WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MDA/C/1
6 February 2002
(02-0569)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
MOLDOVA
The present document reproduces the text1 of the Law on Copyright and Neighbouring Rights
Nº 293-XIII, as last amended in 2000, as notified by Moldova under Article 63.2 of the Agreement
(see document IP/N/1/MDA/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MOLDOVA
Le présent document contient le texte
1 de la Loi n° 293-XIII sur le droit d'auteur et les droits
voisins, modifiée pour la dernière fois en 2000, qui a été notifié par la Moldova au titre de l'article
63:2 de l'Accord (voir le document IP/N/1/MDA/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
MOLDOVA
En el presente documento se reproduce el texto
1 de la Ley de Derecho de Autor y Derechos
Conexos Nº 293-X III, modificada en 2 000, notificado por Moldova de conformidad con lo dispuesto
en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MDA/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/MDA/C/1
Page 2
REPUBLIC OF MOLDOVA
Law on Copyright and Neighboring Rights
(Amended by Law no. 29-XIV, of May 28, 1998 and
Law no. 1207-XIV, of July 28, 2000)
TABLE OF CONTENTS
Article
Chapter I: General Provisions
Legal Basis 1International Treaties 2Basic Concepts 3
Chapter II: Copyright
General Provisions 4Scope of Copyright 5Works Protected by Copyright 6Works Not Protected by Copyright 7Acknowledgement of Authorship; Presumption ofAuthorship; Regist ration of Works 8
Moral Rights 9Economic Rights 10Works of Joint Authorship 11Copyright in Audiovisual Works 12Copyright in Composite Works 13Copyright in Derived Works 14Copyright in Collective Works 15Right of Access to Works of Fine Art; Resale Royalty
16
Transfer of Copyright by Succe ssion; Term of Copyright 17
Copyright in Works Created in  the Execution  of Duties 18
Use of the Works of Auth ors by Other Persons 19
Chapter III: Limitations on Economic Rights
Reproduction of Works for Personal Use 20Reprographic Reproduction by Libraries;Archive Services and Teaching Establishments 21Free Use of Works 22Reproduction of Computer Programs and Databases;Decompilation of Computer Programs 23
Chapter IV: Authors’ Contracts
Transfer of Economic Rights  by Author’s Contract 24
Conditions and Form of Authors’ Contracts 25IP/N/1/MDA/C/1
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Chapter V:   Neighboring Rights
  Holders of Neighboring Rights; Scope of Neighboring  Rights 26
   Rights of Performers 27
Rights of Phonogram Producers 28Rights of Broadcasting and cable DistributionOrganizations 29Limitation of the Rights  of Performers, Phonogram
Producers and Broadcasting and Cable DistributionOrganizations30
Use of Phonograms Published for Commercial Purposes 31
Ephemeral Recording of a Performance or of a ProgramBroadcast by a Broadcastin g or Cable Distribution
Organization32
Term of Neighboring Rights 33
Chapter VI: Collective Administ ration of Economic Rights
Functions of State Agencies in the Protection of Copyrightand Neighboring Rights 34Establishment of Organizations for the CollectiveAdministration of Economic Rights 35
Functions and Obligations of Organizations for the
Collective Administration  of Economic Rights 36
Chapter VII: Infringement of Co pyright and Neighboring Rights
Infringement of Copyright and Neighboring Rights;Infringing Copies of Works and Phonograms 37Remedies in Copyright and Neighboring Rights 38
Chapter VIII: Welfare Law Protecti on of Authors and Holders of
Neighboring RightsGuarantees in Respect of Economic Rights 39
Rights of Independent Creators 40IP/N/1/MDA/C/1
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Chapter I
General Provisions
Legal Basis
Art. 1.  – (1) Copyright and neighboring rights and the protection and sanction of those rights
shall be governed by the Constitution, by this Law and by other texts.
(2) This Law governs the relations that arise from the creation and use of literary,
artistic and scientific works (copyright) a nd from the creation and use of performances,
phonograms and the broadcasts of radio and te levision organizations (neighboring rights).
International Treaties
Art. 2. Where an international treaty to which the Republic of Moldova is party contains rules
different from those specified in this Law, the provisions of the international treaty shallapply.
Basic Concepts
Art. 3. For the purposes of this Law:
- author  means the natural person whose creative effort has led to the creation of a
work;
- database  means a body of data (articles, a ccounts and other documents) assembled or
arranged in a manner enabling them to be retrieved and processed by means of a computer;
- audiovisual work means a work consisting of a series of interconnected images (with
or without sound accompaniment) giving an  impression of movement and which is
perceivable to hearing and to vision;
- collective work means a work created by more than one natural person at the initiative
and under the direction of a natural or lega l person who will publish the work under his own
name;
- derived work means the result of creative intellectual effort based on a preexisting
work (translation, adaptation, stag e adaptation, transformation, etc.);
- computer means an electronic or similar device capable of processing information;
- communication to the public means the transmission over the air , including by
satellite , by cable or by any other means, of images, sounds or images and sounds of works,
performances, phonograms or broadcasts of broa dcasting or cable distribution organizations
where such images or sounds may be perceived by  persons outside the usual family circle and
their close acquaintances in places sufficient ly distant for the images or sounds not to be
perceivable without such transmission;
- public presentation means the showing of an original or a copy of a work, a
performance or a broadcast of a broadcasting or cable distribution organization either directly
or on a screen by means of a film, a slide, an image or any other device or process (except for
transmission over the air or by wire) where th e work, the representation or performance may
be perceived by persons outside the usual fa mily circle and their close acquaintances; theIP/N/1/MDA/C/1
Page 5
public presentation of an audiovisual work cons ists in the showing of individual images of an
audiovisual work irrespective of order;
- broadcast of a broadcasting or cable distribution organization means a broadcast
created by the broadcasting or cable distributi on organization itself or, on its instructions and
with its funds, by another organization;
- phonogram  means any exclusively sound recordi ng of performances or other sounds; a
duplicate of a phonogram on any material medium  whatsoever, made directly or indirectly
from another phonogram and inco rporating all or some of the sounds recorded on such
phonogram, constitutes a copy of a phonogram;
- performer means  an actor, conductor, singer, musici an, dancer or any other person
who performs, sings, narrates or executes in any other way a literary or artistic work or avariety, circus or puppet act, protected or not protected by copyright ;
- public performance means the presentation of works, performances, phonograms or
broadcasts of broadcasting or cable distribution organizations, by reciting, playing, singing orany other means of expression either in a live show or with the aid of a device or process ofany kind (except for transmission over the air or by wire) where the works, performances,phonograms or broadcasts may be perceived by persons outside the usual family circle and
their close acquaintances;
- recording means the fixing, by technical means, of sounds or images or of both in a
material form that permits them to be repeatedly perceived, reproduced or communicated;
- rental means the transfer of ownership of an orig inal or of a copy of a work or of a
phonogram for a fixed period of time for direct or indirect profit;
- producer means the person who organizes, or w ho organizes and finances, the making
of an audiovisual work;
- phonogram producer means the natural or legal person at whose initiative and under
whose responsibility the first fixation on a magne tic medium has been made of a performance
or of any other combination of sounds;
- computer program means a set of instructions a nd commands expressed in words,
codes or diagrams presented in machine-read able form and which may operate a computer
with a view to a specific aim or result; this concept covers both the preparatory materialproduced during development of the program and the audiovisual displays generated by the
program;
- publication means the causing to appear or putting into circulation of a work or a
phonogram with the consent of the author or other holder of the copyright or neighboring
rights, in sufficient quantity to satisfy the needs of the public; this concept also covers thelawful making available of a work or  of a phonogram by computerized means;
- reproduction means the making of one or more copies of a work or of a phonogram in
any material form whatsoever, including an audi o or video recording, and the recording of a
work or of a phonogram with a view to tem porary or permanent storage in an electronic
(including digital) or optical form or  in any other machine-readable form;
- reprographic reproduction means the facsimile reproduction of the original of a
written or other graphic work, whether in the same format, enlarged or reduced, by means ofphotocopying or with the aid of other tec hnical means, except those of publishing;
reprographic reproduction does not include recordin g in an electronic (including digital) or
optical form or in any other machine-readable form;
-
 rebroadcasting means the simultaneous broadcasting (or cable transmission) by a
broadcasting or cable distribution organization of  programs of another broadcasting or cable
distribution organization;IP/N/1/MDA/C/1
Page 6
- holder of copyright or neighboring rights means either the author or performer or a
natural person other than the author or perfo rmer or a legal person who enjoys the economic
rights.
Chapter II
Copyright
General Provisions
Art. 4 .-(1) This Law shall protect as copyright works of the mind created in the literary,
artistic and scientif ic fields, expressed in any material  form that permits their reproduction,
whether they have been disclosed or not, and whatever their form, purpose, value or means of
reproduction.
(2) An author shall enjoy exclusive rights in his work by the sole fact of having created
such work. Copyright shall subsist and be asse rtable without requiring registration of the
work or the carrying out of any other action or formality.
(3) Copyright shall comprise prerogatives of an economic nature and prerogatives of a
moral nature.
(4) Copyright shall subsist independently of any right of ownership in the physical object
in which the corresponding work is expressed. Ac quisition of such object shall not afford the
owner of the object any of the rights afforded by this Law to authors.
Scope of Copyright
Art. 5 .-(1) Copyright protection shall extend to
(a) works, irrespective of place of first publi cation, of which the copyright holder is a
natural or legal person of  the Republic of Moldova;
(b) works published for the first time in the Re public of Moldova whatever the nationality
of the holder of copyright in such works;
(c) other works, in accordance with the international treaties to which the Republic of
Moldova is party.
(2) A work shall be deemed published for the first time in the Republic of Moldova
if it has been published in the country within 30 days of the date of  its first publication
abroad.
Works Protected by Copyright
Art. 6.  –(1) Copyright shall extend to literary, artistic and scientific works expressed in the
following forms:
(a) written form (manuscript, typewritten text, musical score, etc.);
(b) oral form (public recitati on, public performance, etc.);
(c) audio or video recording (mechanical,  magnetic, digital, optical, etc.);IP/N/1/MDA/C/1
Page 7
(d) figurative form (drawing, sketch, paintin g, plan, industrial design, still from a
cinematographic film or  television or video film, photograph, etc.);
(e) three-dimensional form (sculpture, model, mock-up, structure, etc.);
(f) any other form, known or as yet unknown.
(2) Copyright protection shall extend to
(a) literary works (books, brochures, artic les, computer programs, etc.);
(b) dramatic or dramatico-musical works, scenarios or storyboards, librettos, film
synopses;
(c) musical works, with or without words;
(d) choreographic works and mimed works;
(e) audiovisual works (cinematographic films, television and video films, static
projections, etc.);
(f) works of painting and sculpture, graphi c works and other works of fine art;
(g) works of architecture, town planning and park and garden design;
(h) works of applied art;
(i) photographic works and works obtained by  processes analogous to photography;
(j) maps, plans, sketches and three-dimensiona l works relating to geography, topography,
architecture and other scientific fields;
(k) derived works and composite works (transla tions, adaptations, arrangements and other
transformations of literary, artistic or scientific works, instrumental adaptations of musicalworks, and encyclopedias, ant hologies, collections, database s, etc.); derived works and
composite works shall be protected by copyright regardless of any protection that may attachto the works from which they are derived or to the works they include;
(l) other works.
(3) The protection of computer programs sha ll extend to all types of programs (including
operating systems) whatever the language and form in which they are expressed, includingsource code and object code.
(4) Copyright shall extend to architectural solutions (works) with respect to both the whole
and to their various elements, in cluding works created on commission.
Works Not Protected by Copyright
Art. 7 .-(1) Copyright shall not extend to
(a) official documents (laws, court decisions, etc.) or to the official translations thereof;
(b) State emblems and official signs (flags, armorial bearings, decorations, monetary
signs, etc.);
(c) works of folklore;
(d) communications concerning events and facts of an informational nature.
(2) Ideas, methods, processes, systems, mean s, concepts, principles and discoveries may
not enjoy copyright protection.IP/N/1/MDA/C/1
Page 8
Acknowledgement of Authorship;
Presumption of Authorship; Registration of Works
Art. 8 .-(1) In the absence of proof to the contrary, the person or persons under whose name
a work has been disclosed shall be deemed to be the authors thereof.
(2) A holder of rights may have his rights acknowledged by means of a copyright notice
which should be placed on each copy of the wo rk and should consist of the following three
elements:
(a) a circled capital letter C: ©;
(b) the name (or designation) of th e holder of the exclusive rights;
(c) the year of first publication of the work.
(3) The holder of exclusive rights in a work, whether disclosed or not, may have his rights
entered in the official registers at any time during the subsistence of copyright.
(4) An official certificate shall be issued to the person who registers a work. Pursuant to
Article 4(2) and paragraph (1) of  this Article, the certificate shall not imply a presumption of
authorship. However, in the event of a dispute, it may constitute a presumption of authorshipfor the court in the absence of proof to the contrary.
(5) Official registration of a literary, artistic or scientific work shall be effected by the
National Copyright Agency.
Moral Rights
Art. 9 .-(1) An author of a work shall enjoy the following moral rights:
(a) the right of authorship – the right to be acknowledged as the author of his work and
the right to require such acknowledgement, incl uding the placing of his name on all copies of
a published work or reference to his name at  each public performance of a work where such
is physically possible;
(b) the right to be named – the right of the author to decide how he is to be designated in
relation to use of his work (by his tr ue name, a pseudonym or anonymously);
(c) the right to respect for the integrity of his work;
(d) the right to respect for his reputation – the right to protection of his work against any
distortion, mutilation or other derogatory act liable to prejudice his honor and dignity as an
author;
(e) the right to disclose his work or to authorize or prohibit disclosure in any form
whatsoever, including the right to rec onsider or the right of withdrawal. Withdrawal of a
work from the trading network consequently to the changing of the author’s principles
shall be permissible provided that the author pays in advance the damages incurred bythe holder of the right to exploit the work.
(2) Moral rights shall be inalienable; if an author transfers his economic rights, he shall
maintain his moral rights.IP/N/1/MDA/C/1
Page 9
Economic Rights
Art. 10 .-(1) An author or other holder of copyright shall enjoy the exclusive right to exploit
his work in any form and by any means.
(2) The exclusive right to exploit a work means the right to perform, authorize or prohibit the
following acts:
(a) reproduction of the work;
(b) distribution of copies of the work by  sale, rental or in any other way;
(c) importing of copies of the work for the pur poses of distribution, including copies made
with the authorization of the author or other holder of copyright;
(d) presentation of the work in public;
(e) public performance of the work;
(f) communication of the work to the public;
(g) translation of the work;
(h) transformation, adaptation, arrangement or  any like modification of the work.
(3) The right to distribute by rental the original  or copies of an audi ovisual work, a computer
program, a database, a work fixed on a phonogram or  a musical work in the form of a score
shall belong to the author or other holder of co pyright independently of the right of ownership
in such copies.
     (4) The exclusive rights of an author in the exploitation of a project for architecture, town planning
or park and garden design shall also extend to the practical implementation of such project.
(5) The amount and manner of payment of remune ration due to the author for each form of
exploitation of his work shall be laid down in the author’s contract or in  the contracts which the
organizations for the collective administrati on of economic rights conclude with users.
Works of Joint Authorship
Art. 11 .-(1) Copyright in a work which is the result of the joint creative effort of two or more
persons shall belong in common to the joint authors, regardless of whether the work constitutesan indivisible whole or is composed of parts.
(2) A part of a work shall be deemed independen t if it may be used separately from the other
parts of the work.
(3) Each of the joint authors shall maintain copyright in the part of the work he has created if
that part is independent, and he may use it as he sees fit.
(4) The relations between the joint authors shoul d be covered by a contract. In the absence of
such contract, copyright in the work shall be exercised jointly by all the joint authors and thecorresponding remuneration shall be divi ded between them in equal shares.IP/N/1/MDA/C/1
Page 10
Copyright in Audiovisual Works
Art. 12 .-(1) The following shall be recognized as authors or joint authors of an audiovisual
work:
(a) the author of the scenario (scriptwriter);
(b) the film director;
(c) the composer of any musical work (with or without words) created specifically for the
audiovisual work;
(d) the cameraman;
(e) the artistic director.
(2) The author of a preexisting work that has been incorporated, after transformation or
unchanged, in an audiovisual work shall also be deemed a joint author of such audiovisual
work.
(3) Unless otherwise laid down by contract, th e conclusion of an author’s contract for
creating an audiovisual work shall imply assignment, in exchange of an equitable
remuneration , by the joint authors to the producer of such work of the following exclusive
rights of exploitation: the rights of reproduc tion, distribution, presentation to the public, public
performance and communication to the public and the rights of subtitling and dubbing.
(4) The producer of an audiovisual work shall be entitled to advertise his name or
designation or to require that it be advertised in respect of any exploitation of the work.
(5) The provisions of paragraph (3) of this Ar ticle shall apply with respect to the other
authors who have made a creative contributi on to the making of the audiovisual work.
(6) Notwithstanding the provisions of  paragraph (3) of this Article, the scriptwriter, the
scene director, the cameraman, the scene painter , the author of a musical work, with or
without words, specifically cr eated for an audiovisual work shall maintain the right to
remuneration for each public performance or each  communication to the public of the work as
also for any rental of copies of the audiovisual  work.
(7) The master copy of a film (negatives, orig inal recording) may not be destroyed without
the consent of the author and the other holders of economic rights in the film.
Copyright in Composite Works
Art. 13 .-(1) The compiler of a collection or any other composite work shall enjoy copyright
in the selection or arrangement he has made of the materials if such selection or arrangementconstitutes the result of a creative effort.
(2) The copyright of the compiler shall not prejudice the rights of the authors of each work
included in the composite work.IP/N/1/MDA/C/1
Page 11
(3) The authors of the works included in a composite work shall have the right to exploit
their works independently of the composite wo rk unless otherwise laid down in the author’s
contract.
(4) Notwithstanding the copyright of the compiler, any other person may make an
independent selection or an i ndependent arrangement of the same materials for the purpose of
creating his own composite work.
     (5) Selections containing various informative materials (articles and information,
allocutions and essays, diagrams and tables, etc.), if such selection or arrangement
constitutes the result of an intellectual acti vity, shall be protected  as such. Protection
shall not extend to numerical data nor to the content of the informative materialsincluded in the selection.
Copyright in Derived Works
Art. 14 .-(1) Translators and other authors of derive d works shall enjoy copyright in the
translations, adaptations, arrangements or  other transformations made by them.
(2) The copyright of a translator or other au thor of a derived work shall not prejudice the
rights of the author of the work that has be en translated, adapted, arranged or otherwise
transformed.
(3) Notwithstanding the copyright of the transl ator or other author of a derived work, any
other person may carry out his own transla tion or transformation of the same work.
Copyright in Collective Works
Art.15 .-(1) Natural or legal persons who publish en cyclopedias, dictionaries, collections of
scientific works - appearing periodically or  regularly - newspapers, reviews and other
periodicals shall enjoy an exclusive right to expl oit such collective works as a complete entity.
Such persons shall have the right to advertise their name or designation or to require that it beadvertised in relation to any expl oitation of such collective works.
(2) Unless otherwise agreed in the author’s contract, the authors of works included in a
collective work shall maintain their exclusive rights in their own works and may exploit themindependently of the collective work as a whole.
Right of Access to Works of Fine Art;
Resale Royalty
Art. 16 .-(1) Reproduction of a work of fine art fo r commercial purposes shall be permitted
under the contract signed with the author.
     (2) The author of a work of fine art shall have the right to require the owner of the work to
allow him the possibility of reproducing his wo rk (right of access). However, the owner of
the work may not be required to deliver the work to the author to that end.IP/N/1/MDA/C/1
Page 12
    (3) Creation and distribution of a work of fine art containing a portrait shall be permitted
with the consent of the represented person or testamentary heirs of the represented person.
(4) The author of a literary work, dramatic, dramatico-musical and/or musical work,
registered as a phonogram or included into an a udiovisual work shall be entitled to a royalty for
each public resale of the copies of this work. The amount of the royalty shall be determined by
agreement between the beneficiary and the author or by license granted by the organization for
the collective administration of economic rights.
     (5) For each public resale of the original of  a work of fine art (sale by auction or at an art
gallery, exhibition, shop, etc.), the vendor shall be  required to pay to the author or his heirs
remuneration representing 5% of the resale price (resale royalty) where such price is at least20 times the minimum wage.
(6) This right shall be inalienable during the lifetime of the author and may be transferred
only to the legal or testamentary heirs of  the author, for the duration of copyright.
Copyright in Photographic Works
Art. 16/1 .–(1) Authors of photographic works sha ll enjoy all moral rights and economic
rights referred to in Articles 9, 10 and 17.
(2) Exploitation in mass-media of th e published photographic work shall  be permissible
without prejudice to the author’s economic rights  but subject to mentioning the name of the
author whose work is used and the source of the borrowing.
Transfer of Copyri ght by Succession;
Term of Copyright
Art. 17 . –(1) Copyright shall be transferred by succession.
1. (2) An author may, in accordance with proce dures identical to those for the appointment
of an executor, specify the person to whom he en trusts the protection of the author’s rights in
his works after his death. That person sh all fulfill his mandate  throughout his life.
(3) Copyright shall have effect throughout the lifetime of the author and for 50 years after
his death computed as from January 1 of the ye ar following that of his death, except in the
cases referred to in paragraphs (4), (5) and (7) of this Article.
(4) Copyright in audiovisual works shall be protected for 50 years and copyright in
works of applied art for 25 years computed fr om the day of lawful publication of such
works or from the day of their creation if they have not been published, or computed asfrom January 1 of the year following that of publication or of creation of the work.IP/N/1/MDA/C/1
Page 13
(5) Copyright in an anonymous or pseudonymous  work shall have effect for 50 years after
publication of the work computed as from January  1 of the year following that of publication
of the work, except with regard to the works referred to in paragraph (4) of this Article. If theauthor of an anonymous or pseudonymous work reveals his identity or if his identity becomes
obvious during that period of time, the provisions of paragraphs (3) and (4) of this Article
shall apply.
(6) A publisher who has lawfully published an  anonymous or pseudonymous work shall be
deemed under this Law to represent the author a nd to be empowered, to that end, to assert the
rights and legitimate interests of the author.
(7) Copyright in a posthumous work shall be pr otected for 50 years as from the day of first
publication of the work, with the proviso that  publication shall have taken place within 30
years following the death of the author; this provision shall not apply to the works referred toin paragraph (4) of this Article.
(8) Copyright in a work of joint authorship shall be protected until the death of the last
surviving joint author and, after his death, for 50 years computed from January 1 of the yearfollowing that of his death.
(9) The moral rights of authors shall be protected without limitation in time. After the
death of an author, the protection of his moral ri ghts shall be assumed by  his heirs and by the
organizations duly authorized to assume the de fense of authors’ rights. Such organizations
shall also assume protection of moral rights in the absence of heirs or where the copyright ofthe heirs has terminated.
(10) On expiry of the term of copyright, works shall fall into the public domain.(11) Works in the public domain may be used freely subject to respect for the moral rights
of the author. The Government may determine th e amount of the royalties to be paid into the
cultural funds (literary, musi cal, fine art fund, etc.)  for the use of works of nationals of the
Republic of Moldova that are in the public domain.
(12) If the term of protection for a work by a foreign author that is used in the Republic of
Moldova is greater, under the laws of the country  of the author, than the term set out in this
Article, the term of protection laid down by this Law shall apply; if it is lesser, the term ofprotection laid down by the laws of th e country of the author shall apply.
Copyright in Works Created in the Execution of Duties
Art. 18 .-(1) The moral rights in a work created in the execution of explicit instructions
from an employer or service duties (service creati on) shall belong to the author of such work.
(2) Unless otherwise agreed by contract, the exclusive right to exploit a service creation by
the means appropriate to the purpose of the instructions shall belong for a period of three
years to the employer on behalf of whom the work has been created. On expiry of this
period, the economic rights shall revert to the author.IP/N/1/MDA/C/1
Page 14
(3) The amount of remuneration due to the author  for each type of use of a service creation
shall be laid down by contract be tween the author and the employer.
(4) The name of the author shall be shown each time the service creation is used, where
physically possible. The employer shall also  have the right to require his name (or
designation) to be shown each time the service creation is used.
Use of the Works of Authors by Other Persons
Art. 19. The use by other persons of an author’s  work, unchanged, after transformation or
in translation, shall require a c ontract to be concluded with th e author or his successors in
title, except in the cases referred to in Articles 20 and 23 of this Law. The limitationsprovided for with respect to authors’ rights  shall apply on condition that the use shall not
prejudice normal exploitation of the work nor the rights and legitimate interests of theauthors.
Chapter III
Limitations on Economic Rights
Reproduction of Works for Personal Use
Art. 20 .-(1) The reproduction of a single copy of a lawfully published work shall be
permitted without the consent of the author or other holder of copyright and without payment
of remuneration if made by a natural person for his own exclusive personal use and in
compliance with the conditions set out in paragraph (3) of this Article.
(2) The faculty afforded by paragraph (1) of  this Article shall not  extend to reproduction
(a) of a work of architecture in the form of a building or similar construction;
(b) a database;
(c) a computer program, except in the cases referred to in Article 23;
(d) of a complete book, a musical score or the original of a work of fine art.
(3) The holder of copyright in a work th at has been reproduced in accordance with
paragraph (1) of this Artic le shall be entitled to comp ensatory remuneration. Such
remuneration in the amount of 3% of the retail sale price shall be paid by enterprises
(including manufacturers or importers)  of recording appliances (sound recording
equipment, video recorders, etc.) and medi ums (texts and cassettes for sound or video
recording, optical discs, compact discs, etc.) used for reproduction.
(4) The collection, distribution and payment of the compensatory remuneration shall be
undertaken by the organizations for the collec tive administration of the economic rights of
authors, performers and phonogram producers, in  accordance with an agreement concluded
by such organizations. Unless otherwise stated in such agreement, the remuneration shall be
shared as follows: 40% to authors, 30% to  performers and 30% to phonogram producers.
(5) The amount of the compensatory remune ration and the manner of payment shall be
determined by agreement between the above-mentioned enterprises (including
manufacturers or importers) , on the one hand, and the organizations for the collectiveIP/N/1/MDA/C/1
Page 15
administration of the economic rights of au thors, performers and phonogram producers, on
the other.
(6) The compensatory remuneration shall be shared amongst the authors of the works
referred to in paragraph (3) of this Article, where it may be assumed that their works havebeen subject to reproduction for personal us e, and the other holders of copyright or
neighboring rights in such works.
(7) No compensatory remuneration shall be paid in respect of the equipment and recording
mediums referred to in paragraph (3) of this Article where they are exported, where theyconstitute professional equipment not intended for home recording or where they areimported by a natural person for his own exclusive use.
Reprographic Reproduc tion by Libraries;
Archive Services and Te aching Establishments
Art. 21 .-(1) It shall be permissible without the c onsent of the author or other holder of
copyright and without payment of remuneration, but subject to mention of the name of the
author whose work is used and of the so urce of the borrowing, to make reprographic
reproduction in one copy, without  gainful intent and to the extent justified by the aim
pursued,
(a) of a lawfully published work if the reproduc tion, in one copy, is made by a library or
an archive service and if its purpose is to replac e copies that have been lost, destroyed or have
become unusable or to make a copy available to  other libraries or similar archive services in
order to replace in their own collections works that have been lost, destroyed or have becomeunusable, where it is impossible to obtain copi es of the work through usual channels;
(b)  of isolated articles and other succinct works or of short extracts of written works (save
for computer programs) that have been lawful ly published if such reproduction, in one copy,
is made by a library or archive services to m eet the needs of natural persons who use the copy
so obtained for the purpose of study or re search or for their own personal use;
(c) of isolated articles and other succinct works or of short extracts of written works (save
for computer programs) that have been lawfully  published if such repr oduction is made by a
teaching establishment and the copy so obtained is intended for use in the classroom.
(2) Reprographic reproduction as referred to in paragraph (1)(b) and (c) of this Article
shall be permitted on c ondition that no reprographic reproduction license is offered by an
organization for the collective administration of the economic rights of authors in such amanner that the library, archive service or teach ing establishment is aware or should be aware
thereof.
Free Use of Works
Art. 22 .-(1) The following shall be authorized wit hout the consent of the author or other
holder of copyright and without payment of remuneration, but subject to mentioning the
name of the author whose work is used and the source of the borrowing:
(a) quotation in the original language or in tran slation, in articles or studies, press reviews
or radio and television programs of a critical, polemic, teaching, scientific or informationalIP/N/1/MDA/C/1
Page 16
nature, of extracts from lawfully published works;  in order to be authorized without payment
of remuneration, the length of quotations may not exceed,
- for an isolated extr act (prose): 400 words,
- for more than one extract from the same work: in the case of prose, 300 words for each
extract, but not more than one author’s sheet in all; in the case of poetry, 40 lines,subject to the extract not constituting more than one quarter of the work of poetryconcerned;
(b) reproduction for informational purposes in th e press, on radio or television, in the
original language or in translation, of ex tracts of published works (on condition that they
form part of a report), of addresses given in public, of reports, a nd of published articles
concerning matters of economic, political, social or religious current affairs; broadcasting andcable distribution organizations may only make ephemeral recordings of such works (for a
period of time not exceeding six months);
(c) reproduction in braille for the use of the blind of published works, except for works
especially created for such means of reproduction;
(d) public performance, during official or reli gious ceremonies or during funeral services
of lawfully published works of music;
(e) reproduction of works for the purposes of lega l or administrative proceedings, to the
extent justified by such purposes;
(f) reproduction or communication to the public of works of architecture, photographic
works and works of fine art permanently locat ed in a public place, except where presentation
of the work constitutes the main purpose of th e reproduction or if it is used for commercial
purposes.
(2) The exporting of a copy of a work by a natural person for his own exclusive use shall
be permitted without the consent of the aut hor or other holder of copyright and without
payment of remuneration.
Reproduction of Computer Programs and Databases;
Decompilation of Computer Programs
Art. 23 .-(1) Any person lawfully in possession of a copy of a computer program or a
database may, without the c onsent of the author and without payment of remuneration,
(a) make alterations to the computer program or  the database where they are necessary for
use on the equipment of the user, record them  and store them in a computer memory or
correct any obvious errors, except as  otherwise provided by contract;
(b) make a backup copy of the computer progra m or database provided that the copy is
intended either for archiving or to replace a lawfully held copy if such copy has been lost,destroyed or rendered unusable.
(2) A backup copy of a computer program or a database may not be used for any purposes
other than those referred to in paragraph (1) of this Article and shall be destroyed in the event
of possession of the copy of the computer progra m or of the database ceasing to be lawful.IP/N/1/MDA/C/1
Page 17
(3) Any person who lawfully holds a copy of a computer program may, without the
consent of the author or other holder of copyright, decompile the computer program
(reproduce and translate the object code to source code) in order to achieve interoperability ofthe program with other computer programs, on condition
(a) that the information needed for interoperability is not already available to the person
concerned from other sources;
(b) that the acts concerned are limited to those elements of the original program whose
decompilation is essential to ensure interoperability;
(c) that the information obtained by means of decompilation is used solely for the above-
mentioned purposes and that it is  neither communicated to other persons nor used to produce
a computer program similar to the original program or to perform any other act that infringescopyright.
(4) Computer programs shall be protected as literary works, regardless of their form
and manner of expression. Th e author of a computer program shall enjoy all moral
rights and economic rights referred to in Articles 9, 10 and 17.
Chapter IV
Authors’ Contracts
Transfer of Economic Rights by Author’s Contract
Art. 24 .-(1) The economic rights referred to in Article 10 may be transferred by the author
or other holder of copyright by means of an author’s contract.
(2) Economic rights may be the subject of an au thor’s contract for the transfer of exclusive
rights (exclusive license) or an  author’s contract for the tran sfer of non-exclusive rights (non-
exclusive license):
(a) under an exclusive license, the sole license e may use the work by specified means
and within the limits laid down by the contract and has the right to authorize or prohibitsimilar use of the work by other parties;
(b) under a non-exclusive license, the licensee may use the work in the same way as other
persons who have obtained authoriza tion to use it by the same means.
(3) Unless otherwise agreed by contract, the rights under an author’s contract shall be
deemed non-exclusive.
Conditions and Form of Authors’ Contracts
Art. 25 .-(1) An author’s contract shall set out the types of use of the work (the rights
transferred by the contract), the term of the contract and the territory for which rights aretransferred, the amount of remuneration or th e conditions for determining such amount for
each of the types of use of the work, the conditions and time limits for payment of theremuneration and any other conditions c onsidered essential by the parties.IP/N/1/MDA/C/1
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(2) If an author’s contract does not stipulate the territory for which a right is transferred,
such transfer shall have effect on the territory of the Republic of Moldova only.
(3) If an author’s contract doe s not stipulate its term of validity, it shall be deemed to have
been concluded for three years as from the date of conclusion if it concerns use of a work inits original form or for five years if it concerns use of a work in a modified form or intranslation.
(4) The National Copyright Agency shall draw up model authors’ contracts in
collaboration with the or ganizations concerned.
(5) Any clauses in an author’s contract that are contrary to the provisions of this Law shall
be deemed null and void; the conditions set out in this Law shall apply in place thereof.
(6) Any clause in an author’s contract that restricts the author’s future faculty to create
works on a given subject or in a given field shall be null and void.
(7) An author’s contract shall define the rem uneration in the form of a percentage of the
revenue obtained from the use of the work by the envisaged means, in the form of a lump
sum, in accordance with a scale or in any other way. The Government may set minimum ratesfor the scale of author’s remuneration. Where su ch rates have been fixed, no author’s contract
may foresee payment of lower remuneration.
Chapter V
Neighboring Rights
Holders of Neighboring Rights;
Scope of Neighboring Rights
Art. 26 .-(1) Performers, phonogram producers a nd broadcasting and cable distribution
organizations shall be the holders  of neighboring rights. Neighbori ng rights shall be exercised
without prejudice to author’s rights.
(2) Phonogram producers and broadcasting and cable distribution organizations shall
exercise their rights under this Law on the basis of a contract concluded with the authors and
performers (or group of performers) who perform  the work that is recorded on a phonogram
or is broadcast over the air or by cable.
(3) The generation and exercise of neighboring rights shall not be subject to compliance
with any formality. In order to advertise their rights, phonogram producers and performers
may place a reservation on each copy of a phonogram or on each phonogram sleeve, to becomprised of the following three elements:
(a) a circled capital letter P:      P(b) the name (designation) of the holde r of the exclusive neighboring rights;
(c) the year of first publication of the phonogram.IP/N/1/MDA/C/1
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(4) The rights of performers shall be protected in accordance with this Law if
(a) the performer is a national of the Republic of Moldova;
(b) the first performance took place on the te rritory of the Republic of Moldova;
(c) the performance was fixed on a phonogram  meeting the conditions set out in
paragraph (5) of this Article;
(d) the performance has not been fixed on a phonogram, but is included in a program
broadcast by a broadcasting or cable dist ribution organization meeting the conditions
set out in paragraph (6) of this Article.
(5) The rights of phonogram producers shall be protected in accordance with this Law if
(a) the phonogram producer is a national of the Republic of Moldova or a legal person
with headquarters in th e Republic of Moldova;
(b) the phonogram was published for the first time  in the Republic of Moldova or was
published here within 30 days of the date of its first publication in another State.
    (6) The rights of broadcasting and cable distribution organizations  shall be protected in
accordance with this Law if the organization has its headquarters in the Republic of Moldova
and broadcasts from transmitters located on the territory of the Republic of Moldova.
(7) The neighboring rights of foreign natu ral and legal persons shall be protected in
accordance with the international agreements to which the Republic of Moldova is party.
Rights of Performers
Art. 27 .-(1) A performer shall enjoy the following moral rights and economic rights with
respect to his performance:
(a) the right to be named;
(b) the right to respect for his reputation – the right to protection of his performance
against any mutilation or distortion or other derogatory act liable to prejudice his honor or
dignity;
(c) the right to exploit his performance in any form, including the right to remuneration
for each form of use.
(2) A performer shall enjoy the exclusive right to authorize or to prohibit the following
acts:
(a) recording of a performance not previously recorded;
(b) reproduction of the recording of a performan ce, except where reproduction is made for
the same purposes for which he had given hi s consent when authorizing the recording;
(c) broadcasting of the performance over the air or by cable or making any other
communication of it to the public, except where a recording of the performance for which hehas given his consent or a performance that ha s been broadcast over the air or by cable is
used for that purpose;
(d) renting of a published phonogram that inco rporates a performance in which he has
participated;IP/N/1/MDA/C/1
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(e) distribution, including resale of the or iginals and copies of the phonograms for
commercial purposes.
    (3) The authorizations referred to in paragraph (2) of this Article shall be given by the
performer or, in the case of a collective perf ormance, by the leader of the group or other
person appointed by the group, by means of a written contract concluded with the user.
    (4) The authorizations referred to in paragraph (2)(a) to (c) of this Article shall not be
required for the rebroadcasting of a performance , recording for the purposes of broadcasting
and reproduction of such recording by a broa dcasting or cable distribution organization if
such authorizations are explicitly contained in  the contract concluded by the performer with
such organization. The amount of the remuneration to be paid to the performer for such use
shall also be stipulated in the contract.
    (5) Conclusion of a contr act to create an audiovisual work by a performer and the director
shall imply transfer by the performer of the rights referred to in paragraph (2) of this Article.
    (6) The director of an audiovisual work shall not be entitled to use the sound or the images
fixed in such work separately unless such is foreseen in the contract.
    (7) The exclusive right to exploit a perform ance created pursuant to explicit instructions by
the employer or to service duties shall belong  to the person to whom the interpreter is bound
by employment contract for a period of three years , unless otherwise provided in such
contract.
(8) A performer may transfer the exclusive rights afforded by paragraph (2) of this Article to other
persons by contract.
Rights of Phonogram Producers
Art. 28 -(1) A phonogram producer shall enjoy the exclusive right to exploit his
phonogram in any form, including the right to remuneration for each type of use of thephonogram.
(2) The exclusive right to exploit a phonogram sh all mean the right to authorize or prohibit
(a) reproduction of the phonogram;
(b) distribution of copies of the phonogram (by sale, rental, etc.);
(c) adaptation or any other transformation of the phonogram;
(d) importation for the purposes of distributi on of copies of the phonogram, including
copies made with the author ization of the phonogram producer.
     (3) Import and/or distribution by a natura l person of a copy of a phonogram communicated to the
public shall be permitted without the consent of the phonogram producer and without payment of
remuneration.
(4) The right to distribute copies of a phonogr am by rental shall belong to the phonogram
producer irrespective of any right of ownership in the copies.IP/N/1/MDA/C/1
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(5) A phonogram producer may transfer the excl usive rights afforded by paragraph (2) of
this Article to other persons by contract.
Rights of Broadcasting and cable Distribution Organizations
Art. 29 .-(1) A broadcasting or cable distri bution organization shall enjoy the
2. exclusive right to exploit its broadcast in an y form, including the right to remuneration for
each type of use of the broadcast.
(2) The exclusive right to exploit a broadcast shall mean the right to authorize or to
prohibit
(a) recording of the broadcast;
(b) reproduction of a recording of the broadcast;
(c) simultaneous broadcasting of the broadc ast by another broadcasting or cable
distribution organization;
(d) communication of the broadcast to th e public over the air or by cable;
(e) communication of the broadcast to the public in places to which a charge is made for
admission.
Limitation of the Rights of Performers, Phonogram Producers and
Broadcasting and Cable Distribution Organizations
Art. 30 .-(1) Notwithstanding the provisions of Articles 27 to 29 of this Law, it shall be
permissible to use a performance, a phonogram  or a program broadcast or transmitted by
cable, or recordings thereof, without the c onsent of the performer, the phonogram producer or
the broadcasting or cable distribution organi zation and without payment of remuneration.
(a) in order to quote short extracts of the performance, the phonogram or the program
broadcast or transmitted by cable, on condition th at the quotation is made for the purposes of
science, research, polemics, criticism or information and that it remains commensurate withsuch aims;
(b) in teaching or scientific research as an illustration in the form of short extracts;
(c) for inclusion in the reporting of current events of short extracts from the performance,
the phonogram or the program broadcast or transmitted by cable;
(d) in the cases referred to in Article 22.
     (2) It shall be permissible, without the consent of the performer, the phonogram producer
or the broadcasting or cable distribution organization, for natural persons to use
performances, broadcasts or recordings th ereof or to reproduce phonograms for personal
purposes. Such acts shall be subject to paymen t of remuneration as set out in Article 20.
     (3) Application of the limitations on neighboring rights shall in no way prejudice either
the normal exploitation of the subject matter of  neighboring rights or normal exploitation of
the works incorporated therein and shall not prejudice either the legitimate interests of theIP/N/1/MDA/C/1
Page 22
performer, the phonogram producer or the broadc asting or cable distribution organization or
those of the authors of the works involved.
Use of Phonograms Publishe d for Commercial Purposes
Art. 31 .-(1) The following acts shall be permitted w ithout the consent of the producer of a
phonogram published for commercial purposes and of the performer whose performance is
recorded on such phonogram, subject to payment of remuneration:
(a) public performance of the phonogram;
(b) communication of the phonogram over the air;
(c) communication of the phonogram by cable.
(2) The collection, distribution and payment of  the remuneration referred to in paragraph
(1) of this Article shall be carried out by one of the organizations for the collectiveadministration of the rights of phonogram produ cers and performers, in accordance with an
agreement concluded by those organizations. Un less otherwise stipulated in the agreement,
the remuneration thus collected shall be distributed as follows: 40% to the authors, 30% to
the performers and 30% to the phonogram producers.
(3) The amount of the remuneration applicable to each type of use of a phonogram and the
manner of its payment shall be  determined by agreement between the user of the phonogram
or the unions (associations) of users, on the on e hand, and the organizations for the collective
administration of the rights of phonogram produ cers and performers, on the other, or, if the
parties do not reach an agreement, by a body specially empowered to that effect.
Ephemeral Recording of a Performance or  of a Program Broadcast by a Broadcasting
or Cable Distribution Organization
Art. 32.  A broadcasting or cable distribution organi zation may, without the consent of the
performer, the phonogram producer or the broa dcasting or cable distribution organization
concerned, make an ephemeral recording of a performance or a broadcast and reproduce suchrecording
(a) if it has obtained prior aut horization to broadcast th e performance or program
concerned by the ephemeral recording it wishes to make or to reproduce;
(b) if it makes such ephemeral recording and reproduces it using its own facilities and for
its own broadcasts;
(c) on condition that it destroys such recording at the latest on expiry of the period of
time referred to in Article 22(1)(b) with respect to ephemeral recordings of literary, artistic orscientific works.
Term of Neighboring Rights
Art. 33 .-(1) The rights of performers referred to in Article 27 shall have effect for 50 years
as from the first performance. The performer’s right to be named and his right for respect forhis reputation shall be protect ed without limitation in time.IP/N/1/MDA/C/1
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(2) The rights of phonogram producers referred to in Article 28 shall have effect for 50
years as from first publication of the phonogram or  for 50 years as from its first recording if
the phonogram is not published during that period.
(3) The rights of broadcasting or cable distri bution organizations referred to in Article 29
shall have effect for 50 years as from the br oadcasting or cable transmission of the program
by such organization.
(4) The periods of time referred to in paragraphs (1), (2) and (3) of this Article shall be
computed as from January 1 of the year following that in which the legal event that initiatesthe period has occurred.
(5) The rights afforded by this Chapter shall pass to the heirs (in the case of a legal person,
to his successors in title) of the performer,  the phonogram producer or the broadcasting or
cable distribution organization, for the remai nder of the periods of time referred to in
paragraphs (1), (2) and (3) of this Article.
(6) After the death of a performer, the protec tion of his moral rights shall be assumed in
accordance with Article 17(9).
Chapter VI
Collective Administration  of Economic Rights
Functions of State Agencies
in the Protection of Copyri ght and Neighboring Rights
Art. 34 .-(1) The National Copyright Agency shall be responsible for protecting the rights of
authors and holders of neighboring rights.
(2) The National Copyright Agency shall have the following main functions:
(a) draw up national policies in the field of co pyright and neighboring rights legislation
and submit proposals to improve such legislation;
(b) ensure compliance with the legislation applicable in that field;
draw up, where necessary, official reports on infringement of copyright and/or
neighboring rights in accordance with the Minor Offences Code ;
(c) provide legal assistance to the holders  of copyright and neighboring rights;
(d) represent the Republic of Moldova in th e international organizations that are
concerned with the protection of copyright and neighboring rights;
(e) effect the registration of works in accordance with Article 8(3) to (5);
(f) supervise the operation of the organizations for the collective administration of
economic rights;
(g) carry out any other task assigned to it by the Government.IP/N/1/MDA/C/1
Page 24
The National Copyright Agency
Art. 34/1 – (1) The National Copyright Agency has the stat us of a legal person and is
answerable to the Government.
     (2) The National Copy right Agency is managed by the Director General, appointed
and dismissed by the Government.
     (3) The Regulation of the National Copyright Agency shall be elaborated in accordance with the
present Law and shall be approved by the Government.
Establishment of Organizations for the
Collective Administration of Economic Rights
Art. 35 .-(1) Where the individual exercise of copyri ght and neighboring rights encounters
difficulties, there shall be established organizations for the collective administration ofeconomic rights. Such organizations shall operate in accordance with this Law, on the basisof statutes and within the limits of the powers they receive from the holders of copyright and
neighboring rights (authors of literary, artistic  or scientific works, performers, phonogram
producers, etc.).
(2) The operation of the organizations for the collective administration of economic rights
shall be self-financed.
(3) There may be established either organizations administering a specific type of right on
behalf of various categories of holder or orga nizations administering various rights on behalf
of a single category of copyright holder or or ganizations administering various rights for
various categories of holder.
(4) Organizations for the collective administration of economic rights shall be established
directly and freely by the holders of copyrigh t or neighboring rights who shall either become
members of the organization or shall empower it by written contract.
(5) Organizations for the collective administration of economic rights shall not be
authorized to carry on a commercial activity nor to exploit the works and subject matter ofneighboring rights for which they have re ceived powers of collective administration.
(6) An organization that has granted a license shall be required to settle any dispute arising
from an economic claim asserted by the holder of copyright or neighboring rights with regardto the users concerning exploitation of a work  or of the subject matter of neighboring rights
under license.
Functions and Obligations
of Organizations for the Collective Administration of Economic Rights
Art. 36 .-(1) Organizations for the collective administration of economic rights shall assume,
on behalf of the holders of copyright and neig hboring rights they represent and on the basis of
the powers given to them, the following functions:IP/N/1/MDA/C/1
Page 25
(a) negotiate with users the amount of rem uneration and other conditions under which
licenses shall be granted;
(b) grant licenses to users for the exploitation of the works for whose administration they
are responsible.  These licenses shall allow the exploitation, in the manner indicated in
them, of all works and subject matter of neighboring rights and shall be granted in the
name of all holders of copyright or neighbo ring rights, includin g those who have not
transferred their economic rights to such an organization, taking into account the rightsreferred to in paragraph (5) of this Article;
(c) negotiate with users the amount of remune ration in those cases where they are only
responsible for collecting such remuneration, without being empowered to grant licenses;
(d) collect the remuneration stipulated by the licenses they grant and the remuneration
referred to in paragraph (1)(c) of this Article;
(e) distribute and pay the remuneration obtai ned to the holders of copyright and
neighboring rights they represent;
(f) perform any legal act essential for the defense of the rights for whose administration
they are responsible;
(g) perform any other activity pursuant to the powers received from the holders of
copyright and neighboring rights.
(2) The organizations for the collective administration of economic rights shall be entitled
to require users of works or of subject matter of neighboring rights to provide them with the
programs and other duly certified documents specifying the works used and the revenue
obtained; they may also require payment of remuneration within given time limits.
(3) An organization for the collective administration of economic rights shall be obliged in
the interests of the holders of copyright and neighboring rights:
(a) to use the remuneration obtained exclusiv ely for distribution and payment to the
holders of copyright and neighboring rights; however, an organization shall be entitled to
deduct from the amount of the remuneration obtained an amount intended to cover the
actual expenditure incurred for the collection, distribution and payment of remuneration and
an amount intended for a special fund set up by the organization on a decision by its
members;
(b) to distribute, after deduction of the amounts referred to in paragraph (3)(a) of this
Article, the remuneration obtained and effect its regular payment, in proportion to the actual
use of works and subject matter of neighboring rights;
(c) simultaneously with the payment of the remuneration, to render accounts to the
holders of copyright and neighboring rights of the use of their rights.
     (4) An organization for the collective administration of economic rights shall be entitled to
dispose of the amounts of remuneration obtaine d from users that have not been claimed
within three years of the day on which they have  been paid into its account, either by adding
them to the amounts to be distributed or by a llocating them to other purposes for the benefit
of the holders of copyright and neighboring rights that it represents.
     (5) The holders of copyright and neighboring rights who have not given powers to an
organization for the collective administration of economic rights for the collection ofremuneration in accordance with paragraph (1)(d ) of this Article sha ll be entitled to requireIP/N/1/MDA/C/1
Page 26
such organization to pay to them the remuneration due to them or to require it to exclude their
works and subject matters of neighboring righ ts from the licenses it grants to users.
     (6) Each organization for the collective administration of economic rights shall provide
the National Copyright Agency with the following information on its activities:
(a) bilateral and multilateral agreements concluded with foreign organizations that
administer similar rights;
(b) decisions of the general meetings concerni ng the amount of fees and of deductions;
(c) annual accounts, annual repor ts and auditors’ reports;
(d) persons authorized to represent it;
(e) any other information required by the Agen cy to check that the operation of the
organization complies with the provisions of this Law.
Chapter VII
Infringement of Copyright and Neighboring Rights
Infringement of Copyrigh t and Neighboring Rights;
Infringing Copies of Works and Phonograms
Art. 37 .-(1) Any use of a literary, artistic or scientific work that infringes the copyright or
neighboring rights afforded by this Law shall be unlawful.
(2) Copies of a work or a phonogram the ma nufacture or distribution of which infringes
copyright or neighboring rights sh all constitute infringing copies.
(3) Copies of works or phonograms protecte d under this Law in the Republic of Moldova
which are imported without the consent of the holder of copyright or neighboring rights from
States in which the works or phonograms have never been protected or have ceased to be
protected shall also constitute infringing copies.
(4) Infringing copies of a work or phonogram  may be confiscated by court decision or by
an arbitration award. Destruction of the mate rials and equipment used in their manufacture
may also be ordered, depending on the nature  of the infringement of copyright and
neighboring rights.
(5) Infringing copies of a work or phonogram  that have been confiscated may be handed
on request to the holder of copyright or neighboring rights. Where the holder of copyright orneighboring rights has not requested that the infringing copies of a work or phonogram be
handed to him, they shall be sold or destroyed by court decision or arbitration award.
Confiscated materials and equipment used in the manufacture of infringing copies shallbecome the property of the State by  court decision or arbitration award.IP/N/1/MDA/C/1
Page 27
(6) Infringing copies of a work or phonogram that have been lawfully acquired by other
persons shall not be subject to confiscation.
Remedies in Copyright and Neighboring Rights
Art. 38 .-(1) A holder of exclusive rights, whether copyright or neighboring rights, may
require a person infringing his right
(a) to acknowledge those rights;
(b) to restore the situation that existed prior to infringement of his rights and to cease
committing the acts that infringe or are liable to infringe his rights;
(c) to pay damages, including damages for loss of earnings;
(d) to surrender, in place of payment of damages, the revenue obtained through the
infringement;
(e) to pay an indemnity, in place of damages or surrender of revenue, of between 10 and
20,000 times the minimum wage.
(2) The holder of copyright or neighboring rights may choose freely between the measures
set out in paragraph (1)(c)  to (e) of this Article.
(3) Any person who infringes copyright or neighboring rights shall be liable to the
civil, administrative and criminal sanctions provided by law.
(4) An author or a holder of neighboring righ ts whose moral rights have been infringed
may take legal action against the infringer for
(a) the necessary corrections to the work and publication in the press, or notification by
any other means, of the reinstatement of  the author or holder in his rights;
(b) prohibition to publish the work or injunction to cease distribution of the work and
confiscation of published copies;
(c) material damages for the moral prejudice suffered, in accordance with the law.
(5) Any person who knowingly or by negligence dest roys the original of a work of fine art, a
manuscript or a master copy of an audiovisual work (negative, original record ing) shall, if the author
or holder of neighboring rights so requires, make good the material and moral prejudice suffered, in
accordance with the provisions of paragraphs (1), (3) and (4) of this Article.
(6) Before examining the case on its merits, the court may issue an order enjoining the
defendant, or the person that it has good r eason to believe is infringing copyright or
neighboring rights, from performing certain act s: manufacture, reprodu ction, sale, rental,
importation, etc.
(7) If a legal person commits an isolated or a systematic serious infringement of copyright
or neighboring rights, the court may order a suspension of activities of up to 30 days and, in
accordance with administrative law, sentence the responsible director to a fine of between 30
and 100 times the minimum wage.IP/N/1/MDA/C/1
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(8) The court shall be required to order the descriptive or actual seizure of all allegedly
infringing copies of works or phonograms together  with the materials and equipment used for
their manufacture and reproduction.
(9) Where sufficient evidence of an infringem ent of copyright or neighboring rights has
been gathered, the body responsible for the inquiry or examination of the case shall be
required to take the necessary measures to locate and effect descriptive seizure
(a) of the allegedly infringing copies of works or phonograms;
(b) of the materials and equipment used in their manufacture and reproduction;
(c) of the accounts and other documents that ma y provide evidence of the acts performed
contrary to this Law.
(10) The customs authorities sh all be entitled to seize copies  of works or phonograms that
have been the subject of atte mpted unauthorized importation or exportation. If such copies of
works or phonograms prove to be infringing, the court may order any one of the measuresreferred to in paragraph (1)(c) to (e) of this Article against the infringer.
(11) Natural persons holding copyright or exclusive neighboring rights who themselves
institute legal proceedings or who empower the National Copyright Agency or anorganization for the collective administration of economic rights to do so on their behalf shallbe exempted from court costs. The court may decide in such case to sentence the personfound guilty of infringement of copyright or neighboring rights to pay the court costs inaccordance with the conditions and in the amount laid down by law.
(12) Independently of the civil and administr ative sanctions provided for by this Article,
the person committing an intentional infringement of copyright or neighboring rights for gain
and having caused considerable prejudice to the holder of the rights shall be liable to a term
of imprisonment of between one and three ye ars or to a fine of between 100 and 1,000 times
the minimum wage or to both. Where such act is committed by a legal person, the directorresponsible shall be liable to penal sanctions if he knew or could be expected to know that
such act infringed copyright or neighboring rights.
Chapter VIII
Welfare Law Protection of
Authors and Holders of  Neighboring Rights
Guarantees in Respect  of Economic Rights
Art. 39 .-(1) This Law aims to strengthen the legal, economic and welfare guarantees
afforded to authors and holders of neighboring rights in the exercise and protection of their
potential for intellectual creativeness and for the defense of their moral rights and theireconomic rights.
(2) The economic rights of authors and holders  of neighboring rights shall be protected in
accordance with the laws on remuneration for work. The remuneration of authors shall not besubject to value-added tax.IP/N/1/MDA/C/1
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(3) In order to protect the economic rights of authors and holders of neighboring rights
from the effects of inflation, the minimum ra tes for authors laid down for the creation,
publication and first public performance of a work  shall be indexed to the development of the
minimum wage.
(4) The protection afforded by this Law shall extend to works by authors who have not
reached the age of majority. Authors aged between 15 and 18 years shall exercise their rightsindependently, they shall sign their contracts, make modifications to their works or authorize
modifications to be made and receive themselves the author’s remuneration.
(5) The organizations for the collective administration of economic rights may establish
welfare funds and other funds of which the assets shall not be subject to taxation.
Rights of Independent Creators
Art. 40 .-(1) The protection afforded by this Law shall extend to the copyright of independent
creators.
(2) Independent creator (composer, writer, pa inter, director, cameraman) means a person
who, having training and professional experience  in the field of creation concerned, exercises
an intellectual activity in an independent manner and does not maintain standing employmentrelationships with any legal person.
(3) The profession of independent creator pr esumes maximum freedom in the choice of
working and resting arrangements and in the field of application of the potential forintellectual creativeness.
(4) In the event of inability to work, an independent creator shall be entitled to the
indemnities paid to him by the authors’ society of which he is a member.
(5) The State shall pay to independent creator s a retirement pension, an invalidity pension,
for the loss of family support and in the other cases provided for by law.
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