the clone platform was identical to the design we developed. The AGEPI certificate was also useful to us when we went to court and when we went to the police. We won the cause in that criminal case, and that site was soon liquidated.».

Thus, the CRR system motivates the authors to continue to create, and users – to harness the created original works, that, ultimately, society can progress. Visit the http://agepi.gov.md/ro/copyright/despre-dac link to learn how to protect your creations.

This material is produced under the Project “Support for Enforcement of Intellectual Property Rights”, funded by the European Union.