1 
 Republic of Moldova  
PARLIAMENT  
Law No. LP230/2022  
of 28.07.2022  
on Copyright and Related Rights  
Published: 09.09.2022 in the Official Gazette No. 278 -282 Art. 578 Date of entry into force  
   
The Parliament adopt s this organic law.  
 
This Law transposes : 
 
-  Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules 
concerning copyright and rights related to copyright applicable to satellite broadcasting and cable 
retransmission , published in the Official Journal of the European Communities L 248 of 6 October 
1993 , as last amended by Directive (EU) 2019/789 of the European Parliament and of the Council of 
17 April 2019 ; 
  
- Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal 
prote ction of databases , published in the Official Journal of the European Communities L 77 of 2 3 
March 1996;  
 
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the 
harmoni zation of certain aspects of copyright and related rights in the information society , published 
in the Official Journal of the European Communities L 167 of 22 June 2001 , as last amended by 
Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019;  
 
- Directive 2001/84/EC of th e European Parliament and of the Council of 27 September 2001 on the 
resale right for the benefit of the author of an original work of art , published in the Official Journal 
of the European Communities L 272 of 13 October 2001;  
 
- Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the 
enforcement of intellectual property rights, published in the Official Journal of the European 
Communities L 157 of 30 April 2004;  Directive 2006/115/EC of the Euro pean Parliament and of 
the Council of 12  December  2006 on rental right and lending right and on certain rights related 
to copyright in the field of intellectual property (codified version) , published in the Official Journal 
of the European Union L 376 of 2 7 December 2006; Directive 2006/116/EC of the European 
Parliament and of the Council of 12  December 2006 on the term of protection of copyright and 
certain related rights (codified version) , published in the Official Journal of the European Union L 
372 of 27 December 2006 , as last amended by Directive 2011/77/EU of the European Parliament 
and of the Council of 27 September 2011;  
  
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 - Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal 
protection of computer program s (codified version)  (text with EEA relevance) , published in  the 
Official Journal of the European Union L 111 of 5 May 2009;  
 
- Directive (EU) 2017/1564 of the European Parliament and of the Council of 13 September 2017 on 
certain permitted uses of certai n works and other subject matter protected by copyright and related 
rights for the benefit of persons who are blind, visually impaired or otherwise print -disabled and 
amending Directive 2001/29/EC on the harmoni zation of certain aspects of copyright and related 
rights in the information society , published in the Official Journal of the European Union L 242 of 
20 September 2017;  
 
as well as partly  transposes : 
 
- Directive (EU) 2019/789 of the European Parliament and of the Council of 17 Apri l 2019 laying 
down rules on the exercise of copyright and related rights applicable to certain online transmissions 
of broadcasting organi zations and retransmissions of television and radio programmes and amending 
Council Directive 93/83/EEC (text with EEA  relevance), published in the Official Journal of the 
European Union L 130 of 17 May 2019;  
- Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on 
collective management of copyright and related rights and multi -territori al licensing of rights in 
musical works for online use in the internal market (text with EEA relevance), published in the 
Official Journal of the European Union L 84 of 20 March 2014;  
- Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on 
copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 
2001/29/EC , published in  the Official Journal of the European Union L 130 of 17 May 2019.  
 
 
 
  
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 Chapter I  
 
GENERAL PROVISIONS   
 
Article 1. Legal Framework  
 
(1) Copyright and related rights, protection of these rights and liability for their violation  shall 
be governed by the Constitution of the Republic of Moldova , international treaties to which the 
Republic of Moldova is a party, this Law and other normative acts.  
 
(2) This Law regulates copyright and related rights, the management of such rights, the 
organi zation and functioning of collective management organi zations, and the procedures and 
remedies a pplicable to violation  of copyright and related rights.  
 
(3) The provisions of  this Law  relating in particular to computer programs and databases are 
without prejudice to the provisions on patents, trademarks, industrial designs, utility models, 
topography of integrated circuits, protection of national treasures, restrictive practices and unfair 
competition, trade secrets, security, confidentiality, data protection and privacy, access to public 
information, contract law.  
 
Article 2. International Treaties. National Treatment  
 
(1) The protection provided for by this Law shall apply to authors and rightholders  of 
copyright and related rights who have the nationality of the Republic of Moldova or who have their 
domicile, and, in the case of legal pers ons, the  headquarters on the territory of the Republic of 
Moldova.  
 
(2) Foreign natural or legal persons shall enjoy equal treatment with  the treatment of  the 
citizens of the Republic of Moldova,  in regards to copyright and related rights . 
 
(3) If an international treaty to which the Republic of Moldova is party establishes rules other 
than those provided for in this Law, the rules of the international treaty shall be applied.  
 
Article 3. Main Notions  
 
The following terms are used in the present law:  
 
representation agreement  - an agreement  concluded between collective management 
organization s where by one collective management organization  mandates another collective 
management organi zation to manage th e rights it represents;  
 
act carried out on a commercial scale  – an act carried out for direct or indirect economic or 
commercial advantage . The act of the end -consumer who acts in good -faith shall not be deemed as 
act carried out on a commercial scale ; 
 
author  - a natural person or natural persons who has created a work ; 
  
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 author of a database  - the natural person or natural persons who has created the database. 
When  a database i s created jointly by more than one natural person, the exclusive rights shall be 
jointly owned by those persons;  
 
database  - a collection of independent works, data or other materials arranged in a systematic 
or methodical way and individually accessible by electronic or other means ; 
 
management fee  - amount charged, deducted or offset by a collective management 
organi zation from  rights revenue or from any revenue  arising from  the investment of the rights 
revenue in order to cover the costs  of its management of copyright or related rights;  
 
communication to the public  - any communication of a work, made directly or by any 
technica l means, made in a place open to the public or in any place where a number of persons are 
gathered beyond the normal circle of members of a family and of his/her acquaintances , including 
stage representation, recitation or any other public means of direct performance or presentation of 
the work, public display of works of plastic art, applied, photographic and architectural  art, 
projection of cinematographic works and other audiovisual  works  to the public , including works of 
digital art, presentation in a p ublic place by any means, including by means of phonograms or 
videograms, of a broadcast work. The right to authori ze or prohibit the communication to the public 
of works shall not be deemed to have been exhausted by any act of communication to the public;  
 
communication to the public  by satellite  - introduction , under the control and responsibility of 
a broadcasting organization  located on the territory of the Republic of Moldova, of the programme -
carrying signals intended for reception  by the public , into an uninterrupted chain of communication 
leading to the satellite and down towards  to the earth ; 
 
private copy  - reproduction of a work lawfully published on any equipment and tangible 
medium which may be used to make such reproductions, whether the process used is analogue or 
digital, provided that the reproduction is made by a natural person solely for personal use and is not 
intended to obtain any direct or indirect commercia l advantage;  
 
pirated access -control device - any device the making of which has not been authorized  by the 
rightholder  recogni zed by this Law in relation to a particular service of conditionally accessible 
television programmes , designed to facilitate the access to that service;  
 
distribution  - putting into circulation, by sale or by any other means of transmission into the 
ownership, free of charge, of the original or copies of a work or subject -matter s of related rights, and 
the public  offering thereof.  The right of distribution shall be exhausted with the first sale or transfer 
of ownership of the original or copies of a work on the territory of the Republic of Moldova by the 
rightholder or with his /her consent;   
 
right to audiovisual adaptation - the exclusive right of the  author or rightholder in a pre -
existing work to transform or incorporate it into an audiovisual work. By concluding  the contract  for 
adaptation , the author  or holder  of the copyright  in a pre-existing  work  transfer s to the producer  the 
exclusive  right  to transform  and include  that work  in an audiovisual  work.  The authori zation  granted  
by the copyright  holder  in the pre-existing  work  must  expressl y lay down  the conditions  for the 
production,  dissemination  and projection  of the audiovisual  work;  
  
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 broadcast by a radio and TV broadcasting organi zation - broadcast created directly by the 
radio and TV broadcasting organi zation  or, on its command and financial means ;  
 
authorized  entity  – a non -profit organization that is authorized  or recogni zed by the State to 
provide  education, instruction al training,  adaptive reading or information access to beneficiary 
persons. It also includes a public institutio n or non -profit organi zation that provides the same 
services to beneficiary persons as one of its primary activities , institutional obligations or as part of 
its public -interest missions, within the meaning of Article  58 to 59;  
 
accessible format  copy - a copy of a work or other subject -matter of protection which is made 
in an alternative manner or form which gives a  beneficiary person access to the works or other 
subject -matter s of protection,  including to permit the person to have access as feasi bly and 
comfortabl y as those enjoyed by a person without visual impairment  or other print  disability referred 
to in the term ‘beneficiary person’ within the meaning of Article  58 to 59;  
 
expressions of folklore  - any form in which cultural practices and tr aditional knowledge are 
expressed by local communities and passed on from generation to generation as an integral part of 
the traditional identity and heritage of that community. Expressions  of folklore  may under take 
tangible or intangible forms or a combi nation thereof, being dynamic and constantly evolving and 
include, among others, stories, legends, poems, riddles, songs, musical instruments, dances, plays, 
ceremonies, rites and rituals, traditional games and sports, puppet performances, crafts and objec ts 
of folk lore art, architecture, ceremonial masks or clothing, architecture, other tangible spiritual 
forms;  
 
extraction  – permanent or temporary transfer of all or a substantial part, evaluated 
qualitatively or quantitatively, of the contents of a database to another medium by any means or in 
any form ; 
 
fixation  - incorporation of sounds, images or sounds and images, or their digital representation 
on any medium, enabling them to be perceived, re produced or communicated to the public by means 
of a device ; 
 
audiovisual fixation  - incorporation of moving images, whether or not accompanied by sounds 
or representations thereof, which can be perceived, reproduced or communicated by means of a 
device ; 
 
phonogram  - any exclusive ly fixation  of sound s of a performance, work or other sound s, or of 
the representation s thereof, except for fixation  of sound s included in the audiovisual work ; 
 
phonogram published for commercial purposes  - phonogram made available to the public by 
sale or by wire or wireless means in such a way that everyone can access it at the place and at the 
time individually chosen ; 
 
online content -sharing service provider - a provider of an information society servi ce whose 
sole or main purpose is to store and enable its users to upload and share a large amount of protected 
works or other subject -matter with the aim of making a profit, either directly or indirectly, through 
the organi zation and promotion for profit -making purposes  of that content, including its 
classification and the use of targeted promotion, in order to attract the widest possible audience.   
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An online content -sharing service provider shall be deemed to store and provide access to a 
large amount of content protected by copyright and related rights depending on factors such as the 
role in the online content market, competing with other online co ntent services, such as online audio 
and video streaming services, intended for the same audience, the number of files with protected 
content uploaded by users of the service.  
 
Non-profit online encyclopedias , educational or scientific non -profit archives , open -source  
software development  and sharing platforms , providers of electronic communications services , 
online marketplaces and cyberlocker platforms , business cloud services as well as cloud services 
enabling users to upload content for their own use  – are not online content -sharing service providers ; 
 
rights management information - any information provided by the author or rightholder, which 
identifies the work or other subject -matter protected by this Law, the author or rightholder, or the 
information about the terms and conditions of use of the work or other protected subject -matter, as 
well as any numbers and codes that represent such information;  
 
performer  – an actor, singe r, musician, dancer and other person who presents, declaim s, sings, 
plays  in, dances, interprets or otherwise performs literary or artistic works, including expressions of 
folklore;  
 
lending - making available for use, for a limited period of time and with out direct or indirect  
economic or commercial advantage, a work or a subject -matter of related rights, where it is made 
through publicly accessible establishments;  
 
rental - making available for use, for a limited period of time and for direct or indirect 
economic or commercial advantage, a work or a subject -matter of related  rights;  
 
pirated  goods - all copies of whatever medium, including covers, made without the consent of  
the author, rightholder or person duly authorized  by him and which are made , directly or indirectly, 
in whole or in part, from a copyright or related rights -bearing product  or from their packaging or 
covers ; 
 
technical protection measures  - any technology , device or component which, in common 
functioning, is designed to prevent or limit acts not authorized  by authors, holders of copyright or 
related rights or by the holder of the sui generis  right in respect of works or related subject -matter;  
 
managed environment  - an environment in which an operator of a retransmission service 
provides a secure retransmission to authorized  users;  
 
operator of retransmission services  - operator which aggregates broadcasts of television and 
radio programmes into packages and provides them to users simultaneously with the initial 
transmission of those broadcast s, unaltered and unabridged , uses various techniques of 
retransmission, such as cable, satellite, digital terrestrial , and mobile or closed circuit I nternet 
Protocol (IP protocol) -based networks , as well as internet access services;  
 
work or other subject -matter of protection - a work in the form of a book, periodical 
publication, newspaper, magazine or other writing, notations, including sheet music, and related  
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 illustrations, on any medium, including audio, such as audio books, and in digital format, which is 
protected by cop yright or related rights and which is lawfully published or made available to the 
public within the meaning of Article 58 to 59;  
 
audiovisual work  - a work consisting of a sequence of coherent images produced by any 
method and on any medium, whether or not  accompanied by sounds, producing the impression of 
motion, intended for visual and auditory perception (where the images are accompanied by sound) 
by means of a particular device. For the purposes of this Law, cinematographic films, television 
films, anim ated films, music videos, advertising spots and documentaries shall be regarded as 
audiovisual works;  
 
collective work  - a work created by several natural persons - the contribution of which forms 
an indivisible whole, so that it is impossible to identify  their contribution , at the initiative and under 
the direction of a natural or legal person, who is to publish the work under his/her name;  
 
joint work  - a work created by the joint effort of two or more persons (co -authors), irrespective 
of whether it con stitutes a  single  unitary  whole or consists of parts ; 
 
originality  - a necessary criterion for determining the nature of copyright -protected work, 
which takes into account the intrinsic form of the work’s expression, from which the intellectual 
creation ac tivity, spiritual attributes, talent and personality of the author expressed by making free 
and creative choices must be shown;  
 
beneficiary person - within the meaning of Article 58 to 59, a person who:  
 
a) is blind;  
 
b) has a visual impairment which cannot be improved to give visual function substantially 
equivalent  to that of a person who has no such impairment and so is, as a result, unable to  read 
printed works to substantially the same degree  as a person without su ch an impairment;  
 
c) has a perceptual or reading disability and is, as a result, unable to read printed works to 
substantially the same degree as a person without such disability ; 
 
d) is otherwise unable, through  physical disability, to hold or manipulate a book or to focus or 
move the eyes to the extent that would be normally acceptable for reading ; 
 
regardless of any other disabilities ; 
 
database producer  – a natural or legal person who has made a substantial quantitative and 
qualitative investment in order to obtain, verify or present the content s of a database;  
 
producer  of phonograms  - a natural person  or legal entity,  who or which takes the  initiative 
and has the responsibility, including financ ial, is performed the first fix ation of  the sounds of a 
performance , other sounds or the representation of sounds ;  
 
producer of audiovisual works – a natural or legal person on the  initiative and responsibility  of 
which , including financial, an audiovisual work is created ;  
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producer of videograms  – a natural or legal person on the  initiative and responsibility  of 
which , including financial, a videogram  is fixed ; 
 
computer program  - any expression of a program, applicatio n programs and operating 
systems, expressed in any language, whether in source code or object code, preparatory design 
material, and manuals. The ideas, processes, methods of operation, mathematical concepts and 
principles underlying any element in a compu ter program, including those underlying its interfaces, 
algorithms and programming languages, are not protected;  
 
publication - offer ing of copies of a work, performance, phonogram, videogram or broadcast 
to the public, with the consent of the author or holder of copyright or related rights, in a quantity  
sufficient to satisfy the reasonable requirements of the public. : The performance of a d ramatic, 
dramatic o-musical , cinematographic or musical work , the public recitation of a literary work , the 
broadcasting of literary or artistic works; the exhibition of a work of graphic or plastic art  and the  
construction of a work of architectur e shall n ot constitute publication . A work shall be considered as 
having been  published simultaneously in several  countr ies if it has been published in two or more 
countries within thirty days of its first publication;  
 
making available to the public  - offering to the public of a work or subject -matter  of related 
rights through wireless means, including the internet or other computer networks, so that any 
member of the public can access them from a place and at any time individually chosen by them.  
The right to authori ze or prohibit making available to the public shall not be deemed exhausted by 
any act of making available to the public;   
 
broadcasting  - the transmissi on of a work and/or subject -matter of related rights by a radio or 
TV broadcasting organi zation by any means used for the wireless broadcasting of signs, sounds or 
images, or of their representation, including its communication to the public by satellite, for  the 
purpose of reception by the public or transmission of a work or its representation, by wire, cable, 
optical fib er or any other similar process, except open networks, for the purpose of its reception by 
the public;  
 
production of derivative works  – the translation, publication in collections, adaptation and any 
other transformation of a pre -existing work, if it constitutes intellectual creation;  
 
re-issue  – the simultaneous issuance by a radio broadcasting organi zation of a broadcast of 
another  radio  broadcasting organi zation ; 
 
director or, where applicable, director of the audiovisual work - the natural person who, in the 
contract with the producer, assumes the management of the creation and execution of the 
audiovisual work, as the principal a uthor;  
 
reproduction  – production of one or more permanent or temporary copies of a work or 
subject -matter  of related rights by any means or in any form, directly or indirectly, including for the 
purpose of audio or video fixation and/or storage of a work or subject -matter  of related rights on 
tangible or electronic media;  
  
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 reprographic reproduction  - reproduction on paper or any similar medium, made by the use of 
any kind of pho tographic technique or by other process having similar effects, except for partitions, 
provided that the rightholders receive fair compensation ; 
 
repertoire - the totality of works and/or subject matter of related rights transmitted to a 
collective managem ent organi zation for management purposes;  
 
cable retransmission  – the simultaneous, unaltered and unabridged retransmission by cable or 
by an ultra -short wave broadcasting system, for reception by the public of an initial transmission by 
wire or wireless m eans, including by satellite, of radio or television programmes intended for 
reception by the public, irrespective of how the operator of a cable retransmission service obtains 
programme -carrying signals from the  radio  broadcasting organi zation for the pur pose of 
retransmission;  
 
retransmission  - the simultaneous, unaltered and unabridged retransmission, other than 
retransmission by cable, for reception by the public of an initial transmission of television or radio 
programmes intended for reception by the public, where such initial transmission is made by wire or 
wireless means, including by satellite, but not online, provided that the retransmission:  
 
a) is made by a party other than the  radio  broadcasting organi zation which made the initial 
transmission, or under the control and responsibility of which the initial transmission was made, 
irrespective on how the retransmission party obtains programme -carrying signals from the radio 
broadcasting organi zation for the purposes of retransmission; and  
 
b) take s place in a managed environment through an internet access service, i.e. a publicly 
available electronic communications service providing access to the internet and thus connectivity 
between, theoretically, all term inal points connected to the internet, irrespective of the network 
technology and terminal equipment used;  
 
re-utilization  - any form of making available to the public all or a substantial part of the 
contents of a database, evaluated qualitatively or quan titatively, by the distribution of copies, by 
renting or in other forms, including by making the contents of the database available to the public, 
so that everyone can access it at the place and at the time individually chosen. The first sale on the 
intern al market of a copy of a database by the holder of the sui generis  right or with his consent shall 
exhaust the right to control the resale of that copy;  
 
satellite  - any satellite operating in frequency bands which are reserved, under 
telecommunications legislation, for the communication to the public (transmission by ether) of 
signals for the purpose of reception by the public or which are reserved for private communi cation 
from one point to another. At the same time, in the latter case, the circumstances in which the 
reception of signals by members of the public takes place must be comparable to those prevailing in 
the former case;  
 
internet access service  - a public ly available electronic communications service that provides 
access to the internet , and thereby  connectivity to virtually  all end points of the internet, irrespective 
of the network technology and terminal equipment used ; 
  
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 information society service  - any service normally provided for remuneration, at a distance , by 
electronic means and at the individual request of a beneficiary  of service s. 
 
For the purposes of this definition:  
 
a) ‘at a distance ’ means that the service is provided without the parties being simultaneously 
present;  
 
b) ‘by electronic means’  means that the service is sent initially and received at its destination 
by means of electronic equipment for the processing (including digital compression ) and storage of 
data and is entirely transmitted, conveyed and received by wire, by radio, by optical means or by 
other electromagn etic means;  
 
c) ‘at the individual request of a beneficiary  of service s’ means that the service is provided 
through the transmission of data on individual request ; 
 
copyright  holder  - natural or legal persons who have acquired that status by inheritance or  
assignment, under the terms of the law, and publishers of musical works and written works, in 
respect of rights transferred to them under individual agreements and who are entitled to at least a 
share of the rights revenue;  
          
holder of related rights  – any performer, for his own performances, any producer of 
phonogram s and producer of videograms, for his own recordings,  any radio and TV  broadcasting 
organi zation, for its own broadcasts and programme services ; 
 
rightholder  – any person or entity, other than a collective management organization , which is 
the holder of a copyright or related right or which, under  an authori zation for the manage ment of  
rights or by law is entitled to a share of the rights revenue;  
 
user - any natural or legal person who is carrying out actions subject to the authori zation of the 
author or rightholder or of the collective management organi zation, remuneration or payment of 
compensation to them and is not act ing in the capacity of a consum er; 
 
videogram - the result of fixation of an audiovisual work on a tangible medium ; 
 
rights revenue - income collected by a collective management organi zation on behalf of 
rightholders, whether deriving from an exclusive right, a right to remuneration or a right to 
compensation.  
  
  Article 4.  Duties  of the State Agency  on Intellectual Property  in the Field of Copyright and 
Related Rights  
 
(1) State Agency  on Intellectual Property  (hereinafter - AGEPI ) shall :  
 
a) develop and ensure, within the limits of its competence, the promotion of proposals 
regarding the normative framework on the protection, exercise and implementation of copyright, 
related rights and other rights protected by this Law;  
  
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 b) submit proposa ls to the Government, ministries and other central administrative authorities 
when the undertaking of certain measures necessary for the implementation of the policy referred to 
in letter a) does not fall within its competence;  
 
c) conduct training and consultation activities to inform ministries, other central administrative 
authorities, judicial authorities and other institutions, rightholders and users about the importance 
and legal an d practical aspects of the protection, exercise and implementation of copyright, related 
rights and other rights protected by this Law, developing and distributing information materials for 
this purpose, organi zing information campaigns and actively collab orating with the mass media;  
 
d) represent the Republic of Moldova in international and regional organi zations in the field of 
copyright, related rights and other rights protected by this Law;  
 
e) establish and maintain, in accordance with normative acts , mutually beneficial cooperation 
relations with similar offices, research agencies and institutions, with other organi zations from other 
countries active in the field of copyright, related rights and other rights protected by this Law;  
 
f) approve the es tablishment of collective management organi zations and common collection 
structures;  
 
g) withdraw, revoke, annul, or amend decisions approving collective management 
organi zations and common collection structures;  
 
h) issue  an opinion on the proposals for amending the statute of the collective management 
organi zation;  
 
i) issue an opinion on the draft methodologies developed in accordance with this Law; 
 
j) issue decisions on the appointment  of a collector in accordance with Article  103;  
 
k) perform annual and special controls on the activity of collective management organi zations 
and common collection structures;  
 
l) grant  collective management organi zations and common collection structures  a dea dline for 
removing the  irregularities identified in their activity ; 
 
m) revoke  the decision to appoint a  collector , issued in accordance with Article 103, orders the 
suspension of the activity of the collective management organi zation and the common  collec tion 
structure;  
 
n) monitor  the functioning of collective management organi zations and common collection 
structures;  
 
o) keep records of the entities authorized  to carry out the activities referred to in Article 58 
paragraph  (1) letter b); 
  
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 p) issue , on behalf of the state, certificates regarding the entry of subject -matter s of copyright 
and related rights in the State Register of Subject -Matters  Protected by Copyright and Related 
Rights;  
 
q) issue s control markings , in accordance with the legislation;  
 
r) manage  and maintain  the State Register of Subject -Matters Protected by Copyright and 
Related Rights and the State Register of Owners of Control Markings .  
 
(2) In order to carry out the duties referred to in para.  (1), committees and working groups  
may be created  within th e AGEPI , the organi zation and functioning of which shall be regulated  by 
order of the Director  General.  
 
Chapter II  
 
COPYRIGHT  
 
Article 5. Protection  Conditions  
 
(1) In accordance with this Law, original works in the literary, artistic and scientific fields,  
whatever may be the mode  or form of their expression, are subject to copyright protection,  
regardless of whether or not  they have been made available to  the public.  
 
(2) The author shall enjoy the protection of copyright in his/her work by simply creating it. 
For the recognition and protection of copyright, no recording of the work, nor any other act of 
notification or other formalities, are required.  
 
(3) Copyright d oes not depend on the ownership right to the material object , through  which the 
work in question has been expressed. The acquisition of such an object does not confer to its owner 
any of the rights granted to the author by this Law.  
 
Article 6. Scope of  Copyright  
 
(1) Copyright shall apply to:  
 
a) works whose authors are citizens of the Republic of Moldova, whether they have or not 
been made available to  the public;  
 
b) works  whose authors are natural or legal persons having their domicile or headquart ers in 
the Republic of Moldova , whether or not  they have been made available to the public,  
 
c) works published for the first time in the Republic of Moldova or published in the Republic 
of Moldova within 30 days from the first publication in another country;  
 
d) works of architecture built on the territory of the Republic of Moldova;  
 
e) audiovisual works whose producer has his /her domicile  or headquarters in the Republic of 
Moldova.   
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(2) If the work was created by more than one author, the protection provided for by this Law 
shall apply to all authors if at least one of the authors fulfils one of the conditions listed in paragraph  
(1). 
 
Article 7. Works Protected  by Copyright  
 
(1) Subject -matter s of copyright shall  be:  
 
a) literary works (stor ies, essays, novels, poems, etc.);  
 
b) computer programs;  
 
c) scientific works;  
 
d) dramatic and musical works, scripts, scores, film synopsis;  
 
e) musical works with or without text;  
 
f) choreographic works  and pantomimes;  
 
g) audiovisual works;  
 
h) works of graphic or plastic art, such as: works of sculpture, painting, engraving, 
lithography, monumental art, scenography, tapestry, ceramics, glass and metal plastics, drawings, 
designs ;  
 
i) works of archit ecture, urban planning and horticultural art;  
 
j) works of applied art;  
 
k) photographic works and works obtained by a process analogous to photography;  
 
l) maps, drawings, sketches  and three -dimensional works in the field of geography, 
topography, architecture and other fields of science;  
 
m) databases;  
 
n) other works.  
 
(2) Without prejudice to the rights of the author of the original work, derivative works on 
which one or more works and/or any other pre -existing material are based , shall also be protected by 
copyright, namely:  
 
a) translations, adaptations, annotations, musical arrangements and any other transformations 
of literary, artistic or scientific works, provided that they are results of intellectual creation;  
  
14 
 b) collections of literary, artistic or scientific works, da tabases ( encyclopaedias  and 
anthologies, compilations of other materials or data, whether or not they are protected), which, 
through the choice or arrangement of the material, constitute intellectual creation.  
 
(3) By copyright shall  also be protect ed a component part or other element of the work 
(including the title or characters of the work) that represents  itself an intellectual creation.  
 
(4) Works as well as component parts or other elements of the works specified in paragraph  
(1) to (3) shall be pro tected if they are original in the sense that they constitute an intellectual 
creation of their author.  
   
Article 8.  Subject -Matters Not Protected by Copyright  
The following shall  not benefit from copyright protection:  
 
a) ideas, theories, scientific discoveries, processes, operating methods or mathematical 
concepts as such, nor inventions contained in a work, regardless under which modality they were  
taken over, explained or expresse d; 
 
b) normative acts, other administrative, political or judicial acts (laws, court decisions, etc.) 
and official translations  thereof ;  
 
c) state symbols and official signs of the State, such as flags, coat -of-arms, decorations, 
monetary signs, etc.;  
 
d) expressions  of folklore ;  
 
e) the news of the day and various facts that are a simple information;  
 
f) any material resulting from an act of reproduction of the work of visual art the term of 
protection of which has expired, unless the material resulting from th e act of reproduction is original 
in the sense that it constitutes the author’s own intellectual creation.  
 
g) photographs of letters, documents, documents of any kind, technical drawings . 
 
Article 9.  Subject -Matter of Copyright  
Presumption of Authorship  and Copyright P rotection S ymbol  
 
(1) A natural person , under whose name the work is made available  to the public for the first 
time, shall be deemed to be the author.   
 
(2) In the cases expressly provided by law, natural and legal persons, oth er than the author, 
may benefit from the protection granted to the author.  
 
(3) If  the work has been disclosed to the public in an anonymous form or under a pseudonym 
that does not allow the author to be identified, the copyright shall be exercised by the natural or legal 
person who makes it available to the public with the consent of the author, as long as the author does 
not disclose his /her identity.  
  
15 
 (4) In order to inform the public about his /her rights, the copyright holder shall use the 
copyright protection  symbol, indicated according to usage, which will be applied to each copy of the 
work and  which  consists of three elements:  
 
a) the Latin letter “C” enclosed  in a circle;  
 
b) the name or denomination  of the exclusive copyright holder;  
 
c) the year of first publication of the work.  
 
(5) The use of the copyright protection symbol is not a condition for granting a work the 
protection provided for in this Law.  
 
(6) The  author or  holder of copy right in a published or unpublished work may register  it in the 
State Register of Subject -Matters Protected by Copyright and Related Rights, during the term of 
copyright protection.  
 
(7) The entry  of the work in the State Register of Subject -Matters Protected by Copyright and 
Related Rights shall be  optional, it does not confer rights and is subject to a fee approved by 
Government Decision.  
 
(8) The existence and content of a work may be proved by a ny means of proof, including its 
inclusion in the repertoire of a collective management organi zation.  
 
(9) Authors and copy right  holders, once their works are included in the repertoire of the 
collective management organi zation, may also register their nam e, denomination  or pseudonym , 
solely for the purpose of making it available  to the public.  
 
(10) The entry  of works in the State Register of Subject -Matters Protected by Copyright and 
Related Rights shall be carried out by AGEPI in accordance with the regulation approved by the 
Government.  
   
Article 10.  Copyright Content  
Moral Rights  
 
(1) The c opyright is formed of  economic  rights and moral rights (non -pecuniary personal 
rights).    
 
(2) The author of a work shall benefit of the following moral rights:  
 
a) the right of authorship  - the right to be recogni zed as the author of his /her work and the 
right to claim such recognition, inclusively  by indicating his /her name on all copies of the published 
work or by reference to his /her name, as it is customary, in the case of any use of the work, unless 
this is impossible and when the absence of the obligation to indicate the author’s name stems  from 
other provisions of  this Law;  
 
b) the right to be name d — the author’s right to decide how his /her name will appear when 
using his/her  work (true name, pseudonym or anonym e);   
16 
  
c) the right to respect the integrity of the work  - the right to protection of his/her  work again st 
any distortion, mutilation  or any other derogato ry action  in relation to  the work, which would be 
prejudic ial to  the author’s honor or reputation;  
 
d) the right of disclosure of the work  - the right to decide whether the work will be made 
public, in what manner  and when;  
 
e) the right to withdraw the work  - the right of the author to withdraw his /her work from the 
commercial circuit , indemnifying the holder of the right of use, if he /she is prejudiced by the 
exercise of withdrawal.  
 
(3) The right of withdrawal shall  not apply to computer programs, audiovisual works, 
databases and works  of architectur e.  
 
(4) Moral rights  referred to  in para graph  (2) let. a) –c) are non-prescriptive  and cannot be 
trans ferred  or waived .  
 
(5) After the author’s death, the exercise of his /her moral rights shall be transmitted to the 
heirs, in accordance with civil law, for an unlimited period of time . If there are no heirs, the exercise  
of those rights belong to  the collective management organization of which the author was a member 
or belong to  the collective management organization with which he /she had a direct connection . 
 
Article 11.  Economic  Rights  
 
The author or other copyright holder, with the exception of the author of a computer program 
whose exclusive economic  rights are defined in Article  25 and the author of the database whose 
exclusive rights are defined in Article  48, has the exclusive right to authorize  or prohibit the use of 
his/her work, including by:  
 
a) reproduction of the work;  
 
b) distribution of the work;  
 
c) rental of the work, with the exception of architectural works and works of applied art;  
 
d) lending  of the work;  
 
e) import ation  of copies of the work for distribution, including copies made with the consent 
of the author or other copyright holder;  
 
f) communication  to the public of the work;  
 
g) making the work available to the public;  
 
h) broadcastin g of the work;  
 
i) retransmission by cable of the work;   
17 
  
j) retransmission of the work;  
 
k) making of derivative works (translations, adaptations, arrangements, transformation s or 
modification s of the work).  
 
Article 12. Term of  Copyright Protection  
 
(1) The exclusive economic  rights referred to in Article  11, 25, 48 and 76 shall be protected 
throughout the life of the author and for 70 years after his /her death, regardless of the date on which 
the work was lawfully made available to the pub lic. 
 
(2) The term of protection of an audiovisual work  shall end 70 years after the death of the last 
survivor of the following persons, whether or not they have been  designated as co -authors: the main 
director, the author of the script, the author of the dialogue and the composer of the music created 
specifically for use in the audiovisual work.  
 
(3) The term of  protection of a musical work with text shall expire 70 years after the death of 
the last survivor of the following persons, whether or not they have been designated as co -authors: 
the author of lyrics  and composer, provided that both contributions have be en specifically created 
for the respective musical composition with text.  
 
(4) The economic  rights in the work  of applied art shall be protected for 25 years from the date 
of its creation, with the exception of unregistered industrial designs created for i ndustrial 
reproduction purposes, which are protected in accordance of Law No. 262/2007  on the Protection of 
Industrial Designs for 3 years from the date when they were made avail able to the public for the first 
time in the Republic of Moldova .  
 
(5) The t erm of protection , in the case of photographs which fulfil the criteria of  original ity, 
shall be calculated in accordance with paragraph  (1). No other criteria shall apply to determine 
whether they are  or not  eligible for protection.  
 
(6) The e conomic  rights in an anonymous  work  or a work published under pseudonym, with 
the exception of the work of applied art, shall be protected for 70 years from the date on which the 
work was lawfully  made available to the public. However, if the pseudonym adopted by the author 
presents  no doubt as to his /her identity or if the author reveals his /her identity du ring the period 
referred to in the first sentence, then the term of protection to be applied shall be the term  indicated 
in paragraph . (1).  
 
(7) In the case of collective works, as well as where legal persons are recogni zed as holders of 
copyright (comput er programs, databases), the terms  of protection of economic  rights last for 70 
years from the date on which the work was lawfully made available to the public, except the case 
where natural persons who created the work  are identified as such in the versio ns of the work 
disclosed to the public. This paragraph shall be wi thout prejudice to the rights of identified authors 
whose identifiable contributions are included in such works and to which paragraph  (1) or (2) apply.  
   
18 
 (8) Where a work is published in volumes, parts, bundles, numbers or episodes and where the 
term of protection applies from the moment the work has been lawfully made available to the public, 
the term of protection shall apply separately for each element.  
 
Article 13.  Calcula tion of the T erm of Copyright Protection  
 
(1) The protection of the work, after the author’s death or public disclosure, shall run from the 
generating event, however,  the terms provided for in Article  12 shall be computed  only starting  from 
1 January of th e year following the generating  fact.  
 
(2) Where the copyright belongs jointly to the collaborators of a work , the term referred to in 
paragraph . (1) shall be computed  from the date of death of the last survivor of collaborators.    
 
(3) In the case of works , whose term of protection is not calculated from the death of the  
author or authors and which have not been lawfully made available  to the public for 70 years after 
their creation, the protection shall cease.  
  
(4) The conditions for protection provided by this Law shall apply to foreign authors who 
enjoy protection und er this Law, but the term of protection shall expire at the latest on the day on 
which the protection expires in the State in which these authors are citizens and shall not exceed the 
conditions laid down in this Law.  
 
(5) Upon expiry of the term of  prote ction of economic  rights, the work enters in  the public 
domain. The use of the work in the public domain is permitted without the author’s consent and 
without  the payment of any remuneration, provided that the moral rights referred to in Article 10 
paragraph. (2) letter  a) to c) are observed . 
 
Article 14.  Protection of  Previous ly Unpublished  Works Entered  into the Public Domain  
 
(1) Any person who, after termination of copyright protection, lawfully publishes or lawfully 
communicates to the public for the first time, a previously unpublished  work , shall enjoy protection 
equivalent to the protection  of copyright.   
 
(2) The term of protection of these rights  provided in par agraph  (1) shall be 25 years from the 
date on which the work was first lawfully published or lawfully communicated to the public.  
 
Article 15.  Protection of Critical and Scientific Publications of Works Fallen  into the Public 
Domain  
 
(1) Any person who, after the expiry of the term for copyright protection, publishes a critical 
or scientific publication of a work which has fallen  into the public domain shall enjoy protection 
equivalent to that of the authors’ economic  rights.  
 
(2) The term of  protection of the economic  rights referred to in paragraph  (1) shall be 30 years 
from the date on which the publication was first lawfully publis hed . 
 
 
  
19 
 Chapter III  
 
SPECIAL PROVISIONS ON COPYRIGHT  
 
Article 16. Joint Work 
 
(1) The copyright in the joint work shall belong to its co -authors.  
 
(2) Each of the co -authors shall retain  the copyright in the part created by him /her and shall 
have  the right to dispose of it as he /she wish es, provided that this part has a self-supporting  
character. A component part of the work shall be deemed to be self -support ing if it can be used 
independently of the other parts of that work.  
 
(3) The r elations between the co-authors are usually established on the basis of a contract. In 
the absence of such a contract, copyright in the work shall be exercised jointly by all the authors , 
and the remuneration shall be shared with each other in proportion t o everyone’s  contribution, if that 
can be determined. Where the contribution of each of the co -authors cannot be determined, the 
remuneration shall be divided into equal shares.  
 
(4) If the work cannot be divided into self-supporti ng parts, the co -authors  may exercise 
copyright only by mutual agreement.  
 
 
Article 17.  Collective Work  
 
(1) The natural or legal person on the initiative, on the responsibility, including financial, and under 
the leadership of which is created  and under whose name or denomination  a collective work is 
published (such as encyclopedias, dictionaries and similar collections, newspapers, magazines and 
other periodicals) shall enjoy the economic  rights on that collective work. Those  persons shall have 
the right to indicate their name or denomination or to request such an indication of any use of the 
collective work in question.  
(2) Unless the contract concluded between the authors and the natural or legal person referred 
to in par. (1) provides otherwise, the authors of the works included in a collective work shall retain 
their rights, as stipulated by this Law, in their own works and may dispose of them independently of 
the collective work in which they are included.  
 
Article 18.  Derivative work  
 
(1) Translators and other authors of derivative works shall enjoy copyright in their 
translations, adaptations, arrangements or other transformations of the work.  
 
(2) T he translation or other derivative work may only be made  with the consent of the author 
of the original work. Copyright of the translator or other author of a derivative work shall not  
prejudice  the rights of the author whose original work has been translated, adapted, arranged or 
otherwise transformed.  
  
20 
 (3) Th e copyright of the translator or other author of a derivative work shall not prevent other 
persons from performing, with the consent of the author of the original work, the translation or 
transformation  of the same work.  
 
Article 19.  Audiovisual work   
 
(1) Authors (co -authors) of the audiovisual work, in accordance with Article  9 shall be :  
 
a) the principal  director (the director);  
 
b) the author of the script (the screenwriter );  
 
c) the author of the dialogue;  
 
d) the composer - the author of any musical work (with or without text) specially created for 
the audiovisual work;  
 
e) the graphic author for animation works or animation sequences, when the latter represent an 
important part of the work;  
 
f) other possible authors who have contributed substantially to the performance  of the 
audiovisual work, according to the provision s of the contract between the producer and the director.  
 
(2) Where  one of the authors referred to in paragraph  (1) refuses to finali ze his /her 
contribution to the audiovisual work or is unable to do so, he /she shall not be able to oppose its use 
for the purpose of completing the audiovisual work. This author shall be entitled to remuneration for 
his/her contribution.  
 
(3) Authors of the audiovisual work, other than the main author, may not oppose the 
disclosure to the public and the specific use in whole  or in part , of the final version of the work.  
 
(4) Unless otherwise stated, authors of the audiovisual work, as well as other authors of 
contributions thereto, retain all rights of use separately for their own contributions, as well as the 
right to authori ze and/or prohibit uses other than the specific use of the work, in whole or in part, 
such as the use of fragments  of the cinematographic  work  for advertising  other  than for the 
promotion  of the work.   
 
(5) For the production  of an audiovisual  work,  the written  form  of the contract  between  the 
producer  and the main  author  is mandatory.  
 
(6) The audiovisual work shall be considered finished  when the main author and the producer  
have established, by mutual agreement, the final version . .  
 
(7) Moral  rights  in the finished  work  shall  be recogni zed only to the authors  established  in par. 
(1). 
 
(8) The destruction of the original support  of the final version of the audiovisual work in the 
form of a standard copy is to be prohibited.   
21 
  
(9) Contracts  concluded  between  the authors  of the audiovisual  work  and the producer,  unless  
otherwise  stated,  shall  be presumed,  with the exception  of autho rs of specially  created  music,  to 
assign  to the producer  the exclusive  rights  to use the work  as a whole,  as provided  for in Article  11, 
and the right  to authori ze dubbing  and subtitling,  in return  for fair remuneration.  The provisions  of 
Article  81 shall  apply  to exclusive  rental  and lending  rights.  
 
(10) In the absence of a provision  to the contrary, performers who participated in the 
production of an audiovisual work shall be presumed to assign to its producer , in exchange  for a fair 
remuneration, the exclusive rights of reproduction, distribution and import, and rental  and lending 
rights in accordance with Article  81. 
 
(11) The producer of the audiovisual work shall  have the right to indicate his /her name or 
denomination  or to request such an indication in any use of the work.  
 
(12) Unless  otherwise  stated,  the remuneration  for each modality  of use of the audiovisual  
work  shall  be proportionate  to the gross  receipts  resulted  from  the use of the work.  
 
(13) Pursuant  to the conditions  laid down  in Article  36, the producer  shall  be obliged  to send 
to the authors,  periodically , the statement  of collected  receipts  after each mode of use. The authors  
receive  their due remuneration s either  through  the producer  or directly  from  the users , or through  the 
collective  management  organi zations , on the basis  of the general  contracts  concl uded  by them  with 
the users.  For the rental  right  and lending  right , authors  shall  receive  the remuneration  in accordance  
with the provisions  of Article  81. 
 
(14) If the producer  does not complete  the audiovisual  work  within  five years  from  the 
conclusion  of the contract  or does not broadcast  the audiovisual  work  within  one year of its 
completion,  the co-authors  may revoke the contract, in whole or in part, in accordance with Article  
39. 
 
Article 20.  Works of Graphic or Plastic Art. Right of Access  
 
(1) The author of a work of graphic or plastic art shall have the right of access to see the work, 
provided that this is necessary for the artistic activity of the author or for the purpose of exercising 
his economic  rights, unless this causes unreasonable  harm to the owner or holder of the work. At the 
same time, the owner is not obliged to deliver the original or a copy of the work to the author.  
 
(2) The creation and use of a work of graphic or plastic art containing a portrait shall be 
permitted only w ith the consent of the represented person or his /her successors.  
 
Article 21.  Photographic Work and Portrait Protection  
 
(1) The transfer of ownership of the negative or other similar fixation of the photographic 
work, on the basis of which copies of the work may be made, has the effect, unless otherwise 
provided for in the assignment agreement, of the transfer of the econom ic rights to the work, except 
for the resale right.  
  
22 
 (2) In the absence of contractual provisions to the contrary, the photographic work containing 
the image of the person at whose order the photograph was executed may be published, reproduced 
and made av ailable to the public by the person in the image.  
 
(3) The creation, reproduction, modification and distribution of a photographic work 
containing a portrait shall be permitted only with the consent of the represented person or his /her 
successors, in acco rdance with the rules of civil law on the right to his /her own image.  
 
(4) In the absence of a contractual clause to the contrary, the consent of the person represented 
in the photographic work is not required:  
 
a) if the person represented is a profession al model and/or has received remuneration to pose ;  
 
b) if the person represented is generally known and the photographic work was execut ed on 
the occasion of his /her public activities;  
 
c) if the person represented  is only a detail of a photographic work presenting a landscape, a 
group of persons or a public manifestation.  
 
Article 22.  Work of Applied Art and Work of Architectur e  
 
(1) The protection afford ed by this Law to works of applied art (design) shall extend  to 
external appearance of objects, determined by such characteristics as lines, contours, shape, textures, 
regardless of whether the object is two -dimensional or three -dimensional.  
 
(2) The protection afforded by this Law to works of architecture shall extend to:  
 
a) architectural objects;  
 
b) architectural projects and technical documentation elaborated on their basis;  
 
c) architectural complex projects.  
 
(3) The right of transformation, adaptation and other similar modifications of the work of 
appli ed art or architecture shall  not extend to modifications that do not change the external 
appearance of the work.  
 
(4) Regarding  works of applied art and architectur e:  
 
a) the right to respect the integrity of the work, provided for in Article  10 par agraph  (2) letter 
c), shall  not extend to modifications that do not cause the change of the external appearance of the 
work;  
 
b) with the transmission of architectural project s and architectural complex  projects , in order 
to start construction works, the right to disclosure provided for in Article  10 paragraph  (2) letter d) 
shall be exhausted . 
 
  
23 
 Chapter IV  
 
COMPUTER PROGRAMS  
 
Article 23.  Subject -Matter of Protection  
 
(1) Computer programs are protected by copyright as literary works.  
 
(2) A computer program shall be  protected if it is original in the sense that it is the author’s 
own intellectual creation. No other criteria shall be applied to determine whether it is eligible for 
protection.  
 
Article 24.  Authorship and Beneficiaries of Protection  
 
(1) The author of  a computer program shall be  the natural person or group of natural persons 
who have created the computer program.  
 
(2) In the case of joint work and collective work, the author shall be determined in accordance 
with the provisions of Article 16-17. 
 
(3) Unless otherwise provided by contract , economic copyright s in computer programs created 
by one or more employees in the performance of their duties or following the  instructions given by 
his/her employer shall belong to the employer.  
 
(4) The provisions of Article  35 to 39 shall not apply to the authors of compu ter program s. 
 
Article 25.  Exclusive Rights of the Author of a Computer Program  
 
(1) The exclusive rights of the author of a computer program shall include the right to do or to 
authori ze:  
 
a) the permanent or temporary reproduction of a computer program  by any means and in any 
form , in whole or in part. In so far as loading, displaying, running, transmission or storage of the 
computer program requires such reproduction, such acts shall be subject to authori zation by the 
rightholder ; 
 
b) the transl ation, adaptation, arrangement  and any other alteration  of a computer program 
and the reproduction of the results of such acts, without prejudice to the rights of the person who 
alters the computer program;  
 
c) any form of distribution  to the public , including the rental , of the original computer program  
or copies thereof . 
 
(2) The first sale of a copy of a computer program on the territory of the Republic of Moldova 
by the rightholder or with his /her consent shall exhaust the right to distribute this copy, except  for 
the right to control subsequent rentals of the computer program or a copy thereof.  
  
24 
 (3) “ Rental ” within the meaning of paragraph  (1) letter c) means making available for use , for 
a limited period and for profit -making purposes, a computer program or a copy thereof. This term 
does not include public loans. 
 
Article 26.   Exceptions  
 
(1) In the absence of express contractual provisions , the uses referred to in Article 25 par. (1) 
let. a) to b) shall not require the consent of the author or other copyright h older  where  they are 
necessary for the use of the computer program by the  lawful user in accordance with its intended 
purpose, including for errors  corre ction  
 
(2) The making of a back -up copy by a person having the tight  to use the computer program  
may not be prevented by contract  in so far as it is necessary for that use . 
 
(3) A person having a right  to use a copy of a computer program shall be entitled , without the 
consent of the auth or or other copyright holder, to observe , study or test the functioning of the 
program in order to determine  the ideas and principles which underl ie any element of the program if 
he does so while  performing any of the acts of loading, displaying , running, transmi tting or storing 
the computer program which he is entitled to do.  
 
(4) The provisions of Chapter IX shall not apply to computer programs.  
 
Article 27. Computer Program  Use Agreement  
 
(1) In the absence of a provision t o the contrary , a computer program use agreement assumes 
that:   
 
a) the user is granted the non -exclusive right to use the computer program;   
 
b) the user cannot trans fer to another person the right to use the computer program.   
 
(2) The transfer  of the right to use a computer program shall  not imply transfer  of copyright in 
it. 
 
(3) Any provision  contrary to Article  28 or contrary to the exceptions provided for in Article  
26 par. (2) and (3) shall be null and void.  
 
Article 28.  Decompilation  
 
(1) The consent of the author or other rightholder shall not be required where reproduction of 
the code and translation of its form are indispensable to obtain the information necessary to achieve 
the interoperability of a computer program independently cr eated by other authors with other 
programs , provided that the following conditions  are met :  
 
a) those acts are performed by the licensee or by another person having a right  to use a copy of 
a program , or on their behalf by a person authorized  to do so ;  
  
25 
 b) the information neces sary to achieve interoperability has not previously been readily  
available to the persons referred to  in point (a);  
 
c) those acts are confined  to parts of the original program which  are necessary in order to 
achieve interoperability.  
 
(2) The provisions of paragraph  (1) shall  not permit  the information obtained through its  
application :  
 
a) to be used for purposes other than to achieve the interoperability of the independently 
created computer program;  
 
b) to be transmitted to third persons, except where necessary for the interoperability of the 
independently created computer program;  
 
c) to be used for the development, production or marketing of a computer program 
substanti ally similar in its expression , or for any other act which infringes  copyright.  
 
(3) The provisions of paragraph  (1) and (2) shall not apply if it cause s damage  to the author or 
other copyright holder or to the normal use of the computer program.  
Chapter V  
 
TRANS FER  OF THE COPYRIGHT AND RELATED ECONOMIC  RIGHTS  
RIGHT OF USE OF COPYRIGHT AND RELATED RIGHTS  SUBJECT -MATTER S 
 
Section 1  
Trans fer of copyright and related economic  rights  
 
Article 29. Arrangements for the Transfer of Copyright and Related Economic  Rights  
 
(1) The author or holders of copyright or related rights may transfer in whole or in part the 
economic  rights by assignment  contract, as well as by succession.  
 
(2) The trans fer of rights on a contractual basis shall  not apply to rights to which authors or 
holders of copyright and related rights may not oppose to the generated use.   
 
(3) Where authors and rightholders benefit, by operation of law, from compulsory 
remuneration, they may not oppose the uses which give ri se to it.  
 
(4) After the author ’s death, the rights provided for in Articles 11 and 76 shall be trans ferred to 
the heirs, according to the civil law, for the period provided for in Article 12. If there are no heirs, 
the exercise of these rights shall rever t to the collective management organi zation of which the 
author was a member or the collective management organi zation with which he/she was directly 
connected.  
 
(5) After the computer program  author ’s death , the economic  rights in it shall be transferred to 
the heirs, according to the civil legislation, for the period provided for in Article 12.  
  
26 
 (6) After the interpreter’s death, the exercise of the economic  rights referred to in Article 42 
shall be trans ferred  to the heirs, according to the civil law, for the period provided for in Article 46. 
If there are no heirs, the exercise of these rights shall revert to  the collective management 
organi zation of which the interpreter was a member or the collective manageme nt organi zation with 
which he/she  was directly connected, or to the collective management organi zation with the largest 
number of members, in that field. The remuneration collected in this case shall  be considered as 
deductions for the purpose of financing activities for social, cultural and educational purposes.  
Article 30. Contract  for Assignment of Copyright and Related Economic Rights  
 
(1) Under a contract  for the  assignment of copyright and related economic  rights, the author or 
holder of copy right or related rights (assignor) trans fers his/her economic  rights to another person 
(assignee).  
 
(2) The assignment  may be limited to certain rights, for a given territory and for a certain 
duration.  
 
(3) The author or holder of copyright or related rights may no longer use the work or other 
subject -matter in the manner, within the time limit and for the territory agreed with the assignee, nor 
may transfer that right to another person.  
 
(4) The transfer by contract  of one of the economic  rights of the author or holder of copyright 
and related rights shall have no effect on their other rights , unless otherwise agreed in the 
assignment contract .  
 
(5) In the case of the transfer by contract of the right to reproduce a work, it is presumed that 
the right to the distribution of copies of such work has also been trans ferred , except for the  rights  to 
import, unless otherwise provided for in the contract.  
 
(6) The contract on assignment of economic  rights must provide for the economic rights  
transferred, the duration and extent of the use , and the remuneration of the holder  of copyright  and 
related rights . The absence of any of these provisions shall entitle the interested party to request the 
termination of the contract .   
 
(7) The contract  on assignment , which has as its subject -matter the economic  rights regarding  
the totality of the author’s future works, whether nominated or not, shall be null and void.   
 
(8) The existence and content of the contract on assignment of  economic rights can only be 
proved by its written form.  Exceptions are contracts  with the object of  using works  in newspapers 
and other periodicals.  
 
Section 2. Authori zation of the Use of Works and Other Protected  Subject -Matter s 
 
Article 31. User  Agreement   
 
(1) The author or holder of copyright or related rights may, by agreement, authori ze other 
persons to use their protected works or other subject -matter s. 
  
27 
 (2) In the case of a user  agreement, the author or the holder of the copyright or related rights 
may use the work or other subject -matter and authori ze other persons to use the same protected 
works or subject -matter s.   
 
(3) The user agreement must be concluded in writing and must provide for the following 
mandatory elements, under penalty of nullity : 
 
a) the way of using the prote cted work or other subject -matter ; 
 
b) the validity term ; 
 
c) the territory of action of the law;  
 
d) the amount of the remuneration or the basis for its calculation for each way of us ing the 
protected  work or other subject -matters ; 
 
e) the conditions and the term of payment of the remuneration.  
 
(4) The terms of the use agreement which contravene the provisions of this Law shall be 
considered void and the conditions laid down in this Law shall apply instead.  
 
Article 32.  License Agreement  
 
(1) The collective management organi zation shall grant users the r ight to use protected works 
and other subject -matter from the repertoire managed by it through the conclusion of a license 
agreement.  
(2) The license agreement must be concluded in writing and must provide for the following 
mandatory elements:  
 
a) the contracting parties;  
 
b) the ways of using the work or other subject -matter ; 
 
c) the validity term ; 
 
d) the territory of action  of the law ; 
 
e) the conditions and time limits for  payment of the remuneration due by the user;  
 
f) penalties and facilitations according to methodologies  approved under the conditions of 
Articles 99 -102. 
 
 
Chapter VI  
CONTRACT S IN THE FIELD OF COPYRIGHT AND RELATED RIGHTS  
 
EQUITABLE REMUNERATION IN CONTRACT S FOR THE  EXPLOATATION OF 
WORKS AND OTHER PROTECTED  SUBJECT -MATTER S   
28 
 Section 1  
Contracts  in the Field of Copyright and Related Rights  
 
Article 33. Aspects of Copyright and Related Rights in Employment Contracts  
 
(1) In the absence of a contractual provision  to the contrary, for works created in the 
performance of the duties specified in the individual employment contract , the economic  rights 
belong to the author of the created work,  however,  the author may authori ze the use of the work by 
third parties only with the consent of the employer and with his reward for contributing to the costs 
of creation. The use of the work by the employer within the scope of the activity  does not require 
authori zation of the author ’s employee.    
 
(2) If the individual employment contract  contains a provision within the meaning of 
paragraph (1) , it shall provide for  the term for which the economic rights of copyright were  
transferred . In the absence of an indication of the term, it shall be three years from the date of 
delivery of the  work.    
 
(3) After the expiry of the term provided for in paragraph  (2), in the absence of a contractual 
provision to the contrary , the employer shall b e entitled to require the author to pay a reasonable 
proportion of the income arising  from the use of his /her work in order to compensate for the costs 
incurred by the employer for the creation of the work by the employee in the course of his /her 
duties.    
 
(4) Upon expiry of the term mentioned in paragraph  (2) the author’s economic  rights shall be 
vested in the author.    
 
(5) The author of a work created under  an individual employment contract  retains the 
exclusive right to use the work as part of his /her creation as a whole.   
 
(6) In the case of a performance or execution by a performer , in the context of an individual 
employment  contract , the economic  rights referred to in Article  42, which are transferred to the 
employer, must be expressly provided for in the individual employment contract . 
 
(7) The author of the work created in the performance of his /her duties shall not be entitled to 
prohibit his /her employer from publishing it or otherwise making it accessible to the public.  
 
(8) When using the w ork created in the performance of duties, the author’s name shall be 
indicated where this is actually possible. The employer shall also have the right to request that 
his/her name or denomination  be indicated in any use of the work.   
 
Article 34. Order  Contract  
 
(1) In case of an order contract for future works, in the absence of a contractual provision to 
the contrary , the economic  rights shall belong to the author.    
 
(2) The order contract for a future work must include both the term  of delivery and the term 
for acceptance of the work.    
  
29 
 (3) The person ordering the work shall have the right to terminate the contract if the work does 
not meet the conditions laid down. In the event of termination of the contract , the amounts collected 
by the author shall remain with him /her. If, in order to create a work which has been the subject -
matter of an order contract , preparatory works have been carried out, the author shall be entitled to 
reimbursement of the costs incurred.  
 
 
Section 2  
 
Equitable  Remuneration in  
Contracts for the  Exploitation  of Works and Other Protected  Subject Matters  
 
Article 35 . Principle of Appropriate  and Proportionate Remuneration  
 
(1) When authori zing, in accordance with Article  31, the use of works or other protected 
subject -matter s or assigning their exclusive rights pursuant to Article  30, authors and performers 
shall be entitled to receive appropriate  and proportionate remuneration in relation to:  
 
a) the actual or potential  economic value of the rights;   
 
b) their contribution, evaluated quantitatively and qualitatively, to the whole of the work or 
other protected subject -matter s; 
 
c) market practices;  
 
d) the use of the work.  
 
(2) In implementing the principle set out in paragraph  (1), account shall be taken of the 
principle of contract ual freedom and that of a fair balance of rights and interests of the parties, with 
mechanisms such as collective bargaining being used.  
 
(3) The payment of a lump sum may constitute an appropriate  and proportionate 
remuneration. The lump sum may be applied in specific cases, taking into account the characteristics 
of the musical, audiovisual and editorial cultural sectors, provided that the y do not operate to the 
detriment of authors and performers, by comparison with the remuneration set as a percentage of the 
income.  
 
(4) The application of the provisions of para graph  (1) does not constitute a prohibition for 
authors and performers to auth orize non -commercial uses, as well as free uses of the works or other 
protected subject -matters , done through non -exclusive licenses.  
 
Article 36.  Transparency Obligation  
 
(1) Authors, performers or their representatives shall receive on a regular basis, and at least 
once a year, depending on the particularities of the music al, audiovisual and editorial sectors, up -to-
date, relevant and comp rehensive  information on the exploitation of their works and performances 
from the holders of the user agreeme nt, the assignees or their successors in title.  
  
30 
 (2) The information referred to in paragraph  (1) shall include the remuneration  due, all 
modes of exploitation, all revenues  generated , including promotional revenues, and shall enable the 
economic value of the rights in question to be assessed effectively.  
 
(3) Authors, performers or their representatives shall, upon request, receive information 
additional to that specified in paragraph  (1) and (2), if the holders of the use r agreement or the 
assign ees, as the first contractual partners, do not hold the requested information and the rights 
relating to the exploitation of the works and performances have been subcontracted. The holders of 
the use r agreement or the assignees shall provide information on  the identity of the subcontractors. 
Any request to subcontractors shall be addressed directly or indirectly through the contractual 
partner  of the author or  the performer .  
(4) The t ransparency obligation:  
 
a) shall be proportionate and effective in ensu ring a high level of transparency in the sectors 
referred to in paragraph  (1); 
 
b) is limited to reasonable information, provided in cases where the administrative burden is 
not disproportionate to the revenue from the exploitation of rights assigned or authorized  by the 
author or performer . 
 
(5) The obligation set out  in paragraph  (1) shall not apply:  
 
a) where  the contribution of the author or performer is not significant having regard to  the 
overall work or performance, unless the author or performer  requires the  information for the 
exercise of his /her right under Article  37. 
 
b) in the c ase of collective management organi zations, where the provisions of Article  95 
paragraph  (1) and (2) are applicable;  
 
c) where the use has ceased or the author or performer has authorized  the use of protected 
works or other subject -matters without remuneration to the general public.  
 
(6) The significant personal contribution referred to in paragraph  (5) shall be determined on 
the basis of factors such as:  
 
a) the direct impact on the success of the work or performance;  
 
b) the contribution could be replaced by that of another author or performer, without 
affecting the commercial success of the work or performance.  
 
(7) In case of exploitation of works and performances which are the subject of or are based 
on collective bargainin g agreements or contracts , the transparency rules of the relevant collective 
bargaining  agreement or contract shall apply, on condition that those rules meet the criteria provided  
for in paragraphs (1) to (4). 
 
(8) If the  holders of the use r agreement or assignees breach their obligation of transparency 
for two consecutive years, the author or performer  may request revocation of the agreement or 
assignment.   
31 
  
(9) Requests for the information referred to in paragraphs  (1) to (3) may be made on behalf 
of and for authors and performers by the collective management organi zations, in accordance with 
the mandate given for this purpose.  
 
Article 37.  Contract Adjustment Mechanism  
(1) In the absence of agreements or collective  bargaining agreements providing for a 
mechanism comparable to that set out  in this Article  appropriate  and fair remuneration from the 
authorized  person, assignee or their successors  in title , when the remuneration originally  agreed turn 
out to be  dispropo rtionately low compared to all subsequent relevant revenues derived from the 
exploitation of the works,  or performances.  
 
(2) Paragraph  (1) shall not apply to collective management organi zations where the 
provisions of Article  95 paragraph  (1) and (2) are applicable.  
(3) The r equests for contract adjustment can be formulat ed on behalf of and for authors and 
performers by the collective management organi zations according to  the mandate granted in this 
regard . 
  
Article 38. Alternative Dispute Resolution  Procedure  
 
(1) Disputes concerning the transparency obligation under  Article  36 and the contract 
adjustment mechanism under  Article  37 may be subject to a procedure submitted for examination to 
the Mediation Committee or to the  Arbitration  specia lized in the field of intellectual property , which 
functions in the way established by the Government.  
 
(2) The provisions of paragraph  (1) do not restrict the right of the parties to address the issue  
to the court.  
 
(3) The r equests provided for in  paragraph (1) can be formulated  on behalf of and for authors 
and performers by the collective management organi zations according to  the mandate granted in this 
regard . 
 
(4) Any contractual provision  which impedes the observance  of Article s 36 to 37 shall be 
void.  
 
Article 39.  Right of Revocation  
 
(1) The author or performer  may revoke in whole or in part the agreement or contract for the 
assignment of the economic  rights referred to in Article  30 to 31 where :  
 
a) the holder of the agreem ent or the assignee does not exploit the work, performance  or 
execution , in accordance with the provision of the contract ; 
 
b) the exploitation is minimal or does not comply with the standards referred to in paragraph  
(3) of this Article;  
  
32 
 (2) Where  the holder of the use r agreement or the assignee fails to comply with the 
obligations agreed in relation to all the economic  rights and t ypes of exploitation granted or 
assigned, the author or performer  may request partial revocation.  
 
(3) The revocation mechanism provided for in para graph  (1) shall apply in accordance with 
the characteristics and reasonable exploitation standards of the m usical, audiovisual and editorial 
sectors (minimum threshold of published copies, reprint conditions, etc.) and the different categories 
of works executions and performances . 
 
(4) In the case of works executions and performances  involving more than one author or 
performer, the importance of the individual contribution  and the legitimate interests of all authors 
and performers affected by the individual application of the revocation mechanism shall be taken 
into account.  
 
(5) The revocation provided fo r in paragraph  (1) may not be requested before the expiry of 
two years from the date of conclusion of the agreement or assignment  contract. In the case of works 
in daily publications, this period shall be three months , and in the case of periodicals  - one year . The 
author or performer  shall notify the holder of the user agreement or the assignee and set an 
appropriate deadline by  which the authorized  or assigned rights are to be exploited. After the expiry 
of that deadline , the author or performer  may choose to terminate the exclusiv ity of the contract 
instead of revoking the agreement or assignment contract.  
 
(6) The provisions of paragraph  (1) shall  not apply if the lack of exploitation of the rights is 
predominantly  due to his own fault, the act of a third party, a force majeure or justifying impediment 
or circumstances that the author or the performer  can reasonably be expected  to remedy t.  
 
(7) An y contractual provision derogating from the revocation mechanism provided for in 
paragraph  (1) shall be enforceable only if it is based on a collective bargaining agreement or 
contract . 
 
Chapter VII  
 
RIGHTS RELATED TO COPYRIGHT  
Article 40. Scope  of Related Rights  
 
(1) Related rights shall be exercised without prejudice to copyright.  
 
(2) The recognition and protection of related rights shall not be subject to compliance with any 
formality. In the absence of proof to the contrary , the natural person  or the legal entity whose name 
or denomination  appears on a fixation  of a performance , on a phonogram, on a videogram or on the 
fixation of a broadcast , in the usual manner,  shall be deemed to be the  performer , producer of 
phonogram or videogram or , radio and T V broadcasting organization, res pectively . 
 
(3) In order to inform the public of their rights, performers, producers of phonograms or 
videograms and radio and TV broadcasting organi zations may indicate, on each copy or packaging 
of a phonogram, a videogram, an audiovisual recording ( fixation ), a broadcast, the symbol of 
protection of related rights, as usual, consisting of three elements:  
  
33 
 a) the Latin letter “P” enclosed  in a circle ;  
 
b) the name or denomination  of the holder of exclusive related rights;  
 
c) the year of first publication of the perform ance, phonogram, videogram, broadcast.  
 
(4) The rights of the performer  shall be protected in accordance with this Law if:  
 
a) he/she is a citizen of the Republic of Moldova;  
 
b) the performance  or execution  takes place on the territory of the Republic of Moldova;  
 
c) the performance  or execution  was fixed on a phonogram or videogram in accordance with 
the provisions of paragraph  (5);  
 
d) the performance is not fixed on a phonogram or videogram, but it is included in a broadcast 
of the  radio and TV  broadcasting organi zation in accordance with the pro visions of paragraph  (6).  
 
(5) The rights of the producer of phonograms or videograms shall be protected in accordance 
with this Law if the producer of the phonogram or videogram is a citizen of the Republic of 
Moldova or a legal entity  with permanent headquarters in the Republic of Moldova;  
 
(6) The rights of the radio and TV broadcasting organi zation shall be protected in accordance 
with the provisions of this Law if the organi zation in question has its permanent headquarters in the 
Republic of Moldova and broadcasts programmes from a transmitter situated  in the Republic of 
Moldova.  
 
(7) The right of distribution of performers, producers  of phonogram s, producers of videograms 
and radio and TV broadcasting organi zations shall be exhaust ed with the first sale or other transfer  
of the right of ownership of the performance, phonogram, videogram or printing of the broadcast on 
the territory of the Republic of Moldova.  
 
(8) The related rights of performers, producers of phonograms or videogra ms and foreign 
radio and TV broadcasting organi zations shall be protected in accordance with the provisions of 
international treaties to which the Republic of Moldova is a part y. 
 
(9) The provisions of Article 9 para graph  (5)– (10) shall apply mutatis muta ndis to subject -
matters of related rights.  
 
Article 41. Moral Rights of Performers  
 
(1) The performer shall enjoy the following moral rights in respect of his /her performance:  
 
a) the right of paternity  - the right to claim recognition of the authorship  of one’s performance  
or execution , except where  omission is dictated by the manner  of the use ; 
 
b) the right to be name d — the right to require that his/her  name or pseudonym  be mentioned  
or communicated whenever  the performance  or execution  is used ;   
34 
  
c) the right to respect  the integrity of performance  - the right to object to  any distortion, 
falsification  or other modification of his/her  performance which would be prejudicial to  his/her  
reputation, taking due account of the nature of the audiovisual recording ( fixation ). 
 
(2) The rights referred to in para graph  (1) are non -prescriptive and  shall not be subject to any 
waiver or alienation .  
 
(3) After the performer ’s death, the exe rcise of his /her moral rights shall be transferred  to the 
heirs, in accordance with civil legislation,  for an unlimited period of time . If there are no heirs, the 
exercise of the said  rights rests with the collective management organization,  member of  which the 
performer  was or with which he was directly connected.  
 
Article 42.  Exclusive Economic  Rights of Perform ers 
 
(1) The performer  shall enjoy  the exclusive right to authori ze or pro hibit the following:  
 
a) the fixation of  his/her  performance  or execution ; 
 
b) the reproduction of his/her  fixed performance  or execution ; 
 
c) the distribution of his/her  fixed performance  or execution ; 
 
d) the rental  of the fixed performance  or execution ; 
 
e) the lending of the fixed performance  or execution ; 
 
f) the import ation  of the fixed performance  or execution ; 
 
g) the broadcasting and communication to the public of his/her  performance  or execution , 
except where  the performance has already been fixed or broadcast, including in the case of 
audiovisual fixations, in which case they are only entitled to equitable remuneration;  
 
h) the making available to the public of his/her fixed performance or execution , in such a way  
so that it can be accessed, by the public  from  a place and at a time individually chosen  by it; 
 
i) the retransmission by cable of his/her fixed performance  or execution ; 
 
j) the retransmission of his/her  performance  or execution . 
 
(2) Contracts concluded between performers and producers of audiovisual fixations, unless 
otherwise stated, are presumed to give the producer the exclusive rights referred to in paragraph  (1) 
letter b) to d), g) and h) in audiovisual fixed performances  and executions  in return for equitable  
remuneration . 
 
(3) For the purpose of  exercis ing the exclusive rights to the authori zation provided for in 
paragraph  (1), performers who collectively participate in the same performance or execution , such  
35 
 as members of a musical group, choir, orchestra, ballet or theatrical band, shall mandate,  in writing , 
a representative from among them selves , , with the consent of a majority of the members.  
 
(4) The director, conductor and soloists shall be  exempted from paragraph  (3). 
 
(5) Where a performer  has, by assignment  contract, trans ferred  to a producer of phonograms, 
videograms or audiovisual works his /her rental and lending  right provided for in paragraph  (1) letter 
d) and e), the performer shall retain the right to equitable remuneration, on which the parties shall 
agree by mutual agreement.  
 
(6) If the commercial  rental has not contributed to the large -scale production of copies of fixed 
audiovisual performances which substantially compromise the exclusive right of reproduction, the 
performers shall retain the exclusive right to authori ze or prohibit the right refe rred to in  paragraph  
(1) letter d). 
Article 43. Rights of Phonogram Producers  
 
The phonogram producer shall enjoy  the exclusive right to authori ze or prohibit the following:  
 
a) the reproduction of his/her own phonograms , by any means and in any form;  
 
b) the distribution of his/her own phonograms;  
 
c) the rental  of his/her own phonograms;  
 
d) the lending of his/her own phonograms;  
 
e) the import ation  for the  purpose of marketing on the domestic market of legally produced 
copies of their phonograms;  
 
f) the broadcasting and communication to the public of his/her  own phonograms, except those 
published for commercial purposes, in which case it is entitled only to equitable remuneration;  
 
g) the making available to the public of his/her  own phonograms , in such a way  that they can 
be accessed  by the public  from a  place and at a time individually chosen by  it; 
 
h) the retransmission by cable of his/her own phonograms;  
 
i) the retransmission of his/her own phonograms.  
 
Article 44. Rights of Videogram Producers  
 
The producer of videogram s shall enjoy  the exclusive right to authori ze or prohibit the 
following:  
 
a) the reproduction of his/her  own videograms , by any means and in any form ; 
 
b) the distribution of the original or copies of his/her own videograms;  
  
36 
 c) the rental  of his/her own videograms;  
 
d) the lending his/her own videograms;  
 
e) the import ation  for the purpose of marketing on the domestic market of his/her  own 
videograms ; 
 
f) the broadcasting and communication public  of his/her own videograms;  
 
g) the making available to the public of his/her own videograms , in such a way  that they can 
be accessed  by the public  from a  place and at a time individually chosen by  it; 
 
h) the retransmission by cable of his/her own videograms;  
 
i) the retransmission of his/her own videograms.  
 
Article 45. Rights of  Radio and TV  Broadcasting Organi zations  
 
(1) Radio and TV b roadcasting organi zations shall have the exclusive right to authori ze, with 
the obligation for the authorized  person to mention  the names of the organi zations, or to prohibit the  
following:  
 
a) the fixation of their own radio or television broadcasts and program  broadcasting  services, 
whether transmitted by wire or  wireless means , including by cable or satellite;  
 
b) the reproduction by any means and in any form of their own radio or television broadcasts 
and program  broadcasting  services fixed on any medium, whether transmitted by wire or wireless 
means, including by cable or satellite;  
 
c) the distribution of their own broadcasts and radio or TV program broadcasting services 
fixed on any medium;  
 
d) the import ation,  for marketing on the internal market, of their own broadcasts and radio or 
television program  broadcasting services fixed on any medium;  
 
e) the retransmission or reissuance of their own broadcast s and radio or television program  
broadcasting services  by wireless means, by wire, by cable, by satellite or by any other similar 
means, as well as by a ny other means of communication to the public, including retransmission on 
the Internet;  
 
f) the communication to the public of their own broadcast s and radio or television program 
broadcasting services  in places accessible to the public against  payment of an entrance fee ; 
 
g) the rental  of their own broadcasting and radio or television program broadcasting services  
fixed on any medium;  
 
h) the lending  of their own broadcasts and radio or television program broadcasting services  
fixed on any medium;   
37 
  
i) the making available to the public of their own broadcasts and radio or television program 
broadcasting services  fixed on any medium, whether by wire or wireless  means , including cable or 
satellite, in such a way  that they can be accessed by the public  from a place and at a time chosen 
individually  by it. 
 
(2) The right provided for in paragraph  (1) letter a) shall not be provided for a cable distributor 
if it is limited to the retransmission by cable of broadcasts of radio and television broadcasting 
organi zations.  
 
Article 46 . Terms  of Protection of Related Rights  and the Right to Supplementary  Remuneration  
 
(1) The rights of performers  shall be protected for 50 years from the date of performance  or 
execution, with the following exceptions : 
 
a) if a fixation of the performance , other wise than in a phonogram is lawfully published or 
lawfully communicated to the public within this period, the rights shall expire  50 years from the date 
of the first publication or the first communication to the public, whichever is the earlier;  
 
b) if a fixation of the performance in a phonogram is lawfully published or lawfully 
communicated to the public within this period, the rights shall expire  70 years from the date of  the 
first such publication or the first such communication to the public, whichever is the earlier;  
 
c) in the case of fixed audiovisual performances  or executions , the rights shall expire  50 years 
from  the end of the year in which the performance was fixed.  
 
(2) The rights of producers  of phonogram s shall be protected for 50 years from  fixatio n, with 
the following  exceptions : 
 
a) if the phonogram is lawfully published  during this period, the rights shall expire 70 years 
from  the date of the first such publication;  
 
b) if no lawful publication has taken place  during the period mentioned in letter a), and the 
phonogram is lawful ly communicat ed to the public during this period, the rights shall expire 70 
years from the date of the first such communication to the public.  
 
(3) If, 50 years after the phonogram was lawfully published or, failing  such publication, 50 
years after it  was lawful ly communicat ed to the public, the phonogram  producer does not offer 
copies of the phonogram for sale in sufficient quantity or does not make it available to the public, by 
wire or  wireless means, in such a way that members of the public may access it from a place and at a 
time individually chosen by them , the performer may terminate the contract  on assignment by which 
he has transferred  his rights in the fixation of his  performance  to a phonogram producer . The right to 
terminate the contract  on assignment may be exercised if the producer, within one year from the  
notification by the performer  of his intention to terminate the contract o n assignment, fails to  carry 
out both of the  aforementioned acts  of exploitation . This right to terminat e may not be waive d by the 
performer . 
  
38 
 (4) Where a phonogram contains the fixation of the performances of a plurality of  performer s, 
they may terminate their contracts on assignment in accordance with the law. If the contract on 
assignment is terminated pursuant to para graph  (3), the rights of the phonogram producer in the 
phonogram shall expire . 
 
(5) Where a contract gives  the performer a  right to claim a single remunerati on, he /she shall be 
have the right  to obtain  an annual supplementary remuneration from the phonogram producer for 
each full year immediately following the 50th year after the phonogram was lawful ly publi shed or, 
failing  such publication, the 50th year after it was  lawful ly communicat ed to the public. The right to 
obtain such annual supplementary remuneration may not be waive d by the performer . 
 
(6) The overall  amount to be set aside  by the phonogram producer for payment of the annual 
supplementary  remuneration referred to in para graph  (5) shall correspond to 20  % of the revenue  
which  the phonogram producer has derived,  during the year preceding that for which the said 
remuneration is paid, from the reproduction, distribution and making available of the phonogram, 
following  the 50th year after it was  lawful ly publi shed or, failing  such publication, the 50th year 
after it  was lawful ly communicat ed to the public.  
 
(7) The phonogram  producers are required  on request  to provide  to performers who are 
entitled to the payment of the annual supplementary remuneration referred to in paragraph  (5) any 
information  which may be  necessary in order to secure  payment of that remuneration.  
 
(8) The  right to annual supplementary  remuneration, in accordance with paragraph  (5), shall 
be exercised by the collective management organi zation, in accordance with the provisions of 
Article  70 paragraph  (2) letter i). 
 
(9) Where a  performer is entitled to recurring payments , neither advance payments nor any 
contractually defined d eductions shall be deducted from the payments made to the performer 
following  the 50th year after the phonogram  was lawful ly publi shed or, failing  such publication, the 
50th year after it  was lawful ly communicat ed to the public.  
 
(10) The rights of the videogram producer shall be protected for 50 years from the date of 
fixation of the videogram. However, if the videogram  was lawfully published or co mmunicated to 
the public  during this period , the rights of the videogram producer shall be protected for 50 years 
from the date of the earliest of  those actions.  
 
(11) The rights of the radio and television  broadcasting organi zation shall be protected for  50 
years after the first transmission of a broadcast by this organi zation, regardless of whether the 
broadcast is transmitted by wire or wireless, including by cable or satellite.  
 
(12) The terms  of protection provided for in this Article shall run from 1 January of the year 
following that in which the action having legal significance took place, on the basis of which the 
time limit is calculated.  
 
(13) If the term of protection of economic  rights in a subject -matter of related rights in the 
country of origin is longer than the terms  of protection provided for by this Law, the rules of this 
Law shall apply, and if this term is shorter, the rules of the law of the country of origin shall apply.  
  
39 
 (14) The conditions of protection provided for by this Law shall apply to foreign holders of 
related rights who enjoy protection under this Law, but the term of protection shall expire no later 
than the day on which the protection expires in the State in which those holders are nationals or in 
which they have their principal place of business and shall not exceed the conditions laid down in 
this Law.  
 
(15) Related rights shall, within the limits of the remaining part of the terms of protection 
provided for in para graph  (1)-(11), be transferred to the successors in title of the performer, the 
producer  of phonogram s, the producer of videograms and the radio and TV broadcasting 
organi zation.  
 
(16) Upon expiry of the term of protection of the subject -matter s of related rights, they s hall 
fall into  the public domain. The use of subject -matter s of related rights in the public domain shall be  
permitted without the consent of the holders of related rights and without payment of any 
remuneration, provided that the moral rights of the performers are respected.  
 
 
Chapter VIII   
 
DATABASES  
Article 47.  Scope and Subject -Matter of Protection  
 (1) The provisions of this Chapter concern the legal protection of databases in any  of their  
form s. 
(2) Databases which, by reason of the selection  or arrangement of the ir contents  constitute 
the author’s own intellectual creation shall be  protected as such by copyright. No other criteria shall 
be applied to determine their eligibility for that  protection.  
 
(3) The copyright  protection of databases shall not extend to their content s and shall be 
without prejudice to the rights and terms of protection subsisting in those contents themselves . 
 
(4) The protection provided for in this Chapter shall not apply to:  
 
a) fixation of a n audiovisual, cinematographic, literary or musical work;  
 
b) compilation of several fixations of musical executions on a CD;  
 
c) computer programs used in the manufacture or operation of databases accessible by 
electronic means.  
 
(5) Any contractual prov ision contrary to Article  49 paragraph  (1), para graph  (4) and (5), 
Article 51  paragraph  (2) shall be null and void.  
 
 
Article 48.  Author of Database .  
 
Restricted Acts. 
  
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 (1) The author of a database shall have the exclusive right to carry out  or to authori ze the 
following acts in relation to  the database:  
 
a) temporary  or permanent  reproduction  by any means and in any form , in whole or in part;  
 
b) translation, adaptation , arrangement and any other alteration ;  
 
c) any form of distribution of the database or of copies thereof;  
 
d) communication  to the public ;  
 
e) reproduction, distribution, communication, display or performance to the  public  of the 
results of the acts referred to in (b).  
 
(2) The first sale in the Republic of Moldova of a copy of the database by the rightholder or 
with his /her consent shall exhaust the right to control resale of that copy  within the Republic of 
Moldova.  
 
(3) The provisions of Articles 16  and 17 shall apply accordingly.  
 
(4) Any violations  of the rights referred to in paragraph  (1) shall be , where appropriate , 
sanctioned administratively or penally.   
 
(5) Rightholders shall be allowed to apply measures to ensure the security and  integrity of 
the networks and databases where the  works or other protected  subject -matter s are hosted. Such 
measures shall  not go beyond what is necessary to achieve that objective . .  
 
Article 49. Rights and Obligations of the Lawful  User 
 
(1) The performance by the lawful  user of a database or of a copy of any of  the acts referred 
to in Art icle 48 paragraph  (1) which is necessary for the purposes of access  to the contents of the 
databases and normal use  of the contents by the lawful user sh all not require  the authorisation  of the 
author of the database. To the extent to which the lawful  user is authorized  to use only part of the 
database, this paragraph  shall apply only to that part.  
 
(2) The provisions of Article  48 paragraph  (1) shall not  apply:  
 
a) in the case of  reproduction for private purposes of a non -electronic database;  
 
b) where there is use for the sole purpose of teaching or scientific research, as long as  the 
source is indicated and to the extent justified by the non -commercial purpose to be achieved ; 
 
c) where there is use for the pu rposes of public security or for the purposes of administrative 
or judicial proce dure; 
 
d) where other exceptions to copyright provided for by this Law, including in the case 
provided for in Article  58, without prejudice to points  a) to c) of this Article.  
  
41 
 (3) The provisions of para graph  (1) and (2) may not be interpreted in such a way as to allow  
their application to be used in a manner which  unreasonably prejudice s the rightholder ’s legitimate 
interests or conflicts  with normal exploitation of the database.  
 
(4) A lawful  user of a database which is made available to the public in whatever manner  
may not perform  acts which conflicts with  normal use of the database or unreasonably prejudice  the 
legitimate interests of the producer  of the database.  
 
(5) legitimate lawful  user of a database which  is made available to the public in whatever  
manner may not cause prejudice to the holder of a copyright or related right in respect of the  works 
or other protected subject -matter s contained in the database.  
 
Article 50.  The “Sui generis ” Right. Subject -Matter of Protection  
 
(1) The producer  of a database who proves that he has made qualitative ly and/or 
quantitatively a substantial investment in obtaining, verif ication  or present ation  of its content s shall 
be entitled to prohibit the extraction an d/or re -utilization  of the whole  or of a substantial part, 
evaluated qualitatively and/or quantitatively, of that database.  
 
(2) Public lending of a database is not an act of extraction or re -utilization . 
 
(3) The right referred to in paragraph  (1) may be trans ferred  by a user agreement and shall 
apply irrespective of the eligibility of that database or its contents for protection by copyright or by 
other rights. Protection of the database under  the right pr ovided for in paragraph  (1) shall be without 
prejudice  to rights existing  in respect of  its content s. 
 
(4) The r epeated and/or systematic extraction and/or re -utilization  of insubstantial parts of 
the contents of the database accompanied by acts contrary t o a lawful exploitation of that database 
or which  unreasonably prejudic e the legitimate interests of the produ cer of the database shall not be 
permitted . 
 
 
Article 51.  Exceptions to the Sui Generis  Right 
 
(1) The lawful user of a database  which  is made available to the public in whatever manner  
may, without the consent of the producer of t he database , extract and re -utilize  a substantial part of 
its contents in the following cases:  
 
a) extraction for private  purposes of the content s of a non -electronic database;  
 
b) extraction for the purposes of study or research, as long as  the source is indicated and to 
the extent justified by the non -commercial purpose to be achieved ; 
 
c) extraction and/or re -utilization  in order to ensure public security or to ensure the proper 
conduct and reflection of parliamentary, administrative or judicial procedures;  
 
d) extraction or re -utilization  in accordance with the provisions of Article  58. 
  
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 (2) The producer  of a database  which  is made available to the public in whatever manner  
shall not prevent its lawful  user from extracting and re -utilizing  insubstantial parts of its contents, 
for any purposes what soever. Where the lawful  user is authorized  to extract or re -utilize  only part o f 
the database, the provisions of this paragraph  shall apply only to that part.  
 
Article 52.  Duration of Protection  of Sui-Generis  Right 
(1) The right  of the producer of a database provided for in Article 50 shall take effect from 
the date of completion of the database. It shall cease to be effective 15 years from  1 January  of the 
year following the completion of the database.  
 
(2) If the database is made available to the public in whatever manner  before expiry of the 
period  provided for  in paragraph  (1), the term of protection by the right of the producer  of the 
database shall expire 15 years calculated from  1 January of the year following the date when the 
database was first made available to the public.  
 
(3) Any substantial change , evaluated  qualitatively or quantitatively, to the content s of a 
database , including any substantial change  resulting from the accumulation of succes sive additions, 
deletions or alterations , which denotes a substantial  new investment, evaluated  qualitatively or 
quantitatively, shall allow the grant of a term of protection specific to the database resulting from 
that investment.  
 
Article 53.  Beneficiaries of Protection under the  Sui Generis  Right 
 
Foreign citizens and commercial companies/ enterprises  formed in accordance with the 
legislation of foreign countries shall be entitled to obtain a sui generis  right in a database from  the 
Republic of Moldova . 
 
 
Chapter IX   
 
EXCEPTIONS AND LIMITATIONS TO THE EXERCISE OF COPYRIGHT AND 
RELATED RIGHTS  
Article 54.   General Application Criteria  
 
The exceptions and limitations to the exercise of copyright and related rights provided for in 
this Chapter shall apply only in certain special cases which do not contravene to the normal use of 
works or other protected  subject-matter s and do not prejudice the legitimate interests of authors or 
rightholders.  
 
 
Article 55.  Temporary acts of reproduction  
Temporary acts of reproduction , which are transi ent or incidental  and which are  an integral 
and essential part of a techn ological process and the sole purpose of which is to enable a 
transmission in a network between third parties by an intermediary , or a lawful use of a work or 
other subject -matter to be made, and which have no independent economic significance, shall be 
exempt ed from the reproduction  right.  
  
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 Article 56. Limitations to the Reproduction R ight  
 
(1) In the case of reproduction right, the following shall be  allowed  without the consent of the 
author or other holder of copyright or related rights, but with the payment of compensatory 
remuneration:  
 
a) reproductions on paper or any similar medium , effected  by the use of any kind of 
photographic technique or by some other process having similar effects, with the exception of 
scores , in accordance with Article  72; 
 
b) reproductions on any medium made by a natural person for private  use and for purposes 
that are neither  directly nor indirectly commercial, in accordance wi th Article 71; 
 
c) reproductions of broadcast s made by non -profit social institutions, such as hospitals or 
prisons, on condition  that the rightholders receive fair compensation.  
 
(2) Author’ s consent and payment of any remuneration shall  not be require d in respect of : 
 
a) specific acts of reproduction made  by public libraries, educational establishments or 
museums, or by archives, which are  not for direct or indirect  commercial or economic ad vantages;  
 
b) ephemeral  recordings of works made by radio or television  broadcasting organi zations 
through the use of their own facilities and for their own broadcasts; the preservation of  these 
recordings in official archives may, on the grounds of their exceptional documentary value, be 
permitted ;  
Article 57. Exceptions and Limitations to the Right of Reproduction, Right of Broadcasting, 
Right of Communication to the Public and Right of Making Available to the Public  
 
(1) The reproduction, broadcasting, communication to the public and making available to the 
public of the following acts shall be permitted without the consent of the author or rightho lder and 
without payment of any remuneration  in the following cases : 
 
a) use for the sole purpose of illustration for the educational process or scientific research, to 
the extent justified by the non -commercial purposes to be achieved ; 
 
b) uses, for the b enefit of persons with disabilities, which are directly related to th e disability, 
of a non -commercial nature, to the extent required by the specific disability, without prejudice to the 
obligations laid down in Article  58; 
 
c) reproduction by mass media , communication to the public or making available of published 
articles on current economic , political or religious topics  or of some radio or television  broadcast 
works or other subject -matter of the same character , in cases where such uses are not expressl y 
reserved and /or use of works or other subject -matter for broadcasting of current events, to the extent  
justified by the informatory purpose s; 
  
44 
 d) use of quotations for the purpose of criticism or review, provided that they relate to a work 
or other subject -matter which has already been lawfully made available to the public, and that their 
use is in accordance with fair practice , and to the extent justified by certain specific purposes;  
 
e) use for the purposes of public security or to ensure the prop er performance  of 
administrative, parliamentary or judicial proceedings;  
 
f) use of political speeches , as well as extracts of public lectures or similar works or other 
subject -matter to the extent justified by the informat ory purpose to be achieved ; 
 
g) use during religious celebrations  or official celebrations  organi zed by a public authority;  
 
h) use of works, such as works  of architectur e or sculpture, intended for permanent location in 
public places;  
 
i) incidental inclusion of a work or other subject -matter in another material;  
 
j) use for the purpose of the advertising the  public exhibitions or sales of works of art, to the 
extent necessary to promote the event, excluding any other commercial purposes;  
 
k) use in the case of caricatures, parodies  or pastiches;  
 
l) use in the case of demonstration or repair of equipment;  
 
m) use of an artistic work in the form of a building or a drawing or plan of a building for the 
purpose of reconstructin g that building;  
 
n) use, by communicati on or making available to the public, for the purpose of research or 
private study, by means of sp ecial terminals on the premises of institutions referred to in Article  56 
paragraph  (2) letter a) of works or other subject -matter not subject to purchase or licensing  terms 
which are contained in their collections .  
 
(2) In the  cases referred to in paragraph  (1) letter a), c), d) and f), the source and name of the 
author must be indicated, unless this proves impossible. In the case of works of graphic or plastic, 
photographic or architectural art, the location of the original mu st also be mentioned.  
 
 
Article 58.  Exceptions for the Benefit of Persons Who Are Blind, Visually Impaired, or 
Otherwise Print Disabled  
 
 (1) The reproduction, distribution, communication to the public, broadcasting, making 
available to the public, rental  and lending of a work for the benefit of persons who are blind, 
visually impaired or otherwise print disabled and of a non -commercial nature s hall be permitted, 
without the consent of the author or rightholder and without payment of any remuneration , for the 
purpose  of: 
  
45 
 a) making by a beneficiary person or a person acting on his /her behalf of an accessible 
format copy of a work or other subject -matter protected by copyright or related rights to which the 
beneficiary person has lawful access for the exclusive use of the beneficiary person;  
 
b) making by an authorized  entity of an accessible format copy of a work or other subject -
matter protected by copyright or related rights to which the beneficiary person has lawful access or 
communication to the public, making available to the public, distribution or lending  an accessible 
format copy to a beneficiary person or another authorized entity  on a non -profit basis for the 
exclusive use by a beneficiary person.  
 
(2) For the purpose of making an accessible format copy of a work or other subject -matter, 
the limitation of the right of reproduction shall also apply to:  
 
a) any act which is necessary to change , convert or adapt a work or other subject -matter in 
such a way as to produce  an accessible format copy that makes it possible  for beneficiary persons to 
access that work or subject -matter;  
 
b) providing the necessary means to navigate information in an accessible format  copy ; 
 
c) change s that may be required in cases in which the  format of a work or of other subject -
matter is already accessible to certain beneficiary persons while it might  not be accessible to other 
beneficiary persons , due to different impairments  or disabilities , or different degrees of such 
impairments or disabilities.  
 
(3) Each acces sible format copy made in accordance with paragraph  (1) shall respect the 
integrity of the work or other subject -matter, with due consideration given to the  changes required  to 
make the work or other subject -matter accessible in the alternative format.  
 
(4) The exception provided for in paragraph  (1) may not be limited or removed by contract.  
 
 
Article 59. Obligations of Authorized  Entities  
 
(1) An authorized  entity referred to in Article 58  paragraph  (1) letter b) shall have the 
following obligations:  
 
a) to distribute, communicate and make available accessible format copies only to 
beneficiary persons or other authorized  entities;  
 
b) to discourage the un authorized  reproduction, distribution, communication to the public or 
making accessible  to the public of accessible format  copies;  
 
c) to ensure  and respect  the integrity of works and other subject -matter of protection  and of 
accessible format  copies  thereof , and to maintain  records of such operations;  
 
d) to publish and update, on its website or through other online or offline channels, 
information on how it complies with its obligations laid down in  letter (a) to (c);  
  
46 
 e) to comply with the legal provisions regarding the processing of personal data of 
benefic iary persons.  
 
(2) An authorized  entity shall provide  the following information  in an accessible way, on 
request,  to beneficiary persons, other authorized  entities or rightholders:  
  
a) the list of works or other subject -matter of protection for which it has accessible format 
copies, specifying the available formats;  
  
b) the name and contact details of the authorized  entities with which it has engaged in the 
exchange  of accessible for mat copies  . 
  
(3) In order to exercise the task referred to in Article  4 paragraph  (1) letter o), the authorized  
entities shall communicate to AGEPI, 5 working days before carrying out the activity referred to in 
Article  58 paragraph  (1) letter b), their name s and contact details.  
 
Chapter X  
 
TECHNICAL PROTECTION MEASURES AND  
RIGHTS  MANAGEMENT INFORMATION   
 
Article 60. Obligations as to Technical Measures  
 
(1) Authors, performers, producers of phonograms or audiovisual recordings, radio or 
television  broadcasting organi zations and database producer s shall have the right to establish 
technical measures for the protection of the rights recogni zed by this Law.  
 
(2) Technical measures shall be deemed  effective where the use of a protected work or other 
subject -matter is controlled by rightholders through  application of an access code or protecti on 
process, such as encryption, scrambling  or other transformation of the work or other subject -matter 
or a copy control mechanism , which  achieves the protection  objective.  
 
(3) Notwithstanding  the legal protection provided for in para graph  (1) of this Article, in the 
absence of voluntary measures taken by rightholders, including agreements between rightholders 
and other parties involved, rightholders shall be required to make available to the beneficiaries of 
the exceptions and limitations specified in Article  56 paragraph  (2) letter a) and b), Article  57 
paragraph  (1) letter a), b) and e) and Article  58 the means of benefit ing from the said exceptions and 
limitations, to the extent necessary to benefit from th at exception or limitation in cases where the 
beneficiary has legal  access to the protected work or subject matter concerned.  
 
(4) The provisions of para graph  (3) shall not apply to protected works or other subject -matter s 
made available to the public on the  basis of contractual terms.  
 
(5) The t echnical measures applied voluntarily by rightholders, including those applied in 
implement ation  of voluntary agreements and the technical measures applied in implement ation  of 
the measures adopted by the Republic of  Moldova shall enjoy the legal protection provided for in 
paragraph  (1). 
  
47 
 (6) The provisions of this Article shall not apply to technical protection measures used in 
connection with computer programs.  
 
Article 61. Obligations Concerning  Rights Management Information   
 
(1) The following acts carried out knowingly  and without the necessary permission shall be 
prohibited:  
 
a) the removal or alteration  of any rights  management inform ation in electronic format;  
 
b) the distribution, import ation  for th e purpose of distribution, broadcasting, communication to 
the public or making available to the public of works or other subject -matter protected under this 
Law, from which rights  management information in electronic format has been removed or altered  
without permission, if the person knows , or has reasonable grounds to know , that by doing so he is  
inducing , enabling , facilitat ing or conceal ing an infringement  of a copyright or any other related 
rights as provided by law , or of the sui generis  right provided for in Article 50. 
 
(2) The provision of relating to the rights  management information of shall apply when any of 
these items  of information is associated with a copy of, or appear s in connection with the 
communication to the public of a wo rk or other subject -matter provided for by this Law.  
 
Chapter XI  
 
USE OF PROTECTED CONTENT BY ONLINE CONTENT -SHARING SERVICE 
PROVIDERS  
 
Article 62.  Online Content -Sharing Service Provider  
 
(1) An online content -sharing service provider shall perform an act of communication to the 
public, or an act of making available to the public , when he gives  the public  access to protected 
works or other subject -matter s uploaded by its users.  
 
(2) The acts of commun ication to the public and of making available to the public  of the 
content s provided for in para graph  (1) shall also include the reproductions necessary to perform 
these acts, so that the online content -sharing service provider  does not have to obtain a user 
agreement or to enter into a license contract  for these reproductions.  
 
(3) An online content -sharing service provider shall obtain, in accordance with Article  31 or 
Article  32, an authorization  from the authors, performers, producers of phonograms and videograms, 
as well as  radio and television  broadcasting organization s or conclude a license contract  in order to 
communicate to the public or make available to the public  the protected  works or other subject -
matter s. Taken into account  the principle of contractual freedom, authors and rightholders shall  not 
be obliged to authorize  online content -sharing service providers  by a n authorization  or license 
contract . 
 
(4) The authorization  or license contract provided for in para graph  (3) shall also cover acts of 
communication  to the public or making available to the public carried out  by users of the online  
48 
 content sharing services when they are not act ing in the exercise  of a commercial activity or where 
their activity does not generate signifi cant revenues  with respect  to the relevant acts that are the 
subject of the authorization  or license contract  granted to the online service provider. There should 
be no presumption  in favor  of online content -sharing service  provider s that their users have obtained 
all relevant  rights.  
 
(5) Where an online content -sharing service provider performs  an act of communication to 
the public or an act of making available to the public under the conditions laid down in this Law, the 
limitation of liability provided for in Article  17 paragraph  (1) of Law No . 284/2004 on Electronic 
Commerce shall not apply.  
 
(6) The provisions of para graph  (5) of this article shall  not affect the provisions of Article 17 
paragraph  (1) of Law No. 284/2004 on Electronic Commerce, which continues to apply to services 
that have a technical, automatic and passive character and that ar e outside the scope of this law.  
 
(7) The mechanism of exemption from liability provided for in Article  17 paragraph  (1) of 
Law No . 284/2004 and that provided for in Article  63 of this Law shall not apply to service 
providers whose main purpose or one of the main purposes is to engage or facilitate piracy in the 
field of copyright and related rights.  
 
 
Article 63.  Liability for Unauthorized  Acts 
  
(1) If no authori zation is granted under the conditions of Article  31 or Article  32, online content -
sharing service providers shall be liable for un authorized  acts of communication to the public, 
including making available to the public, of  copyright -protected  works or other subject -matter.  
  
(2) The l iability referred to in para graph  (1) shall not be engag ed where  the service providers 
demonstrate the cumulative fulfilment of the following conditions:  
 
a) made best efforts to obtain an authori zation;  
 
b) made best efforts to ensure the unavailability of protected works and other subject -matter 
for which the rightholders have  provided relevant and necessary information  in advance ;   
 
c) acted expeditiously, upon recei ving a sufficiently substantiated  notice  from the 
rightholders or their representatives, to disable  access to , or to remove from their official websites, 
the notified  protected  works or other subject -matter , and made best efforts to prevent their future 
uploads in accordance with letter (b). 
 
(3) In the case of providers who have made their services available to the public (from the 
Republic of Moldova) for less than three years, the liability regime provided for in this Article shall 
not be engaged  where  they demonstrate the cumulative fulfilm ent of the following conditions:  
 
a) made best efforts to obtain a n authorization ; 
 
b) acted expeditiously , upon recei ving a sufficiently substantiated  notice , to disable  access to 
protected works and other subject -matter or to remove them from their website s.  
49 
  
(4) In the case of service providers referred to in para graph  (3), where  the average number of 
monthly unique  visitors exceed s 5 million , calculated  on the basis of the previous calenda r year, the 
liability provided for in this Article shall not be incurred where  they demonstrate, in addition to 
fulfilling the conditions set out in para graph  (3), that they undertook actions to prevent further 
uploads of the notified protected works and other subject -matter for which the rightholders have 
provided relevant and necessary information.  
 
(5) The liability referred to in para graph  (2) to (4) shall be without prejudice to the remedies 
provided for in cases other than those relating to  liability for copyright violation  and to the 
possibility of courts or public authorities to issue judicial and , respectively,  administrative acts.  
 
Article 64. Obligations for Results of Online Content -Sharing Service Providers  
 
(1) In determin ing whether  online content -sharing service providers have complied with the ir 
obligations laid down in Article  63 paragraph  (2) and in the light of the principle of proportionality, 
the following elements  shall be taken into account:  
 
a) the type, the audience and the size of the service and the category of protected works or 
other subject matter uploaded by the users of the service;  
 
b) the availability of suitable  and effective  means and their costs for service providers.  
 
(2) The assessment of whether service providers made efforts to obtain an authorization  in 
accordance with Article  63 paragraph  (2) letter a), paragraph  (3) letter a) and paragraph  (4) must be 
carried out on a case -by-case basis, taking into account the principle of proportionality and elements  
such as:  
 
a) market -specific practices in different sectors;  
 
b) calling on collective management organi zations and negotiating in good faith , in 
accordance with the provisions of Article  99 para graph  (2), specifying the criteria that the service 
providers use to identify and remunerate the licensed content;  
 
c) consultation of national registers and other specific national records, administered  by 
AGEPI, in accordance with data protection rules.  
 
(3) The assessment of whether service providers have made efforts to ensure the 
unavailability of  protected  works an d other subject -matter, in accordance with Article  63 paragraph  
(2) letter b) and paragraph  (4) and to prevent future uploads thereof, in accordance with Article 63 
paragraph (2) letter c) and paragraph  (4) shall be carried out on a case-by-case basis, taking into 
account the principle of proportionality and the practices used to ensure the unavailability of 
unauthorized  content.  
 
(4) Without prejudice to their own business secrets, online content -sharing service providers 
shall  provi de rightholders , on request, with adequate and specific information on:  
  
50 
 a) the functioning of the practices used to ensure the unavailability of the unauthorized  
content. Such information may include a description of the type of technologies used to recog nize 
content such as digital fingerprinting, hashing, watermarking, use of metadata, keyword search or a 
combination of different technologies, information on the providers of such technologies (internal 
solutions developed by providers or third -party  services), the average level of efficiency and any 
updates or changes to those tools;  
 
b) the use of content covered by the  authori zations that rightholders  have granted to service 
providers . Such  information should include revenues generated by service providers and usage data, 
without being detailed and individuali zed for each individual work or other subject -matter. In the 
case of the conclusion of a licens e contract  with the collective management organi zations, online 
content -sharing service p roviders shall comply with the reporting in accordance with Article  99 
paragraph  (5) letter a). 
  
(5) Notices  of rightholders or their representatives, sent on the basis of Article  63 paragraph  
(2) letter c), para graph  (3) letter b), shall:  
 
a) be precise and duly substantiated in such a way as to enable service providers to take an 
informed decision and with all due diligence as to the content to which the notic e relates, in 
particular whether or not such content is to be regarded as illegal con tent; 
 
b) to explain the reasons why the author of the notice considers the content to be illegal;  
 
c) to clearly indicate where the  respective  content is located.  
 
(6) The obligation  of cooperat ion provided for  in Article  63 paragraph  (2) letter b) and c) 
does not constitute a general obligation of supervision and does not lead to  the identification of 
individual users nor to the  processing of personal data.  
  
 Article 65.  Cooperation between Online  Content -Sharing  Service Providers and 
Rightholders  
 
(1) The c ooperation between online content -sharing  service providers and rightholders shall 
not result in  the prevention of the availability of  protected works  or other subject -matter uploaded by 
users , which do not infringe  copyright and related rights, including where such protected works or 
other subject -matter are covered by  an exception or limitation.  
 
(2) Legitimate uses, which do not infringe  the copyrigh t or related rights, within the meaning 
of paragraph (1), may include:  
 
a) uses permitted under Article 57 let ter h) and i);  
 
b) uses of persons having rights in the content they upload or uses covered by  the 
authori zation pursuant to Article  62 para graph  (3);  
 
c) protected works and other subject -matter belonging to the public domain;  
  
51 
 d) uses of content where originality or any other requirement relating to the protection is not 
respected . 
 
(3) W hen uploading and making available content generated by online content -sharing 
services, users may rely on any of the following exceptions or limitations:  
 
a) quotations, critic isms, reviews;  
 
b) use for the purpose of caricature, parody or pastiche.  
 
(4) Online content -sharing service providers shall be required to inform their users in their  
terms and conditions that they can use protected works and other subject -matter under  the 
exceptions or limitations provided for in para graph  (2) letter a) and pa ragraph  (3). 
 
(5) Where online content -sharing service providers use content recognition technologies, in 
order to establish the uses that may fall under the exceptions and limitations provided for in 
paragraph  (2) and (3), criteria  shall be taken into consideration such as:  
 
a) length or size of the identified content used for uploading;  
 
b) proportion of the corresponding content identified in relation to the entire uploaded 
material;  
 
c) degree of change  of the work.  
 
(6) The criteria referred to in  paragraph  (5) shall be applied taking into account the type of 
content uploaded, the business model and the risk of generating significant economic damages  for 
the rightholders.  
 
(7) Users may address to the competent courts to invoke the use of an except ion or limitation 
to copyright and related rights.  
 
 Article 66.  Resolution  of Complaints  
 
(1) Online content -sharing service providers shall be obliged to establish an effective and 
expeditious  complaint  resolution  mechanism that is available to users in the event of disputes 
concerning disabling  of access to or removal of  protected  works or subject -matter uploaded by them 
from online content -sharing services.  
 
(2) Rightholders’ requests with the object of  disabl ing access to their protected works or 
other subject -matter or remov ing them from online content -sharing services shall be additionally 
reasoned in relation to the content of the notices provided f or in Article 64 para graph  (5).  
 
(3) Complaints referred to in  paragraph  (1) shall be processed without undue delay and 
resolved through a free and easy -to-use mechanism, such as  the development of online forms that 
are easy to fill in and submit.  
  
52 
 (4) Decisions to disable  access or remove  the uploaded content shall be subject to review to 
determine whether or not the use is lawful  and whether or not the  protected  works or other subject -
matter should or should not be restored.  
 
(5) Disputes concerning disabling  access to  protected  works or subj ect-matter or those 
concerning their removal from online content -sharing services may be subject to mediation or 
settlement in  court s, under the conditions of common law .  
 
Chapter XII   
MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS  
 
Article 67. General Provisions  
 
(1) Authors and holders of copyright and related rights may exercise their economic rights 
individually (individual management) or through collective management organi zations (collective 
management) under the terms of this Law.  
 
(2) The exercise  of economic rights on an individual basis gives the rightholder the 
opportunity to revert to speciali zed intermediaries, natural or legal persons, in order to be 
represented.  
 
(3) Management of copyright and related rights involves granting of licenses  to users, 
monitoring the use of rights, enforcement of copyright and related rights, collection of rights 
revenue derived from exploitation of rights, distribution and payment of the amounts due to 
rightholders.  
 
(4) Collective management may be carried out only for works previously disclosed  to the 
public, and collective management of related rights may only be carried out for previously fixed or 
broadcasted performances, as well as for phonograms or videograms previously disclosed  to the 
public.  
 
(5) Author s and holders of copyright and related rights may not assign the economic rights 
recogni zed by this Law to collective management organi zations.  
 
Article 68.  Rights of the Author or Holder of Copyright or Related Rights  
 
(1) The author or holder of copyright or related rights shall have the following rights set out in 
the statute of the collective management organi zation:  
 
a) to authori ze a collective management organi zation of his/her choice to manage his/her 
rights, categories of rights or types of protected works and other subject -matter, irrespective of the 
nationality, residence or domicile of rightholders. Unless the collective management organi zation 
has objectively justified reasons to  refus e management, it shall be obliged to manage such rights, 
categories of rights or types of works and other subject -matter, provided that their management falls 
within the scope  of its activity;  
  
53 
 b) to authori ze non -commercial uses of any rights, categ ories of rights or types of protected 
works and other subject -matter by user agreement ;  
 
c) to terminate the authori zation of the collective management organi zation to manage rights, 
categories of rights or types of works and other subject -matter or to withdraw any rights, categories 
of rights or types of works and other subject -matter  of its choice, , with reasonable notice not 
exceeding 6 months. The collective management organi zation may decide that such termination  or 
withdrawal shall take effect only a t the end of the financial year;  
d) to receive the remuneration payable to him/her for the use of his/her creations which 
occu rred before the termination  or withdrawal of the authori zation for the collective management 
organi zation took effect under the co nditions referred to in let ter c). 
 
(2) A collective management organi zation shall not restrict the exercise of rights provided for 
in para graph  (1) let ter c) and d) by requiring, as a condition for the exercise of those rights, that the 
management of rights, categories of rights or types of protected works and other subject -matter 
which are subject to the termination  or the withdrawal be entrusted to anothe r collective 
management organi zation.  
 
(3) When authori zing a collective management organi zation to manage his/her rights, the 
author or rightholder shall give his/her written consent for each right, category of rights or type of 
protected works and other subject -matter.  
 
(4) A collective management organi zation shall inform the author or rightholders of their 
rights under  paragraph  (1) to (3) , as well as  of any conditions attached to the right set out  in 
paragraph  (1) let ter b), before obtaining their con sent to its managing any right, category of rights or 
type of works and other protected subject -matter.  
 
Article 69.  Rights of the Author or Holder of Copyright Who Is Not a Member of the 
Collective Management Organization  
 
The author or rightholder who is not a member of a collective management organi zation but 
who has a direct legal relationship with it, by law or by way of other contractual arrangement, shall 
have the following rights:  
 
a) to communicate with the collective management o rgani zation by any means, including 
electronic means, for the purpose of exercising the rights from the use of which they are entitled to 
receive remuneration;  
 
b) to be informed, on request, about the works, types of protected works or other subject -
matte r, the rights they manage directly or through representation agreements and the territories 
covered;  
 
c) to be informed of the main conditions of representation agreements between collective 
management organi zations, including their duration and the cost of the services provided;  
 
d) to receive, in writing and in reasoned way, a reply to the complaints, in particular as 
regards the management of rights and the termination  or withdrawal of rights, membership  
54 
 requirements, collection of due amounts, distribu tion and payment of remuneration, deductions 
applied, in accordance with the procedures established by the collective management organi zation.  
 
Section 1   
Mandatory Collective Management  
 
Article 70. Subject -Matter of Management  
 
(1) Mandatory collective m anagement involves the management of copyright and related 
rights only through the collective management organi zation designated as collector, pursuant to 
Article 103.  
 
(2) The following rights shall be  mandatory collectively managed:  
 
a) right to compensatory remuneration for private copying, in accordance with the provisions 
of Article 71;  
 
b) right to compensatory remuneration for reprographic reproduction, in accordance with the 
provisions of Article 72;  
 
c) right of performers and producers  of phonogram s to a single equitable remuneration for 
radio broadcasting and communication to the public of phonograms published for commercial 
purposes, in accordance with the provisions of Article 73;  
 
d) right of per formers to equitable remuneration for radio broadcasting and communication to 
the public of audiovisual fixed performances;  
 
e) right to retransmission  by cable , in accordance with the provisions of Article 74;  
 
f) right to retransmission, according to Art icle 75;  
 
g) right of resale, in accordance with provisions of Article 76;  
 
h) right to equitable remuneration for public lending, in accordance with the provisions of 
Article 77;  
i) right of performers  to annual supplementary remuneration, in accordance w ith Article 46 
paragraph  (5). 
 
(3) For the categories of rights referred to in para graph  (2), collective management 
organi zations shall also represent the rightholders who have not given them a mandate, the 
repertoire being deemed to be extended.  
 
Article 71. Compensatory Remuneration for the Private Copy 
(1) The compensatory remuneration for the private copy shall be fixed both for the 
compensation of authors and other rightholders, as well as for performers and producers of 
audiovisual works, videograms a nd phonograms, whose works, performances, audiovisual works,  
55 
 videograms and phonograms may be reproduced on any equipment  and physical media by a natural 
person solely for personal use, without seeking any direct or indirect commercial advantage.  
 
(2) The beneficiaries  cannot waive the right to compensatory remuneration for the private 
copy . . 
 
(3) The compensatory remuneration referred to in para graph  (1) shall be paid by natural and 
legal persons who import or manufacture the equipment  and physical media which may be used to 
make such reproductions.  
 
(4) The list of equipment  and physical media for which compensatory remuneration for private 
copy is paid, identified in accordance with the Combined Nomenclature of Goods, approved by Law 
No. 172/2014, is set out in the Annex to this Law.  
 
(5) The compensatory remuneration  for private copy  shall be equal to 0,3% for the equipment  
and physical media , calculated from:  
 
a) the statistical value of imported equipment  and physical media - for import ers;  
 
b) the production price of equipment  and physical media , excluding value added tax - for 
manufacturers.  
 
(6) Compensatory remuneration shall not be paid in respect of the equipment  and physical 
media referred to in para graph  (4), if they:  
 
a) are imported by a natural person exclusively for personal use within the limits laid down by 
customs legislation;  
 
b) are placed under a suspensive customs procedure;  
 
c) have a professional purpose and cannot be used in household conditions.  
 
(7) The subjects referred to in para graph  (3) shall pay the compensatory remuneration to the 
collective management organi zation designated with the right to collect the compensatory 
remuneration.  
 
(8) Within 15 days of the end of each quarter:  
 
a) Customs Service communicates to AGEPI the list of importers of equipment and physi cal 
media referred to in para graph  (4) imported in the previous quarter, indicating for each importer the 
identification data (name and IDNO) and the statistical value.  
 
b) manufacturers shall communicate to AGEPI on the basis of a self -declaration the data on 
the equipment and physical media put up for sale in the previous quarter, with an indication of their 
production price.  
  
56 
 (9) Within 15 days of receipt of the data r eferred to in para graph  (8) let ter a) to b), AGEPI 
shall transmit them to the collective management organi zation designated with the right to collect 
the compensatory remuneration.  
 
(10) The collective management organi zation designated with the right to c ollect the 
compensatory remuneration shall collect the compensatory remuneration for all authors, holders  of 
copyright and holders  of related rights, shall distribute it and pay it in accordance with the 
conditions laid down in the methodology developed pu rsuant to the provisions of Articles 99 to 101.  
  
(11) Importers and manufacturers of equipment and physical media which may be used for 
private cop ies and the collective management organi zation designated with the right to collect 
compensatory remuneration shall be administratively liable for non -performance or improper 
performance of its obligations relating to the payment and distribution of compensatory 
remuneration.  
 
Article 72. Compensatory Remuneration for Reprography  
 
(1) The compensatory  remuneration for reprography is due for the equipment and physical 
media designed for making copies and on which reproductions of written or graphically expressed 
works can be made, regardless of whether the process used is analogue or digital.  
 
(2) The c ompensatory remuneration referred to in para graph  (1) shall be fixed both for the 
compensatory remuneration of authors and publishers, whose works and publications may be 
presumed to have been reproduced in the manner provided for in para graph  (1). 
 
(3) Th e compensatory remuneration referred to in para graph  (1) shall be paid by:  
 
a) natural and legal persons who import or manufacture the equipment used for reprography;  
 
b) copy ing centers using the equipment referred to in para graph (1).  
 
(4) The list of equipment and physical medi a for which compensatory remuneration is paid, 
identified in accordance with the Combined Nomenclature of Goods, approved by Law No. 
172/2014, shall be approved by the Government.  
 
(5) The compensatory remunerati on for reprography shall be equal to 1%, calculated from:  
 
a) the statistical value of equipment – for importers;  
 
b) the production price of equipment, excluding value added tax – for manufacturers;  
 
c) the price per page of the copies made – for the subjects referred to in para graph  (3) let ter b). 
 
(6) The provisions of Article 71 para graph  (2) and para graph  (6) to (11) shall apply mutatis 
mutandis , including for users of reprographic equipment specified in para graph  (3) let ter b) of this 
Article.  
  
57 
 Article 73.  Right of Performers and Producers of Phonograms to a Single Equitable 
Remuneration for Broadcasting and Communication to the Public of Phonograms Published for 
Commercial Purposes  
 
(1) Performers and p roducers of phonograms shall be entitled to a single equitable 
remuneration for the direct or indirect use of phonograms published for commercial purposes or 
reproductions thereof by broadcasting or by any means of communication to the public,.  
 
(2) The amount of the single equitable remuneration sh all be determined by methodologies, in 
accordance with the procedure laid down in Articles 99 to 101.  
 
(3) The right to a single equitable remuneration referred to in para graph  (1) shall be exercised 
through a collective management organi zation. The collection of remuneration shall be carried out 
in accordance with the conditions laid down in Article 103.  
 
(4) In determin ing the amount of remuneration and establish ing other cond itions for the 
payment of equitable remuneration for the actions specified in para graph  (1), the beneficiary 
collective management organi zations shall conclude an agreement, which shall be submitted to 
AGEPI. If they do not submit their agreement to AGEPI within 30 days from the date of entry into 
force of the methodologies referred to in para graph  (2), the remuneration shall be divided equally 
between the two categories of beneficiaries.  
 
Article 74. Cable Retransmission Right  
 
(1) Authors and holders of copyright and related rights shall exercise their right of cable 
retransmission exclusively through a collective management organi zation.  
  
(2) Where an author or rightholder has not entrusted the management of his/her rights to a 
collective ma nagement organi zation, the organi zation which manag es rights of the same category 
shall be deemed to be mandated  to manage his/her rights. Where  more than one collective 
management organi zation exists in the same area, the rightholder shall be free to  choo se between 
them. The claim of rights by this rightholder can be made within a period of 3 years from the date of 
notification.  
 
(3) The amount of the remuneration relating to copyright and related rights shall be 
determined within a single methodology, est ablished in accordance with the provisions of Articles 
99 to 101.  
 
(4) The Parties referred to in Article 100 shall commit to conduct in good faith negotiations on 
the authori zation of cable retransmission and shall not impede or obstruct their pursuit wit hout due 
justification.  
 
(5) In the event of failure to conclude a protocol on the methodology, in accordance with the 
provisions of Article 101, either Party may appeal to the Mediation Board  established by AGEPI, 
before initiating another out -of-court se ttlement of the dispute or before appealing to the court.  
 
(6) The provisions of para graph  (1) shall not apply to rights exercised by radio or television  
broadcasting organi zations in respect of their own broadcasts and programme services, irrespective  
58 
 of whether the rights concerned belong to them or have been assigned to them by other holders of 
copyright or related rights. In this case, the exercise of the right of cable re transmission by a radio or 
television  broadcasting organi zation shall be carried out by means of contract concluded with the 
operator of the cable network.  
  
(7) where  the radio or televis ion broadcasting organi zation and a cable operator fail to 
conclude the contract referred to in para graph  (6), either party may request mediation.  
 
(8) Mediators may submit proposals to the parties concerned. It shall be assumed that  all the 
parties  accept the mediator’s proposal if none  of them expresses its opposition  within a period of 3 
months from the notice. Notice of the proposal and of any opposition thereto shall be served on  the 
parties concerned in accordance with the applicable rules concerning  the notification of legal 
documents . 
 
(9) Mediators shall be so selected that their independence and impartiality are beyond 
reasonab le doubt . The mediation procedure referred to in para graph  (7) shall be conducted in 
accordance with the Regulation approved by the Government.  
 
Article 75. Right of Retransmission of Radio and Television Programmes  
 
(1) Acts of retransmission of programmes must be authorized  by the authors and rightholders 
owning the exclusive right of communication to the public. Authors and holders of copyright or 
related rights may exercise their rights to authori ze or prohibit a cable retransmission only through a 
collective management organi zation.  
 
(2) Where  some authors or rightholders have not entrusted the management of their rights to a 
collective management organi zation, the organi zation which manag es rights of the same category 
shall be automatically deemed  to be the manager of their rights. Where  more than one collective 
management organi zation exists in the same area, the rightholder shall be free to  choose betwe en 
them.  
 
(3) An author or holder shall have the same rights and obligations result ing from an agreement 
between an operator of a retransmission service and a collective management organi zation or 
organi zations that act pursuant to  paragraph  (2), as right holders who have mandated that collective 
management organi zation or organi zations. Claims of rights by these rightholders may be made 
within a period of 3 years from the date of the retransmission.  
 
(4) The provisions of para graph  (1) to (3) shall not app ly to the rights of retransmission 
exercised by a radio or television  broadcasting organi zation in respect of its own transmissions, 
irrespective of whether the rights concerned are its own  or have been transferred to it by other 
rightholders. In this case, the exercise of the right of cable retransmission by a radio or television  
broadcasting organi zation shall be carried out by means of contract concluded with the operator of 
the retransmi ssion services.  
 
(5) Negotiations between radio and television  broadcasting organi zations and operators of 
retransmission services on the authori zation for retransmission shall be conducted in good faith.  
 
(6) The Parties may appeal to the Mediation Board  where:   
59 
  
a) no protocol on negotiated methodologies is concluded between the collective management 
organi zations and the operators of retransmission services , in accordance with the provisions of 
Article 101;   
 
b) no contract regarding authori zation for retransmission of broadcasts is concluded between 
the radio or television  broadcasting organi zation and the operator of a retransmission service .  
 
(7) In determining the reasonable conditions for granting authori zation for retransmission and 
setting the r emuneration, account shall be taken of the economic value of the use of the rights 
concerned, including the value allocated to the means of retransmission.  
 
Article 76. Resale  Right  
 
(1) The author of an original work of art shall have the right to receive a share of the net 
selling price obtained for any resale of the work , subsequent to  the first transfer  the work by the 
author ( resale  right ), as well as the right to be informed on the location of his/her work.  
 
(2) The resale right is an inalienable right, which cannot be waived , even in advance. This 
right shall be transferred by inheritance, in accordance with civil law, being protected in accordance 
with the term laid down in Art icle 12 para graph  (1). 
 
(3) The resale right shall apply to all acts of resale of an original work of art, involving as 
sellers, buyers or intermediaries, dealers in works of art, including auction organi zers, salesrooms, 
art galleries, shops, etc.  
 
(4) Th e payment term and other conditions for the management of the resale  right shall be 
regulated in the methodology developed in accordance with the provisions of Articles 99 to 101.  
 
(5) Where the resale of the original has been carried out by means of a public auction, an art 
gallery or any other art dealer, the organi zer of the public auction, the owner of the art gallery or the 
art dealer together with the seller shall be liable for payment of the amount due under the resale  right 
. 
 
(6) For the purpose s of this Article, original works of art mean works of plastic or graphic art 
(pictures , collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestr ies, 
ceramics, glassware and photographs) , provided they are made  by the artist hims elf or are copies 
considered to be original works of art. Copies of original works of art which have been made  in a 
limited number by the author himself or with his consent  (usually numbered, signed or otherwise 
authenticated by him) shall be considered to be original works of art.  
 
(7) The resale right does not apply to works of applied art and works of architecture.  
 
(8) The amount due under para graph  (1) shall be calculated according to the following rates, 
without exceeding the equivalent o f EUR 12 500:  
 
a) 5 % for the portion of the sale price up to the equivalent of EUR 3  000 inclusive;  
  
60 
 b) 4 % for the portion of the sale price from the equivalent of EUR 3001 to the equivalent of 
EUR 50  000 inclusive;  
 
c) 3 % for the portion of the sale pr ice from the equivalent of EUR 50  000,01 to the equivalent 
of EUR 200  000 inclusive;  
 
d) 1 % for the portion of the sale price from the equivalent of EUR 200  000,01 to the 
equivalent of EUR 350  000 inclusive;  
 
e) 0.5  % for the portion of the sale price fro m the equivalent of EUR 350  000,01 to the 
equivalent of EUR 500  000 inclusive;  
 
f) 0.25  % for the amount exceeding the equivalent of EUR 500  000. 
 
(9) The provisions of para graph  (8) shall not apply where  the sale is less than the equivalent of 
EUR 100.  
 
(10) The resale  right referred to in para graph  (1) may only be exercised through a collective 
management organization  for economic rights.  
 
(11) Within a period of 3 years from the date of resale, the holder of the resale right or the 
collective management organization  representing his/her interests shall have the right to require 
from  any person referred to in para graph  (3) to furnish  any information that may be necessary to in 
order to secure payment of the amounts due for resale. The information obtained may not be used 
for any purpose other  than for collective management of rights.  
 
(12) The seller shall communicate to the author and to the collective management organization  
the information referred to in para graph  (1), within two months from the date of sale, responsible for 
deduction of percentages or portion of the sale price, without adding other taxes.  
 
(13) The owner of the original work of art cannot restrict the author of the disposed work from 
performing the reproduction of the work and its display in a personal exhibition.  
 
(14)  Foreign natural or legal persons shall benefit from equal treatment with that of citizens of 
the Republic of Moldova in respect of resale right, provided that they als o benefit from similar 
treatment in the respective states.  
 
Article 77. Right to Equitable Remuneration for Public Lending  
 
(1) No authorization shall be required from the author or the copyright holder for lending by 
libraries, but it entitles him/her to an equitable remuneration. This right cannot  be waived.  
 
(2) The equitable remuneration provided for in para graph  (1) shall  not be due where  the 
lending is made through libraries in educational institutions, defined in accordance with Law No. 
160/2017 on Libraries.   
 
(3) The amount of the remuneration shall be determined by Government Decision, and their 
collection shall be carried out in accordance with the provisions of Articles 103 and 104.   
61 
 Section 2  
 
Extended Collective Management  
Article 78. Subject -Matter of Management  
 
(1) Extended collective management involves extending the effects of a license granted to 
users by a representative collective management organization , as provided for in para graph  (6) on 
behalf of those rightholders who are its members, or who otherwise entrusted it with the 
management o f their rights, also to those rightholders who are neither its members, nor have 
entrusted it otherwise with the management of their rights . 
 
(2) Rightholders may withdraw their works or other sub ject-matter from the system referred to 
in para graph  (1), by a notice to the collective management organization , within the time limits laid 
down in Article 68 para graph  (1) let ter c).  
 
(3) The following rights shall be subject to extended collective mana gement:  
 
a) right of communication to the public of musical, literary, scientific and graphic or plastic 
works, as well as videograms, with the exception of communication to the public in cinemas;  
 
b) right of broadcast ing musical, literary, scientific and graphic or plastic works;  
 
c) right of communication to the public via satellite.  
 
(4) The mechanism of granting collective licenses with extended effect shall apply only to the 
rights provided for  in para graph  (3) and sh all be without prejudice to the provisions of Article 70.  
 
(5) The provisions of the license granted under para graph  (4) by the representative collective 
management organization , in accordance with the mandates received from its own members, for the 
use of their repertoire, shall also apply to rightholders who have not given a mandate or have not 
authorized  that collective management organization , subject to compliance with the f ollowing 
guarantees:  
 
a) the collective management organization , on the basis of its mandates, is representative for 
the rightholders, the relevant category of protected works or other subject -matter and the rights 
which are the subject of a license for th e territory of the Republic of Moldova;  
 
b) all rightholders shall be guaranteed equal treatment, including as regards the conditions of 
the license;  
 
c) rightholders who have not mandated the licensing organization  may, at any time and 
effectively, exclud e their works or other subject -matter from the licensing mechanism established in 
accordance with this Article;  
 
d) appropriate advertising measures shall be undertaken, as from a reasonable period of time 
before the works or other subject -matter are to be  used under the license, to inform rightholders of 
the possibility that the  the collective management organization  may grant licenses for works or other 
subject -matter, when granting  licenses in accordance with this Article, and the possibilities of the  
62 
 rightholders referred to in let ter c). Advertising measures must be effective without the need to 
inform each rightholder individually.  
 
(6) Within 30 days of receipt of the notice provided for  in para graph  (2), the collective 
management organization  shall i nform users of the exclusion of those works and subject -matter 
from the managed repertoire, issues new licen ses from which those works and subject -matter are 
excluded and updates the ongoing licen ses by the end of the 30 -day period. The exclusion shall not 
affect the remuneration due to authors and rightholders for uses made under licen ses concluded by 
the collective management organization s prior to receipt of the notice. 
 
(7) At least 30 days before the works or other subject -matter are used under the licen se, 
collective management organization s shall publish on their official website information on the 
licensing and possibilities of rightholders referred to in para graph 5 letter c). 
 
(8) In cases where rightholders do not comply with the noti fication procedure or collective 
management organization s do not comply with the advertising  measures, the uses are validly made.  
 
(9) The provisions of Article 69 shall apply to the licensing mechanism provided for in 
paragraph  (4) and (5).  
 
(10) The desi gnation of the collective management organization  to manage the rights provided 
for to in para graph  (3) of this Article shall be made by decision of the Director  General of AGEPI, 
in accordance with Article 103.  
 
Article 79. Communication to the Public by Satellite  
(1) Radio and television  broadcasting organization s, which have as their subject of activity the 
communication to the public of some programmes by satellite, must carry out their activities in 
compliance with copyri ght and related rights protected by this Law.  
 
(2) Where broadcast and programme -carrying signals are broadcasted in a codified format, 
their introduction into  a communication chain shall be considered as communication to the public, if 
the device for deco ding the broadcast is made available to the public by the respective organization  
or with its consent.  
 
(3) The responsibility of communication to the public if the carrying signals are transmitted by 
an organization  located outside the Republic of Moldova and which does not ensure the level of 
protection provided for by this Law, shall be ensured as follows:  
 
a) if the signals are transmitted to the satellite from  an uplink station, the responsibility shall 
rest with the person who, located on the territory of the Republic of Moldova, uses the station;  
 
b) if there is no use of an uplink station, but communicat ion to the public was authorized  by an 
organization  with its headquarters in the Republic of Moldova, the responsibility shall rest with the 
organization  that authorized  it. 
  
63 
 (4) Authors and rightholders may authori ze communication to the public by satellite to a radio 
and television  broadcasting organization  only by means of a contract concluded either through a 
collective management organization  or individually.  
 
(5) The framework contract concluded between a collective management organization  and a 
radio or television  broadcasting organization  for the communication to the public by satellite of a 
category of works belonging to a particular field may also be extended  to rightholders who are not 
represented by the collective management organization s, if such communication to the public by 
satellite simulcasts a terrestrial broadcast by the same broadcast ing organization . The unrepresented 
rightholder shall , within the time limits laid down in Article 68 para graph  (1) let ter c), have the 
possibility of exclud ing the extension  of the framework contract by means of an individual or 
collective contract . 
 
(6) The provisions of para graph  (5) shall not apply to audiovisual works.  
 
 
 
Section 3  
 
Optional Collective Management  
Article 80. Subject -Matter of Management  
 
(1) The following rights may be optionally collectively managed:  
 
a) right to reproduce musical works on phonograms or videograms;  
 
b) right to reproduce literary, scientific works  and works of graphic or plastic art; 
 
c) rights of reproduction, distribution, rental and making available to the public, belonging to 
performers in the case of audiovisual fixed performances  or executions ; 
 
d) right to lend, except for the public lending provided for in Article 77;  
 
e) right to equitable remuneration reserved to authors and performers after the transfer of 
exclusive rental or lending rights.  
 
(2) For the categories of rights referred to in para graph  (1), collective management 
organization s shall only represent rightholders who have authorized  them to manage their rights, 
categories of rights or types of works and other protected subject -matter.  
 
(3) In order to manage the rights referred to in para graph  (2), the collective management 
organization s shal l develop methodologies within the scope of the managed repertoire or negotiate 
the licenses directly with users.  
 
Article 81. Right to Equitable Remuneration Reserved to Authors and Performers after 
Assigning Their Exclusive Rental or Lending Rights  
  
64 
 (1) Where an  author or performer has transferred , by contract on assignment, his/her exclusive 
rental or lending rights to a producer of phonograms, videograms or  audiovisual works, he/she shall 
retain the right to obtain an  equitable remuneration . . 
 
(2) The right to obtain an equitable remuneration cannot be waived by authors or performers, 
in their capacity of beneficiaries.  
 
(3) Authors and performers will receive the due remuneration either directly from the 
producers, according to the contracts concluded with them, or from the users, only through the 
collective management organization s, according to the contracts  between the  beneficiaries of the 
remuneration and the producers.  
 
Section 4  
 
Collective Management Based on a Special Mandate  
Article 82. Collective Management Based on a Special Mandate  
 
The rights recogni zed by this Law, with the exception of those falling under mandatory 
collective management, extended collective management and optional collective management, may 
be managed through collective management organization s only within the limits of the special 
mandate granted by rightholders.  
 
 
 
Chapter XIII  
  
ORGANIZATION S FOR  COLLECTIVE MANAGEMENT OF  
COPYRIGHT AND RELATED RIGHTS  
 
Section 1  
Establishment, Functioning and Endorsement  of Collective Management Organization s 
Article 83. Establishment and Functioning of Collective Management Organization s 
 
(1) Collective management organization s have the status of non -profit association, and shall 
be established through the free association of rightholders, for the main purpose of managing  
copyright or related rights on behalf of and for the collective benefit of rightholders, owned or 
controlled by its members.  
 
(2) Collective management organization s shall be created separately for the management of 
rights, categories of rights or types of protected works and other subject -matter of distinct categories 
of holders.  
 
(3) Collective management organization s shall carry out their activities in accordanc e with this 
Law, other relevant normative acts of the Republic of Moldova, on the basis of their own statute,  
65 
 within the limits of the powers delegated to them by the rightholders and the approval  decision 
issued by AGEPI, pursuant to this Law.   
 
(4) Coll ective management organization s may not have as object of their activity the use of 
protected repertoire for which they have received a collective management mandate, in accordance 
with this Law. They may not be transferred or assigned  copyright and relate d rights or the use of 
these rights.  
 
(5) Collective management organization s shall not be entitled to conduct commercial activity 
or use the works and subject -matter of related rights entrusted to them for management.  
 
Article 84.  Endorsement of Collectiv e Management Organization s 
(1) In order to organi ze and function as collective management organization , AGEPI, by 
decision of the Director  General, shall endorse  the association having legal personality, being 
registered in accordance with the provisions of the legislation, having its headquarters in the 
Republic of Moldova and cumulatively  meeting the following conditions:  
 
a) members of the association are exclusivel y the subjects of copyright or related rights;  
 
b) founders of the association do not have the capacity  of founders of another collective 
management organization  function ing for the same field/ same rights;  
 
c) the association’s field of activity is the co llective management of copyright or related rights;  
 
d) the statute of the association corresponds to  the requirements of this Law;  
 
e) the association has a current account in a banking institution;  
 
f) the association has the economic capacity for collective management and has the human and 
material resources necessary to manag e the entrusted repertoire;  
 
g) the association allows, accord ing to the procedures expressly provided for in its statute, the 
access of holders who are interested in entrusting them with the full or partial management of rights, 
categories of rights, types of protected works or other subject -matter;  
 
h) the association submits to AGEPI the repertoire of works, performances, pho nograms or 
videograms belonging to their own members. The repertoire shall be submitted in the format 
established by order of the Director  General of AGEPI and shall contain at least the name of the 
author, the name of the rightholder, the title of the wor k, the identification elements of performers, 
phonograms and videograms.  
 
(2) In order to confirm that the conditions specified in para graph  (1) are met, the organization  
shall submit to AGEPI relevant documents and information, which shall not be returned.  
 
(3) AGEPI shall refuse the endorsement  of the association that does not meet the cumulative 
conditions specified in para graph  (1) and/or does not submit the relevant d ocuments and information 
according to para graph  (2). 
  
66 
 (4) The decisions referred to in para graph  (1) shall be issued within 15 days from the request 
and published in the Official Gazette of the Republic of Moldova within 5 days of issuance.  
 
(5) The endors ed collective management organization  shall be subject to AGEPI control, in 
accordance with Article 106.  
 
(6) The d ecision on endorsement  of the collective management organization  may be 
challenged in the manner laid down by the Administrative Code.  
 
(7) T he decision on endorsement  grants the organization  the right to manage the rights 
provided for in Article 80 of rightholders who are members of the collective management 
organization  or the rights provided for in Article 82.  
 
Article 85.  Statute of the Collective Management Organizatio n 
 
(1) The statute of the collective management organization  shall contain provisions on:   
 
a) conditions under which is carried out the management of rights for holders of such rights, 
on the basis of the principle of equal treatment;   
 
b) membership conditions and the grounds for refusal to grant membership, as well as the 
conditions for the termina tion of such membership;  
 
c) rules governing the exercise of the rights to participate and vote in the General Assembly 
of members;  
 
d) conditions for the revocation of the management authori zation and the withdrawal of any 
rights, categories of rights, types of protected works or other subject -matter;  
 
e)  members’ rights and obligations in relation to the collective management organization ;  
 
f) weight of the vote cast by the members within the Ge neral Assembly;  
 
g) modality of establishing and paying the membership fee and contributions, in case these 
are provided for to be paid by members;  
 
h) structure and powers of the management and control bodies responsible for the 
functioning of the collective management organization , as well as the manner in which the members 
of these bodies are appointed, removed and remunerated;  
 
i) rules applicable to the distribution of the collected remuneration, in proportion to the actual 
use of the repertoire of rightholde rs, as well as those applicable to collected remuneration for which 
the actual use cannot be established;  
 
j) minimum level from which the payment may be made if the allocated amounts are lower 
than management costs;  
  
67 
 k) method and conditions for the use of amounts which could not be distributed, as well as 
those not claimed;   
 
l) modalities for verification of econom ic and financial management by members;   
 
m) modalities for determining the management fee;   
 
n) general rules on the use of rights revenue and income arising from the investment of 
rights revenue;  
 
o) appropriate and effective mechanisms for the participation of its members in the 
collective management organization’s decision -making process . The representation of the different 
categories of members in the decision -making process shall  be fair and balan ced; 
 
p) other binding provisions under the legislation in force.   
 
(2) Any proposal to amend the statute shall be subject to endorsement by AGEPI, two months 
before the General Assembly of the collective management organization  during which the change is 
to be approved. AGEPI shall issue the endorsement within 15 working days from the request. If it is 
negative, the endorsement has to be substantiated.  
 
(3) Within one month from the date of the General Assembly during which the amendment 
was approved, the c ollective management organization has the obligation to submit the amendment 
of the statute, the endorsement and the decision of the General Assembly to the competent authority, 
in order to register it. The decision on the registration of amendments to the  statute shall be 
submitted to AGEPI within 5 days from the date of its issuance.  
 
(4) Any amendment to the statute made and registered with the competent authority without 
the endorsement of AGEPI shall be null and void.  
 
Article 86.  Member of the Collective Management Organization  
 
(1) Members of the collective management organization  may be authors and rightholders, 
other collective management organization s and associations of rightholders, if they fulfil the 
membership requirements  laid down in the statute , which shall be  based on objective, transparent 
and non -discriminatory criteria. In cases where a  collective management organization refuses to 
accept a  request for membership, it shall provide  the rightholder , within 30 calendar days of the date 
of submission of the request , with a reasoned response . 
 
(2) The member of the collective management organization  shall have the right to 
communicate with it, by  any means, including electronic means, and to request, in person or through 
a representative, any information relating to the exercise of his/her rights arising from membership.  
 
(3) Membership of the collective management organization  shall not be inheri ted. 
 
(4) The collective management mandate shall be granted directly by the author or the holder of 
copyright or related rights by a written contract.  
  
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 (5) The exercise of the collective management entrusted by the contract of mandate may not in 
any way r estrict the economic rights of the author or rightholder.  
 
(6) The collective management organization  may refuse the membership if the holder:  
 
a) does not provide proof for the claimed rights;  
 
b) does not submit the repertoire of works, artistic performances, phonograms, videograms 
and other subject -matter;  
 
c) does not indicate which property rights, types of protected works or other subject -matter 
chooses to be managed by the collective management organization ; 
 
d) is a member of another collect ive management organization  for the same rights on the same 
works, performances, phonograms, videograms and other subject -matter for which he/she requests 
management;  
 
e) has previously lost membership of the collective management organization  through 
exclusion;  
 
f) has been sentenced, by a court decision which has become final, to the criminal penalty with 
a fine or imprisonment for offences provided for by the intellectual property legislation.  
 
(7) If the situation provided for  in para graph  (6) let ter f) occurs after accession, the collective 
management organization  may decide whether to maintain or terminate membership.  
 
(8) The statute of collective management organization s may include other grounds for refusing 
membership, provided that t hey are objective, transparent and non -discriminatory. The refusal to 
grant membership shall be justified in writing.  
 
 
Section 2  
 
Management, Control and Supervisory Bodies of the Collective Management 
Organization  
 
Article 87. Organization al Structure of the Collective Management Organization   
 
(1) The organization al structure of the collective management organization  comprises the 
following bodies:  
 
a) General Assembly;  
 
b) Board;  
 
c) Director  General;  
  
69 
 d) Censor or the Committee of Censors;  
 
e) Special Standing Committee on Access to Information;  
 
f) Supervisory Board.  
 
(2) The collective management organi zation  may also inc lude in its organization al structure 
other bodies, the powers of which, other than those of the bodies referred to in paragraph  (1), are 
provided for in the statute.  
 
(3) The management, control and supervisory bodies that are part of the organization al 
structure of the collective management organization  shall be  obliged to act within its activity in a 
rational, prudent a nd appropriate manner, using administrative and accounting procedures, as well as 
reliable control mechanisms.  
 
(4) By decision of the General Assembly, persons or members of the bodies referred to in 
paragraph  (1) let ter b) to f) may be remunerated in acc ordance with the provisions of the statute.  
 
Article 88. General Assembly  
 
(1) The supreme governing body of collective management organization s is the General 
Assembly of members, which meets ordinary and extraordinary.  
 
(2) Ordinary meetings of the Gener al Assembly shall be convened when the interests of the 
collective management organization  so require, but not less than once a year, only after the 
submission of financial statements of the collective management organization , for the previous 
calendar year, in accordance with legal provisions.  
 
(3) The General Assembly shall be convened by th e Board, which shall notify the members of 
the collective management organization  at least 30 days before the date of the General Assembly by 
publishing information on the date, time, place and agenda of the General Assembly, the draft 
decisions to be adop ted, on the official website and/or by any other means of mass communication, 
including electronically.  
 
(4) If the statutory quorum is not met on the date set for the General Assembly, the next 
General Assembly shall be reconvened after 15 days. The decis ions of the reconvened General 
Assembly shall be taken by a simple majority of the members who cast their vote.  
 
(5) Within the period provided for in para graph  (3), any member shall have the right to 
consult, at the premises of the collective management organization  and by electronic means:  
 
a) the annual transparency report;   
 
b) the annual reports drawn up by the Director  General, the Board, the internal committees and 
the Censor or the Committee of Censors, as the case may be;   
 
c) the text and the r easons for each draft decision to be submitted for the approval of the 
General Assembly;     
70 
  
d) the situation regarding the categories of users, number of notifications, number of payers in 
each category and the total amount collected from each category;   
 
e) the situation of disputes;  
 
f) any transaction or rescheduling of payment of users appr oved by the Board.  
 
(6) The extraordinary General Assembly shall be convened by the Board on its own initiative, 
at the request of the Director  General, the Censor or the Committee of Censors or at the request of at 
least one third of the total number of m embers of the organization .  
 
(7) The General Assembly shall decide on the following issues:  
 
a) the changes to the statute;  
 
b) the rules on the  collecti on and distributi on of amounts due to rightholders;  
 
c) the rules on the use of non -distributable amou nts, without bringing prejudice to the right of 
the rightholder to claim such amounts from the collective management organization  in accordance 
with the general limitation period established by the legislation;  
 
d) the rules on the use of rights revenue an d of any income arising from the investment of 
rights revenue;  
e) the rules on the establish ment of  the management fee withheld to  rightholders, including its 
amount;  
 
f) the risk management policy;  
 
g) the approval of any acquisition, sale or hypothecation of immovable pr operty ; 
 
h) the approval of proposals for borrowing, granting loans or providing security  for loans;  
 
i) the approval of the annual transparency report;  
 
j) the appointment or removal of the Director  General, the review of his/her general activity, 
the approval of remuneration and other pecuniary or non -pecuniary benefits;  
 
k) the election and removal of the members of the Board and the Censor or, as the case may 
be, the Committee of Censo rs, the approval of their internal operating regulations, as well as the 
remuneration and other pecuniary benefits;  
 
l) the selection of the person(s) referred to in Article 96 para graph  (3); 
 
m) the approval of the reports of the Director  General, the Boa rd and the Censor or the 
Committee of Censors, as the case may be;  
  
71 
 n) the approval of re organization  (by merger, dismembering or transformation) or dissolution 
of the collective management organization , the setting -up of branches and subsidiaries;  
 
o) any  other aspects related to the activity of the collective management organization . 
 
(8) The General Assembly may delegate the powers referred to in para graph  (7) let ter f) to h) 
and n), by a decision or by a provision of the statute, to the body exercising the supervisory function.  
 
(9) All members of the collective management organization  shall have the right to participate 
in, and the right to vote at , the General Assembly of members, including by electronic means, with 
the collective management organization  being obliged to ensure the possibility of participation and 
voting. The collective management organization  may authori ze the limitation of the right of the 
members of the collective management organization  to participate in, and to exercise t heir voting 
rights at, the General Assembly of members, on the basis of one or both of the following criteria:  
 
a) duration of membership;  
 
b) amounts received or due to a member , 
 
provided that they are determined  and applied in a fair and proportionate  manner, are laid down in 
the statute and are made public ly available in accordance with Article 85 para graph  (1) let ter c) and 
Article 95 para graph  (4) let ter a).  
 
(10) Every member of a collective management organization  shall have the right to appoint 
any other person or entity as a representative to participate in, and vote at the General Assembly  on 
his behalf, provided that such appointment does not result in a  conflict of interest. The proxy granted 
to the representa tive shall be valid for a single General Assembly. At the General Assembly of 
members, the representative shall enjoy  the same rights as those to which the appointing member 
would be entitled. The representative shall cast votes in accordance with the inst ructions issued  by 
the appointing member.  
 
(11) Decisions adopted by the General Assembly shall be binding and may be challenged in 
accordance with the legislation.  
 
(12) Collective management organization s shall submit to AGEPI, within 5 days after the 
General Assembly:   
 
a) the annual transparency report;   
 
b) the annual report of the Censor or the Committee of Censors, as the case may be;   
 
c) the list of members and updated repertoire;   
 
d) the representation agreements with similar organization s abroad;   
 
e) the annual individual statements of the Director  General, the members of the Board and the 
Supervisory Board;  
  
72 
 f) the decisions adopted at the General Assembly.  
 
(13) The documents referred to in para graph  (12) let ter a), c) and e) shall be su bmitted to 
AGEPI, in the format established by the order of the Director  General of AGEPI.  
 
Article 89. Board and Director  General of the Collective Management Organization  
 
(1) The Board is the permanent governing body of the collective management organization , 
which shall be subordinated to the General Assembly. The powers of the Board are laid down in the 
statute of the collective management organization . 
 
(2) The Director  General shall be the person appointed by the Board and elected by the 
General Assembly. The Director  General may not be a member of the Board.  
 
(3) The powers and responsibilities of the Director  General, as well as the duration of his/her 
mandate , are set out in the statute of the collective management organization . 
 
(4) The Director  General and the members of the Board shall present to the General Assembly 
an annual individual declaration containing the following information:  
 
a) any interests i n the collective management organization ; 
 
b) any remuneration received in the preceding financial year from the collective management 
organization , including in the form of pensions, benefits and other pecuniary and non -pecuniary 
benefits;  
 
c) any amount s received in the preceding financial year as a rightholder from the collective 
management organization  ;  
 
d) any existing or potential conflict between any personal interests and those of the collective 
management organization  or between obligations owed  to the collective management organization  
and any duty  owed  to an y other natural or legal person.  
 
 
Article 90.  Censor and Committee of Censors of the Collective Management Organization  
 
(1) The Censor shall carry out control over the economic and financial activity of the 
collective management organization , including the appropriateness and legality of the use of its 
financial means.  
 
(2) If the number of members of a collective manageme nt organization  exceeds 100 members, 
a Committee of Censors formed of 3 members shall be set up.  
 
(3) In accordance with the provisions of Article 88 para graph  (12) let ter b), the Censor or, as 
the case may be, the Committee of Censors, shall submit annual ly a report of the activity of the 
collective management organization , which shall be approved by the General Assembly and 
published on the official website of the organization . In order to carry out the control, the Censor or 
the Committee of Censors shal l have the right to ask the Board and the Director  General for any data  
73 
 relating to the activity of the organization  during a specific period, to take note of all the acts, 
documents relating to its activity.  
 
(4)  The Censor or, as the case may be, the Committee of Censors shall notify the General 
Assembly if it finds facts contrary to the law or the statute of the organization  and which have 
caused or may cause considerable harm to the activity of the organization  and its members.  
 
(5) The following m ay not be a Censor or member of the Committee of Censors:  
a) the Director  General and the members of the Board of the organization ; 
b) the spouse, affinities and relatives of the Director  General/ members o f the Board up to and 
including the fourth degree.  
 
Article 91. Special Standing Committee on Access to Information  
 
(1) The Special Standing Committee on Access to Information composed of 3 members who 
are not employed and are not members of the management and supervisory bodies of collective 
management organization s shall be appointed by the General Assembly.  
 
(2) Memb ers of collective management organization s and collective management 
organization s on whose behalf they manage rights under a representation agreement who consider 
that their right of access to the requested information has been violated, may within 3 days, refer the 
matter to the Special Standing Committee on Access to Information. Th e Committee shall be 
obliged to reply within 7 days to the member who made the referral.  
 
(3) The Special Standing Committee on Access to Information shall draw up an annual report 
on its work, which shall be submitted to the General Assembly and published  on the official website 
of the organizati on.  
 
Article 92. Supervisory Board  
 
(1) For the purpose of continuously  monitoring the activity  carried out by both the collective 
management organization  and the Director  General, a Supervisory Board shall operat e at the level of 
each collective management organization , which shall consist of an odd number of members and 
shall meet regularly, at least once a year.  
 
(2) The Supervisory Board may include:  
 
a) members of the collective management organ ization , provi ded that fair and balanced 
representation is ensured;  
 
b) persons who have legal or economic experience of at least 5 years in the field of copyright 
and related rights, as well as a good reputation in this field;  
 
c) rightholders who are not directly repr esented by the collective management organization .  
 
(3) The Supervisory Board shall have at least the following powers:  
  
74 
 a) to exercise the powers delegated to it by the General Assembly of members, including 
under  Article 88 para graph  (8);  
 
b) to monito r the activities and the performance of the duties of the persons referred to in 
Article 89, including the implementation  of the decisions of the General Assembly of members and, 
in particular, of the general policies referred to in Article 88 para graph  (7) let ter b) to e).  
 
(4) Each member of the Supervisory Board shall be obliged to complete and present to the 
General Assembly an annual individual statement . The provisions of Article 89 para graph  (4) shall 
apply mutatis mutandis  also to the member s of the Supervisory Board.  
 
(5) The Supervisory Board shall draw up an annual report on its activities, which shall be  
submitted for approval to the General Assembly and published on the official website of the 
organization . 
 
Section 3  
 
General Rights and Obligations of the Collective Management Organization  
Article 93.  General Rights of the Collective Management Organization   
 
The collective management organization  shall have the following general rights:  
 
a) to be mandated by authors or holders of copyright and related rights to manage rights, 
categories of rights or types of works and other subject matter;  
 
b) to provide expert assistance to its members and to represent them in legal proceedings, 
within the limits of the subject -matter of activi ty; 
 
c) to request from users’  information and documents at their disposal necessary to determine 
the amount of remuneration they collect, as well as information held by them on the works used, 
indicating the rightholders, with a view to their distribution and payment;  
 
d) to conclude,  on behalf of its members, representation agreements with other similar 
collective management organization s abroad;  
 
e) to monitor, by any means, the activity of users, free of charge and without additional 
authori zation from them, in order to supervise th e use of their own repertoire, and may also request 
for this purpose information of public interest held, according to the law, by the competent public 
institutions;   
 
f) to carry out any other legal actions and acts necessary for the protection and enfor cement of 
those rights, including in their own name, within the limits of the powers granted to it by the 
rightholders;  
 
g) to request their members to update the repertoire according to statutory provisions.  
 
Article 94.  General Obligations of Collective Management Organization s  
75 
  
The collective management organization  shall have the following general obligations:  
 
a) to act in the interest s of the rightholders whose rights they manage, without imposing on 
them obligations which are  not objectively necessary for the protection of their rights and interests 
or for the effective management of their rights;  
 
b) to use the information and documents received from users only for the purpose of 
collecti on, distributi on and payment of remune ration. The use of information or documents for 
purposes other than those provided for in this Law, without the prior consent of the user, is 
prohibited;  
 
c) to grant licenses to users, in accordance with Article 32, for the use of works or subject -
matter of related rights, prior to the use of the protected repertoire. Collective management 
organization s shall respond to their request within 30 days, requesting, where appropriate, any other 
necessary information and providing each other with all necessary i nformation. Licensing conditions 
shall be based on objective and non -discriminatory criteria. If the collective management 
organization  refuses to grant the license, it shall give reasons for refusal in writing;  
 
d) to collect the remuneration s owed by users for the use of works and other subject -matter, 
distribute them and regularly, diligently and accurately pay them, within the time limit laid down in 
Article 97 para graph  (1) let ter c), in proportion to their actual value and use;  
 
e) to deve lop methodologies for the fields of activity, to be negotiated with users, in 
accordance with Article 99 to 101;  
 
f) to keep and continuously update the databases with the list of members and repertoires;  
 
g) to ensure transparency of collective management  activity in relation to its members, public 
authorities and users;  
 
h) to ensure correspondence with members, users and collective management organization s 
with whom it has concluded representation agreements, by any means, including electronic means;  
 
i) to respond in writing to complaints, in particular regarding the management of rights, 
revocation of mandate or withdrawal of rights, membership requirements, collection of amounts 
owed to authors or rightholders, deductions and distribution thereof;  
 
j) to ensure equal treatment of users, its members, including holders whose rights they manage 
under a representation agreement, as regards the management fee and the rules on the collection, 
distribution and payment of remuneration, as well as any informatio n related to the management of 
their rights;  
 
k) to provide members with the necessary conditions for participation and voting in the 
General Assembly, in real time, by any means, including electronic means;  
  
76 
 l) to ensure that their members and control and monitoring authorities have access to 
information on any aspect of the activity of collecting amounts owed by users, their distribution and 
payment;   
 
m) to protect the interests of its members in terms of t he management of rights, due to the use 
of its own repertoire outside the territory of the Republic of Moldova, by concluding representation 
agreements with similar organization s abroad;  
 
n) to make available to members and collective management organizat ions on whose behalf 
they manage rights under a representation agreement an effective and rapid mechanism for the 
examination of complaints, in particular as regards the authori zation to manage rights and the 
revocation or withdrawal of rights, the members hip requirements, the collection, distribution and 
payment of amounts due to rightholders, deductions made. The collective management organization  
shall respond in writing to complaints. If the collective management organization  refuses a 
complaint, the re ply must be substantiated.  
 
Section 4  
 
Transparency in the Activity of the Collective Management Organization  
 
Article 95. Transparency in the Activity of Collective Management Organization s  
(1) Collective management organizatio ns shall be required to make available, at least once a 
year, to each rightholder to whom they have attributed  rights revenue or for whose benefit they have 
made payments in the reference period, the following information:  
 
a) any contact details which  the rightholder has authorized the collective management 
organization  to use in order to  identify  and locat e the rightholder;  
 
b) the revenue  derived from attributed  rights;  
 
c) the amounts paid by the collective management organization  to the rightholder, with a 
breakdown  per category of rights managed and per type of use;  
 
d) the period during which the uses took p lace for which  the amounts were attributed  and paid 
to the rightholde r, unless  objective reasons relat ing to reporting by users prevent  the collective 
management organization  from  provid ing this information ;  
e) the management fee deducted, as well as any deductions made for other purposes (social, 
cultural, etc.);  
 
f) any rights revenue attributed  which is outstanding for any period.  
 
(2) Collective management organization s shall have the obligation to make at least the 
following information  available , at least once a year, including by electronic means,  to collective 
management organization s on whose behalf they manage rights under a representation agreement , 
for the period to which the information relates:  
  
77 
 a) the rights revenue attributed , the amounts paid by the collective management organization  
with a breakdown  per category of rights managed  and per type of use for the rights it manages under 
a representation agreement, as well as any rights revenue attributed  which is outstanding for any 
period ;  
 
b) the management fee deducted , as well as any other de ductions established under the 
representation agreement;  
 
c) information on any licenses granted or refused with regard to  protected works and other 
subject -matter covered by the representation agreement;  
 
d) decisions adopted by the General Assembly of me mbers in so far as th ose decisions are 
relevant to the management of the rights under the representation agreement.  
 
(3) A collective management organization  shall, as part of the examination of a duly 
substantiated request, make at least the following inf ormation  available by electronic means and 
without undue delay to any collective management organization  on whose behalf it manages rights 
under a representation agreement or to any rightholder or to any user:  
 
a) the protected works or other subject -matte r it represent s, the rights it manage s, directly or 
under  representation agreements , and the territories covered;  
 
b) in the situation whe re, due to  the scope of activity  carried out by the collective management 
organization , such works or other subject -matter cannot be determined , the types of protected works 
or other subject -matter it represents, the rights it manages and the territories covered.  
 
(4) The collective management organization  shall publish on its official website at least the 
follo wing information, ensuring that it is continuously updated:  
 
a) the statute;  
 
b) the membership terms  and the terms of termination  of authori zation to manage rights, if 
these are not included in the statute;  
 
c) standard licensing contracts and standard ap plicable tariffs, including discounts;  
 
d) the list of the persons who administer  the organization ; 
 
e) the general policy on distribution of amounts due to rightholders;  
 
f) the general policy on management fee;  
 
g) the general policy on deductions from rights revenue and from any income arising from the 
investment of rights revenue, with the exception of management fee, including deductions made for 
the purpose of funding certain  social, cultural and educational activities;  
 
h) a list of the representation agreements concluded and the name s of the collective 
management organization s with which th ose representation agreements have been concluded;   
78 
  
i) the general policy on the use of non -distributable amounts;  
 
j) the complaint handling and dispute resolution mechanism.  
 
Article 96. Annual Transparency Report  
(1) The annual transparency report shall be drawn up by the collective management 
organization  within 8 months following  the end of that financial  year and shall be published on the 
official website of the collective management organization , where it shall  remain available to the 
public for a minimum of 5 years.  
 
(2) The annual transparency report shall contain at least the following information:  
 
a) financial statements, an income and expenditure account and a cash -flow statement;  
 
b) a report of the activ ities of the previous financial year;  
 
c) information on refusals to grant licen ses; 
 
d) a list of management bodies;  
 
e) information on the total value of amounts paid to the Director  General, members of the 
Board, members of internal committees, and on  other benefits granted to them;  
 
f) a special report which must contain at least information on the amounts deducted for social, 
cultural and educational purposes, with a breakdown per category of rights managed and per sources 
of collection, and the type of their use;  
 
g) information on the remuneration collected, with a breakdown  per category of rights 
managed and per sources of collection;  
 
h) financial information on the management fee containing at least data on actual costs, with a 
breakdown  per categories of rights managed and , where costs are indirect and cannot be attributed to 
one or more categories of rights, justifications thereof, i ncluding the income arising from bank 
placements and deposits of the fee;  
 
i) information on the resources used to cover the expenses related to the collecti on, 
distributi on and payment of  remuneration;  
 
j) financial information on the total amount attribu ted and the total amount paid to 
rightholders, with a breakdown  per categories of rights managed and per type of use, including the 
dates on which payments were made, with their breakdown per collection/distribution period;  
 
k) financial information on the  total amount collected and not distributed, and on the total 
amount attributed  and not paid to rightholders, with a breakdown  per category of rights managed 
and per sources of collection, indicatin g the periods during which th ose amounts were collected, t he 
reasons for the delays and the manner of recording the amounts;  
  
79 
 l)  financial information on non -distributable amounts and type of their  use; 
 
m) financial information on the amounts received from other collective management 
organization s with which they are in legal relation ships provided by this Law, as well as the 
management fee and other deductions from th ose amounts, with a breakdown  per categories of 
rights, per sources  of collection and per collective management organization s; 
 
n) financi al information on the amounts collected, distributed and paid to other collective 
management organization s with which they are in legal relation ships provided by this Law, as well 
as the management fee and other deductions from th ose amounts, with a breakd own per categories 
of rights, per sources  of collection and per collective management organization s, indicatin g the 
collection/distribution  period;  
 
o) financial information on the amounts collected, distributed and paid directly to rightholders, 
with a br eakdown  per category of rights, per type of use and indicatin g the collection/distribution  
period . 
 
(3) The information referred to in para graph  (2) shall be subject to an audit by one or more 
persons empowered by law to audit the financial statements, whi le the audit report, including any 
qualifications thereto, shall be reproduced in full in the annual transparency report.  
 
Section 5  
 
Exercise of Collective Management  
 
Article 97. Rules on the Distribution of Remuneration  
 
(1) Collective management shall be exercised in accordance with the following rules:  
 
a) the decisions on the methods and rules for collecting remuneration from users, those on 
their distribution among rightholders, as well as those on other more important aspects of col lective 
management, must be taken by the members, within the General Assembly, according to the statute;   
 
b) the remunerations collected by collective management organization s are not and cannot be 
assimilated to their income, except for the management f ee established in accordance with the rules 
adopted pursuant to Article 98;  
 
c) the amounts due to rightholders and other collective management organization s shall be 
distributed and paid regularly and accurately, as soon as possible but no later than 9 m onths from  the 
end of the financial year in which the remuneration was collected, unless such time limits cannot be 
complied with, for objective reasons such as: special documentation with a view to identifying 
rightholders, reporting by users, identif ication of  rights, matching of  information on works and other 
subject -matter on the one hand, and rightholders on the other, and where the amounts allocated 
individually are lower than management costs. The other collective management organization s, or, 
where they have as members entities representing rightholders, those members , shall distribute and 
pay the amounts due to rightholders as soon as possible but no later than 6 months from  receipt of 
those amounts, unless objective reasons relating in p articular to rep orting by users, identification of  
80 
 rights, rightholders or matching of  information on works and other subject -matter on the one hand, 
and rightholders on the other hand  prevent collective management organizations or, where 
applicable, their  members from meeting  that deadline ;  
 
d) the amounts resulting from the placement of unclaimed and non -distributable 
remunerations, those in bank deposits or obtained from other operations carried out within the limits 
of the object  of activity, as well a s those obtained as damage or compensation as a result of violation  
of copyright or related rights shall be due and distributed to rightholders and shall not constitute 
income of collective management organization s. 
 
(2) Where rightholders could not be ide ntified or located and the amounts due to rightholders 
cannot be distributed and paid within the time limit laid down in para graph  (1) let ter c), and the 
exception to that deadline does not apply, th ose amounts shall be entered separately in the accounts 
of the collective management organization . 
 
(3) Collective management organization s must act in good faith and take all necessary 
measures to identify and locate the rightholders, to distribute and pay their due amounts. To this end, 
collective management organization s will verify the databases on the list of members and repertoire, 
including other similar domestic and foreign organization s, as well as any other relevant information 
to which they have access.  
 
(4) Within 3 months after the expiry of the pe riod laid down in para graph  (1) let ter c), the 
collective management organization  shall make available  information on protected works and other 
subject matter for which one or more rightholders have not been identified or located to:  
 
a) the rightholders that it represents or the entities representing rightholders, where such 
entities are members of the collective management organization ;  
 
b) all collective management organization s with which it has concluded representation 
agreements.  
 
(5) The informati on referred to in para graph  (4) shall include, where available, the following:  
 
a) the title of the protected work or other subject -matter;  
 
b) the name of the rightholder;  
 
c) the name of the publisher or producer;   
 
d) any other relevant information available which  could facilitate the identification of the 
rightholder.  
 
(6) Where it is impossible to identify and locate rightholders after taking the actions referred 
to in para graph  (3) to (5), the collective manageme nt organization  shall make the information 
referred to in para graph  (5) available to the public at the latest  one year after the expiry of the 3 -
month period provided for  in para graph  (4). 
  
81 
 (7) The a mounts due to rightholders which cannot be distributed wi thin 3 years from  the end 
of the financial year in which the revenue was collected, provided that the collective management 
organization  has taken all necessary measures to identify and locate rightholders, those amounts 
shall be deemed non-distributable.  
 
(8) After the expiry of the general limitation period of 3 years from the date of notification, 
within which rightholders have the right to claim those amounts, the General Assembly of the 
members of the collective management organizati on shall decide on the use of the non-distributable 
amounts.  
 
(9) The notification of unclaimed amounts shall be made in writing and electronically, 
including on the collective management organization ’s official website, within 6 months from  the 
end of the  financial year and shall contain at least the following information:  
 
a) the title of the protected work or other subject -matter;  
 
b) the name of the rightholder;  
 
c) the name of the user and the date of use;  
 
d) any other information which  could facilit ate the identification of the rightholder.  
 
(10) Where a collective management organization  invests rights revenue or any income arising 
from the investment of rights revenue, it shall do so  in the best interests of the rightholders whose 
rights it represents, in accordance with the policy on the use of rights revenue and income arising 
from the  investment of rights revenue, the risk management policy and compliant with the following 
rules:  
 
a) the General Assembly shall ensure that the investment is made in the  sole interest of its 
members;  
 
b) the assets shall be invested in a manner to ensure the security , quality, liquidity and 
profitability of the portfolio as a whole;  
 
c) the assets shall be properly  diversified in order to avoid excessive reliance on any particular 
asset and accumulations of risks in the portfolio as a whole.  
 
(11) A collec tive management organization  shall keep separate in its accounts:  
 
a) rights revenue and any income arising from the investment of rights revenue ;  
 
b) any own assets it may have  and income arising from such assets, from management fee or 
from other activities;  
 
c) unclaimed amounts, recorded and kept by the organizati on in separate analytical accounts 
for 3 years from the date of notification.  
 
Article 98. Management Fee  
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 (1) Where an author or holder of copyright or relat ed rights  authori zes a collective 
management organization  to manage his/her rights, it shall be obliged to provide the rightholder, by 
any means, including electronic means, with information on the management fee and other 
deductions from the rights revenu e and from any income arising from the investment of rights 
revenue, before obtaining his/her consent to the management of his/her rights.  
 
(2) Deductions referred to in para graph  (1)  shall be reasonable in relation to the services 
provided by the collect ive management organization  to rightholders, including, where appropriate, 
the services referred to in para graph  (4), and shall be established  on the basis of objective criteria.  
 
(3) The management fee shall not exceed the justified documented costs incur red by the 
collective management organization  for the purpose of managing copyright and related rights. The 
requirements applicable to the use and the transparency of the use of amounts deducted as 
management fee or offset in respect of this fee shall appl y to any other deductions made in order  to 
cover the costs of managing copyright or related rights.  
 
(4) A collective management organization  shall not apply any deductions , other than in respect 
of the management fee , from  the rights revenue derived from the rights  it manages on the basis of a 
representation agreement , or from  any income arising from the investment of that rights revenue, 
unless the other collective management organization  that is party to the representation  agreement 
expressly consents  to such deductions.  
 
(5) Where the statute provides for the possibility for a collective management organization  to 
carry out activities for social, cultural or educational purposes funded  through deductions from 
rights revenue, they shall be carried out on the basis of fair criteria, in particular as regards access to , 
and the extent of , those services.  
 
(6) The ma nagement fee shall be deducted for each managed right, as follows:  
 
a) for mandatory collectively managed rights – in accordance with the provisions of Article 
70, as well as for extended collectively managed rights – according to Article 78. The fee deduc ted 
by the collective management organization  designated as collector and the beneficiary organization s 
may not cumulatively exceed 30  % of the amounts distributed to each;  
 
b) for rights managed collectively on an optional basis – in accordance with Artic le 80. The 
fee owed by its own members shall be deducted by the collective management organization  at the 
time of the distribution and shall not exceed 30  % of the amounts distributed individually;  
 
c) for rights managed on the basis of a special mandate – in accordance with Article 82. The 
fee shall be established by the collective management organization  on a contractual basis, respecting 
equal treatment, in accordance with the provisions of Article  94 let ter j). 
 
Section 6  
 
Negotiation of Methodologies  
Article 99. Initiation of the Procedure for Negotiating Methodologies  
  
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 (1) The remuneration due to rightholders, as well as the conditions for collection and payment, 
shall be determined by collective management organization s and users in the contents of the 
negotiated methodologies.  
(2) Collective management organization s and users shall negotiate in good faith and provide 
each other with all necessary information.  
 
(3) In order to initiate the procedures for negotiating methodologies, collective management 
organization s, users or their representative associations referred to  in Article 100 para graph  (2) let ter 
b) and c) must submit a request  to AGEPI, accompanied by:  
 
a) the list of the parties, the identification elements and proof of their notification for 
negotiation;  
 
b) the draft methodology and tariffs.   
 
(4) Failure t o submit a list or to submit an incomplete list, as well as the lack of proof of 
notification, shall lead to refusal  of the request to initiate negotiation procedures.  
 
(5) The draft methodology is subject to the endorsement of AGEPI. The endorsement shall be 
given within 10 working days of the date of submission of the request, in case when methodologies 
meet the following conditions:  
 
a) comprise the following mandatory elements: the subject matter of the regulation, the manner in 
which r emuneration is divided into each category of rightholders, the amount of remuneration due, 
expressed as a percentage or a lump sum, the basis for calculating the remuneration, payment 
periods, late payment penalties, discounts granted to paying users, info rmation and documents 
available to users necessary to determine the amount of remuneration, as well as the time limit and 
format for reporting on the use of protected works and other subject -matter. When deciding on the 
reporting format, optional industry standards shall be taken into account, as far as possible;  
b) granting of licenses is not conditioned by the users’ acceptance of additional services 
which, by their nature or in accordance with the legal provisions, are not related to the subject -
matter o flicenses;  
 
c) provisions of the draft methodology shall comply with the provisions of this Law.  
 
(6) In the case of compensatory remuneration provided for in Article 71 and 72, in addition to 
the conditions laid down in para graph  (5) let ter a) of this Ar ticle, the methodology must also include 
the procedure used for recorded copies (audio, audiovisual, digital, analogue).  
 
(7) The percentage or lump sum remuneration shall not be the subject of the endorsement 
referred to in para graph  (5). 
 
(8) The methodology concluded without endorsement or in breach of the endorsement of 
AGEPI shall be  null and void.  
 
Article 100.  Procedure for Negotiating Methodologies  
  
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 (1) The methodologies shall be negotiated within a committee established by the orde r of the 
AGEPI Director  General, issued within 10 working days from the date of submission of the request 
referred to in Article 99 para graph  (3) and notified to the parties.  
 
(2) The Committee on Negotiation of Methodologies shall consist of:  
 
a) one repr esentative of each endorsed collective management organization , who operates for 
a creative field and for a category of rights;  
 
b) one representative of the collective management associations of users at national level, and 
one representative of the first  3 major users, notified by the requesting entity, established on the 
basis of turnover, provided that it is declared to AGEPI under their own responsibility. Public 
institutions, including public radio and television  broadcasting organization s, which are part of the 
negotiation committee, shall be exempted from the declaration of the turnover;  
 
c) one representative of the representative users’ associations at local level or, in their absence, 
one representative of 2 local users notified by the request ing entity and which submit to AGEPI the 
agreement on the participation in the respective committee.  
 
(3) Depending on the proposal received for issuing the order to establish the negotiation 
committee, AGEPI shall convene and designate in the negotiating committee any entity having a 
legitimate interest.  
 
(4) The order to establish the negotiation committee shall be communicated to the parties, 
together with the draft methodology submitted by the requesting  entity.  
 
(5) The negotiation of methodologies sh all be carried out in accordance with the timetable 
established by the parties to the negotiation committee, for a maximum period of 90 days from the 
date of establishment of the committee.  
 
(6) The methodology shall be negotiated taking into account the following main criteria:  
 
a) the category of rightholders, the types of works and other subject -matter and the field for 
which the negotiation is conducted;  
 
b) the category of users represented in the negotiations by the representative associa tions or 
other users designated to negotiate;  
 
c) the repertoire managed by the collective management organization , for its own members, as 
well as for members of other similar foreign organization s, on the basis of reciprocity agreements;  
 
d) the proporti on of the use of the repertoire managed by a collective management 
organization ; 
 
e) the proportion of uses for which the user has fulfilled payment obligations through direct 
user agreements with rightholders;  
  
85 
 f) the revenues obtained by users from the a ctivity that uses the repertoire for the use of which 
methodologies are negotiated;  
 
g) the European practice on the results of negotiations between users and collective 
management organization s. 
 
(7) In the case of rights which are mandatory collectively managed, in accordance with Article 
70, tariffs and methodologies shall be negotiated without taking into account the criteria laid down 
in para graph  (6) let ter c) and e), the repertoires being considered as extended repertoires.  
 
(8) In the case of extend ed collectively managed rights, the methodologies shall be negotiated 
with the presentation of the list of authors and rightholders who have opted to exclude protected 
works and other subject -matter from the mechanism provided for in Article 78.  
Article 101. Negotiation of Remuneration  
 
(1) Collective management organization s may request in negotiations, from the same category 
of users, either lump sum remuneration or percentage remuneration, only if and to the extent that 
protected works or other subject -matter for which copyright or related protected rights are used, are 
within the protection provisions laid down by law.  
 
(2) The lump sum and percentage remunerations shall be determined from the revenue 
generated by the activity in which the repertoire o f the collective management organization  is used.  
 
(3) In the absence of revenue, lump sum or percentage remuneration shall be reported to the 
expenditure incurred by use.  
 
(4) The remuneration referred to in para graph  (2) shall be reasonable in relation to the 
economic value and weight of the use of the rights concerned, taking into account the characteristics 
and scope of the use of the works and other subject -matter, as well as the economic value of the 
service provi ded by the collective management organization .  
 
(5) Collective management organization s shall not impose unfair remuneration or any other 
unfair licensing conditions on users and shall not apply unequal remuneration or other unequal 
conditions to equivale nt services in relation to users;  
 
(6) For the radio broadcasting activity, collective management organization s may claim only 
percentage remuneration, differentiated by direct proportionality to the share of the use by each user 
– a radio or television  broadcasting organization – of the repertoire collectively managed in this 
activity.  
 
(7) The lump sum remuneration s may be amended annually, starting from the first month of 
the year following the year in which the methodologies were published, by the colle ctive 
management organization s on the basis of the inflation index established at national level. These 
amendments shall be submitted to AGEPI, with further publishing in the Official Gazette of the 
Republic of Moldova within 5 days from the date of submis sion. The changes shall become 
effective from the month following the publication.  
  
86 
 (8) The  arrangements of the parties of the  negotiation committee shall be recorded in a 
protocol which, together with the negotiated methodologies, shall be submitted to AGEPI within 3 
days from its signature. The protocol and the methodologies shall be published in the Official 
Gazette of the Republic of Moldova within 10 days from the date of submission.  
 
Article 102.  Status of Methodologies  
 
(1) The methodo logies established in accordance with the provisions of this Law shall be 
enforceable against all users in the field for which the negotiation took place and no discounts may 
be granted in the payment of remuneration due, other than those provided for in t he published 
methodologies.  
 
(2) Methodologies shall not be enforceable against users who, at the time of the start of the 
methodologies’ negotiation procedure, are in the process of direct negotiation of a license agreement 
or have already concluded such negotiations with the collective management organization s. 
 
(3) Collective management organization s, users or their representative associations may 
submit a new request to initiate procedures for negotiation of methodologies only after 3 years from 
the dat e of publication of their final format in the Official Gazette of the Republic of Moldova.  
 
(4) Until the new methodologies  are publi shed, the old methodologies remain valid.  
 
Section 7  
 
Collector and Common Collection Structure  
 
Article 103. Designation of the Collector in the Case of Mandatory Collective Management of 
Rights or Through Extended Collective Management   
 
(1) The collection of remunerations due to authors and holders of copyright and related rights 
for rights under mandatory col lective management of rights or through extended collective 
management shall be carried out by the collective management organization  designated as collector 
or common collection structure, by decision of the AGEPI Director  General, which shall be 
publishe d in the Official Gazette of the Republic of Moldova.  
 
(2) The decision to designate the collector is based on a proposal from the collective 
management organization s endorsed for the same field/same rights, submitted by a joint request to 
AGEPI within 30 days from the establishment of a new collective management organization, which 
contains the name of the collective management organization  proposed to be designated as collector 
of remunerations.  
 
(3) The designated collector shall conclude with all benefi ciary collective management 
organization s an agreement setting out the criteria for collecting, distributing and paying 
remuneration, the management fee and the information which the collector and the beneficiary 
organization s are to provide each other, in  good faith, during its application. It shall be submitted to 
AGEPI within 30 days of the date of adoption of the decision on the designation of the collector and 
shall contain the following:   
87 
  
a) information on the collection of remuneration, respectively:  gross amount collected with a 
separate indication of VAT; the period during which the respective amount was collected and the 
period from which it originates; interest, penalties and the period from which they arise; amounts 
recovered or paid late, other than penalties, indicating the period from which they originate;  
 
b) criteria for sharing remuneration between collective management organization s (collector 
and beneficiaries);  
 
c) information on the distribution of remuneration, respectively: gross amount  distributed ; 
gross amount distri buted to rightholders represented by the beneficiary collective management 
organiz ation , both from the total amount collected and from the total amount distributed, after 
deduction of the fee;  
 
d) the modality of recording and justifying the management fee deducted  by the collective 
management organization  designated as collector, which may not exceed the amount set out in 
Article 98 para graph  (6) let ter a), respectively the management fee retained by the collector from the 
gross amount allocated to the beneficiary organization , the amount being indicated both as 
percentage and as absolute value, as well as the modality of use of the fee;  
 
e) obligation of beneficiary collective management organization s to provide the collector with 
all the information necessary for granting licenses and collecting remuneration, including the list of 
members and the repertoire;  
 
(4) The information referred to in para graph  (3) shall be communicated to the beneficiary 
organization s with a breakdown per  each managed right, per each distribution made to them.  
 
(5) If the collective management organization s do not submit the proposal referred to in 
paragraph  (2), AGEPI shall decide on the designation of the collector from among the endorsed 
collective management organization s, taking into account which of the endorsed collective 
management organization s cumulatively meets the following conditions:  
 
a) has a monitoring programme for the use of protected works and other subject -matter and a 
remuneration distribution system;  
 
b) is representative, taking into account the number of members and the degree of use of the 
managed repertoire, as evidenced by user repo rts;  
 
c) has the necessary human and material resources to ensure the collection of remuneration, 
with a minimum level of expenditure.  
 
(6) If the collector and the beneficiary collective management organization s cannot agree on 
the conclusion of the agre ement referred to in para graph  (3), the parties may apply to the Mediation 
Committee or to the Arbitration speciali zed in the field of intellectual property, set up by AGEPI.  
 
(7) The collective management organization  designated as collector shall have th e following 
obligations:  
  
88 
 a) to issue the license, on behalf of all beneficiary collective management organization s; 
 
b) to ensure transparency of collection activities and related expenditure in the relations with 
the beneficiary collective management organization s; 
 
c) to record in separate analytical accounts both the amounts collected and the amounts 
resulting from the placements of unclaimed and non -distributable remunerations, in bank deposits or 
obtained from other operations carried out within the s cope of the activity, as well as those obtained 
as compensation in the result of the violation  of copyright or related rights;  
 
d) to record separately the collection costs and justify them with appropriate 
documents/information;  
 
e) to submit, on request, to the beneficiary collective management organization s, information 
on the activity  carried out.  
 
(8) The coll ector shall be designated for a period of 3 years. The conditions and criteria set out 
in this Article shall be fulfill ed and complied with throughout the entire duration of the collection 
activity.  
 
(9) After the deadline provided for  in para graph  (8), the collective management organization  
may again be designated as a collector under the conditions of Article 103, after verifying that the 
conditions and criteria laid down in this Article are met and complied with.  
 
(10) Failure or non -compliance with the obligations, conditions or criteria  laid down in this 
Article, by the collective management organization  designated as collector, shall entail the 
revocation of the decision to designate the collector, as well as administrative, civil or criminal 
liability, as appropriate.  
 
(11) The revocat ion of the decision to designate the collector shall be ordered by the decision 
of the AGEPI Director  General, which shall be published in the Official Gazette of the Republic of 
Moldova.  
 
(12) The collective management organization  for which the decision referred to in para graph  1 
has been revoked,  may no longer be designated as collector for a period of 5 years from the date of 
publication of the decision provided for  in para graph  (11).  
 
(13) AGEPI shall ex officio designate the single collector where the re is only one collective 
management organization  on a right provided for  in Article 70 para graph  (2) and/or Article 78 
paragraph  (3). 
Article 104. Common Collection Structure  
 
(1) Collective management organization s may establish, with the endorsement of AGEPI, 
common collection structures for one or more of the rights provided for  in Article 70, Article  78, 
Article  80 and Article  82. 
  
89 
 (2) The common collection structures have the status of public associations and carry out their 
activity in accordance with the provisions of this Law, within the limits of the powers granted by the 
founders, which involve:  
a) granting of licenses for the use of protected works and other subject -matter and the 
repertoire of founding collective management organization s; 
b) collection of remuneration in accordance with licenses granted to users;  
c) distribution of collected remuneration  to the beneficiary collective management 
organization s, in accordance with the provisions of the agreement between them;  
d) summoning users in the court for the use of works and other subject -matter, and the 
repertoire of the beneficiary collective manageme nt organization s in the absence of a license, or for 
failing to pay the remuneration according to the license obtained.  
 
(3) The common collection structures are set up to make the collection of remuneration more 
efficient, being funded  by the beneficiary collective management organiza tions, within the limits of 
their own management fee.  
 
(4) The amounts collected by the common collection structure shall be  distributed to the 
beneficiary collective management organization s, which are responsible for the dis tribution and 
payment of remuneration to rightholders.  
 
(5) In order to obtain the endorsement referred to in para graph  (1), the collection structure 
shall comply with the following conditions:  
a) to be established by at least two collective management organi zation s; 
b) to provide proof of possession of the means necessary for the collection of remuneration;  
c) to present the agreement with the founding collective management organization s on the 
modality of distribution of the collected remuneration and the fee.  
 
(6) After verification of compliance with the conditions laid down in para graph  (5), the 
collection structure may be designated as a collector, pursuant to the agreement of the collective 
management organization s founding the collection structure, which ma nage the same category of 
rights or rightholders, by decision of the AGEPI Director  General, which shall be published in the 
Official Gazette of the Republic of Moldova. The agreement shall be concluded in written form and 
submitted to AGEPI.  
 
(7) The pro visions of Article 103 para graph  (3) let ter b), d), e) and para graph  (8) to (12), and 
Article 106 and Article 107 shall also apply mutatis mutandis  to common collection structures.  
 
(8) Where  the collection structure is designated as a collector under the conditions of 
paragraph  (6) for rights under mandatory collective management or extended collective 
management, where an author or a rightholder does not have the status of member of any coll ective 
management organization , the power to distribute the corresponding remuneration shall rest with the 
representative  collective management organization  for the category of rights and rightholders.  
 
Article 105.  Rights and Obligations of Users 
 
(1) Use rs shall have the following rights:  
  
90 
 a) to turn to the endorsed management organization s to obtain the license for the use of works 
and/or other subject -matter of related rights, prior to their use;  
 
b) to request information from collective management organization s regarding the managed 
repertoire, the remuneration to be paid, as well as other licensing conditions;  
 
c) to participate in the negotiation of methodologies, in accordance with the procedure 
ptovided for  in Article 100;  
 
d) to appeal to  the Med iation Committee or the Arbitration speciali zed in the field of 
intellectual property in order to resolve any possible conflicts with the collective management 
organization s. 
 
(2) Users shall have the following obligations:  
 
a) to request the consent of the author or rightholder or licensee from the collective 
management organization  for the use of protected works and/or other subject -matter prior to their 
use; 
 
b) to use only protected works and/or subject matter for which th ey have obtained the consent 
or license of use;  
 
c) to pay to the author, rightholder or collective management organization , as the case may be, 
the corresponding remuneration for the use of protected  works and/or other subject -matter;  
 
d) to provide the collective management organization , in written or electronic form approved 
by AGEPI, with the report on the use of works and subject -matter of related rights, within the 
deadlines set out in the methodologies;  
 
e) to provide the collectiv e management organization  with the information and documents that 
are necessary for the collection of rights revenue and for the distribution and payment of amounts  
due to authors or rightholders;  
 
f) to enforce  the moral rights of authors and rightholders  of protected works and other subject -
matter used.  
 
 
Section 8  
 
Control of the Activity of Collective Management Organization s 
 
Article 106. Control of the Activity of Collective Management Organization s 
 
(1) The control of the activity of collective mana gement organization s shall be  carried out by 
AGEPI, with the possibility of attracting, as appropriate, specialists/experts from outside, according 
to the procedures established by the order of the Director  General of AGEPI.  
  
91 
 (2) The control procedure and the documents to be submitted by collective management 
organization s shall be determined by Government Decision.  
 
(3) AGEPI shall perform once a year the overall control of the activity of the collective 
management organization . During the period between two general annual controls, AGEPI shall 
have the right to carry out special controls on the basis of complaints submitted by right holders, 
including members of the organization  and users, or from other relevant sources, which contain 
information that gives rise to reasonable doubts as to the compliance of the organization ’s activity 
with the provisions of this Law, of other relevant normative acts and of its own statutes.  
 
(4) The annual and special control performed  by AGEPI shall be carried out only with the 
prior notification of the controlled collective management organization , at least 5 working days 
before it is carried out.  
 
(5) The controlled collective management organization  shall be  obliged to ensure, at the 
initiation of the control and during its duration, the presence of the Director  General or the 
representative.  
 
(6) As a result of each control referred to in para graph  (3) of this Article, AGEPI shall draw up 
the control act, which shall contain the conclusions of the Control Committee relating to the 
violations  found.  
 
(7) Within 5 days of the communication of the control act, the collective management 
organization  may formulate observations  on the conclusions of the control, accompanied by 
additional supporting documents, if they have not been submitted during the control. The 
observations shall be annexed to the control act and the Control Committee shall examine them  and 
shall communicate their acceptance or refusal  within 10 days of receipt.  
 
(8) In case of detection of irregularities, based on the conclusions contained in the control act, 
AGEPI shall grant  the collective management organization s a time line for solv ing irregularities and 
shall communicate the control act to the General Assembly of the controlled collective management 
organization , which will debate it during the first ordinary meeting.  
 
Article 107. Violation by the Collective Management Organization  of the Provisions of this 
Law 
 
(1) Where  it is found that the collective management organization  does not comply with the 
obligations imposed by this Law, with the exception of those whose violation  is punishable by 
administrative or criminal penalties, AGEPI shall  order one of the following measures:   
 
a) grants the collective management organizati ons a deadline for removing the  irregularities 
identified in their activity ; 
 
b) revokes the decision to designate the collector for failure to comply with the obligations 
provided for  in Article 103 para graph  (7); 
  
92 
 c) suspends the activity of the collecti ve management organization  for a period comprised 
between 6 months and 1 year, in the event of failure to comply in due time limit with the measures  
ordered in accordance with let ter a); 
 
d) revokes the decision on endorsement in case of non -compliance wit h the obligations laid 
down in Article 84 para graph  (1). 
 
(2) The measures provided in accordance with para graph  (1) let ter a) shall be clear, precise 
and with an indication of the legal basis.  
 
(3) Decisions issued by AGEPI pursuant to para graph  (1) may be challenged under the terms 
of the Administrative Code.  
 
(4) The measure provided for  in para graph  (1) let ter c) shall cease on the expiry of the time 
limit, provided that the obligations for the non -compliance for which it has been ordered have  been 
fulfilled. If these obligations have not been fulfilled, the decision on endorsement shall be revoked.  
 
(5) The suspension of the activity of the collective management organization  and the 
revocation of the decision to endorse it shall be without pre judice to the status of a non -commercial 
organization , conferred by Law No 86/2020 on Non-Profit  Organization s. 
 
(6) AGEPI shall verify the enforcement of the measures ordered on the basis of the documents 
and information submitted by the collective management organization  within the time limits granted 
under para graph  (1). 
Article 108. Disputes between the Parties  
 
(1) Disputes between collective management organization s, members of collective 
management organization s, rightholders or users of protected works and other subject -matter with 
regard to the provisions of this Law may be submitted for examination to the Me diation Committee 
or to the Arbitration speciali zed in the field of intellectual property.  
 
(2) The provisions of para graph  (1) shall not restrict the right of parties to bring an action 
before  the court.  
 
Chapter XIV   
 
ENFORCEMENT OF RIGHTS  
MEASURES, PR OCEDURES AND REMEDIES  
 
Article 109. Infringement  of Rights  
 
(1) The infringement  of the rights recogni zed and protected by this Law shall entail civil, 
administrative or criminal liability, as the case may be.  
 
(2) The measures, procedures and remedies set out in this Chapter are intended to ensure 
compliance with the rights and obligations provided for in  this Law. They shall be  applied in a fair 
and equitable manner, shall  not be unnecessarily complicated or costly and shall entail reasonable 
time limits so as not to cause undue delays.   
93 
  
(3) The enforcement of measures, procedures and remedies shall  be effective, proportionate 
and dissuasive, shall avoid the creation of obstacles to legal trade and provide protection against 
their abusive use.  
 
(4) The procedural provisions laid down in t his Law shall be supplemented by those  of 
common  law.  
Article 110.  Action in Relation to Infringement  of Rights  
  
(1) Natural or legal persons who have claims regarding the use of works and subject -matter 
protected by copyright or related rights or other  rights protected by this Law shall have the right to 
initiate actions before the competent court or to bring proceedings before another authority for the 
enforcement of the measures, procedures and remedies provided for in this Chapter.  
 
(2) The followin g persons shall be entitled to seek application  of the measures, procedures and 
remedies set out in this Chapter:  
 
a) the authors, holders of copyright and related rights or authorities empowered to protect their 
rights;  
 
b) other persons benefiting of suc h rights, especially licensees;  
 
c) organization s for collective management  of copyright and/or related rights;  
 
d) professional organization s and other representatives of holders of copyright and related 
rights and licensees.  
 
(3) For the purpose of appl ying the measures, procedures and remedies provided for in this 
Chapter, it shall be sufficient that the name of the author or the holder of the copyright is mentioned 
on the work or other protected subject -matter in order for them , unless proven otherwise , to be 
regarded  as such , and consequently to be entitled  to institute  proceedings against infringement  of 
rights.  
 
 
(4) The provisions of para graph  (3) shall apply mutatis mutandis  to the holders of related 
rights with regard to  their protected subject -matter.  
  
Article 111. Measures for Preserving Evidence   
 
(1) Until an action is brought before court, the competent court may , at the request of the 
claimant  who presents  accessible and sufficient evidence to support his/her claim s that his/her rights 
have been infringed or are about to be infringed, order provisional measures to preserve evidence , 
subject to the protection of confidential information, ,. 
 
(2) Measures for preserving evidence  may include the detailed description, with or without the 
taking of samples, or seizure of the infringing  goods , and, where appropriate, the materials and  
94 
 instruments used in the production and/or distribution of the se goods and the documents relating 
there to. 
 
(3) The m easures provided for  in para graph  (1) may be ordered  subject to the lodging by the 
claimant of a security or an equivalent assurance  intended to ensure compensation for any damage 
caused to the defendant.  
 
(4) The procedure for applying assurance measures for preserving evidence shall be used by 
the court or other competent authority in accordance with the respective provisions of the Code of 
Civil Procedure.  
 
(5) The measures referred to in para graph  (1) shall be taken, if necessary , without the 
defendant  having been heard, in particular where  any delay is likely to  cause irreparable harm  to the 
claimant or where  there is a risk of destruction of evidence. The court injunction shall be brought to 
the attention of the affected party immediately after the execution  of the measures  at the latest . 
 
(6) A review, including a right to be heard, shall take place upon  request of the parties affected  
with a view  to decid ing, within a reasonable period after the notification of the measures, whether 
they shall  be modified , revoked or confirmed.  
 
(7) Measures for preserving evidence shall , upon  request by the defendant who ret ains the 
right to claim compensation , be revoked  or cease to have effect, if the claimant  does not bring an 
action before the court within 20 working days from the date of pronouncing the conclusion on 
preservation of evidence.  
 
(8) Where  the measures provided for  in para graph  (1) are revoked  or lapse  due to any act or 
omission by the claimant, or where it is  subsequently found that there has been  no infringement  or 
imminence of infringement  of copyright, related rights or other rights prot ected by this Law, the 
court may order the claimant, upon  request of the defendant, to pay a compensation corresponding 
to the damage caused.  
 
Article 112.  Presentation and Preservation of Evidence in Action in Relation to Infringement  
of Rights  
 
(1) At the request of a party which has present ed sufficient and reasonable evidence to support  
its claims, as well as information that certain evidence is under the control  of the oppos ing party, the 
court may order th at such  evidence be presented by the other party, subject to the  protection of 
confidential information.  
 
(2) Where the infringement  is committed on a commercial scale, the court may order, at the 
request of a party, the submission of banking, financial or comme rcial documents, which are under 
the control of the opposi ng party, subject to the  protection of confidential information.   
 
Article 113.  Right of Information  
 
(1) In the context of an action referring to the infringement  of a right provided for by this La w 
and in response to a justified and reasonable request of the claimant, the competent court may order 
that information on the origin and distribution  networks of the goods or services infring ing a right  
95 
 provided for by this Law be provided by the person who has infring ed the rights or any other person 
who:  
 
a) was found  in possession of the pirated goods on a commercial scale;  
 
b) was found to be using on a commercial scale services infringing  the rights provided by this 
Law;  
 
c) was found to be provid ing on a commercial scale products or services used in activities 
infringing  the rights provided by this Law;  
 
d) was indicated by the person referred to  in let ter. a), b) or c) as being involved in the 
produ ction, selling, manufacture, distribution or rental of pirated goods or access control pirated 
devices or the provision of products or services infringing  the rights protected by this Law.  
 
(2) The information referred to in para graph  (1) shall , as appropr iate, comprise :  
 
a) the names and addresses of the producers, distributors, suppliers, previous holders of the 
goods or services, as well as the wholesale rs and retail ers;  
 
b) information on the quantities of goods or services produced, manufactured, delivered, 
received or ordered, as well as their price.  
 
(3) The provisions of para graph  (1) and (2) shall apply without prejudice to other legal 
provisions which:  
 
a) grant  the rightholder rights to receive  more detailed information;  
 
b) govern  the use in civil or criminal proceedings  of the information communicated pursuant 
to this Article;  
 
c) govern responsibility  for misuse  of the right of information;  
 
d) afford an opportunity  for refusing to  provi de information which  would force  the person 
referred to  in para graph  (1) to recogni ze his/her direct participation or that of close relatives in a n 
infringement  of copyright, related rights or other rights protected by this Law;  
 
e) govern  the protection of confidentiality of information sources or the processing of personal 
data.  
 
Article 114.  Preserving Measures in Actions in Relation to  Infringement  of Rights  
 
(1) If a n infringement  or imminence of an infringement  of the rights provided for in this Law 
has been found, the court may, at the request of the claimant, namely:  
 
a) issue against the defendant and/or intermediaries  an inju nction  intended  to prevent any 
imminent infringement  of a right, to forbid, on a provisional basis and  subject  to a recurring  
pecuniary sanction  where provided for by this Law , the continuation of the alleged infringement s of  
96 
 that right , or to require the lodging  of guarantees intended to ensure the compensation to the 
claimant;  
 
b) order the seizure or confiscation of the goods suspected of  infring ing a right provided by 
this Law, so as  to prevent their introduction or distribution in the commercial circuits.  
 
(2) Within the meaning of  paragraph  (1), intermediaries shall mean acc ess providers who 
provide users only with access to Internet, without offering other services such as e -mail, FTP or file 
sharing services or without exercising control, de jure  or de facto , over the services which users use.  
 
(3) In the event of a n infrin gement  committed  on a commercial scale, the competent court may 
order, if the injured party demonstrates the existence of circumstances likely to endanger  the 
recovery of  damage s, the action of seizure of  the movable and immovable property of the person 
who is supposed to have infringed  the rights, including the blocking of his/her bank accounts and 
other assets. To that end , the competent court may request the submission of  t bank, financial or 
commercial documents or access to the relevant information.  
 
(4) The measures referred to in para graph  (1) shall , where appropriate, be taken without the 
defendant  having been heard, in particular where  any delay would  cause irreparable damage to the 
claimant , or where  there is a risk of destruction of evidence. The  court injunction  shall be 
immediately brought to the attention of the affected party, immediately after the execution of  the 
measures  at the latest .  
 
(5) A review, including a right to be heard, shall take place upon  request of the affected parties 
with a view  to decid ing, within a reasonable period after the notification of the measures, whether 
they should be modified , revoked or confirmed.  
 
(6) The preserving measures shall , upon  request of the defendant who retain s the right to claim 
compensation,  be revoked  or shall cease to have effect , if the claimant fails to bring an action on the 
merits of the case  within 20 working days from the date of pronouncing the decision on preservation 
of evidences.  
 
(7) Where  the me asures referred to in para graph  (1) are revoked  or lapse  due to  any act or 
omission by the claimant, or where  it is subsequently found that there has been  no infringement  or 
imminence of infringement  of copyright, related rights or other rights protected by this Law, the 
court may order the claimant, upon  request of the defendant, to pay a compensation corresponding 
to the damage caused.    
 
(8) The court may order the measures provided for in para graph  (1) and (3) subject to the  
lodging by  the claimant of a security or equivalent assurance  intended to ensure compensation for 
any damage caused to the defendant, as provided for  in para graph  (7). 
 
Article 115.  Corrective Measures  
 
(1) Without exempting him /her from any damages due to the rightholder as a result of the 
infringement  and without compensation  of any sort, the court may order, at the  request of the 
claimant, that appropriate measures be taken with regard to  goods that it has foun d to be infringing  a  
97 
 right provided for by this Law and, where appropriate, with regard to materials and equipment 
which have been used in the  creat ion or manufacture those goods. Such measures shall include :  
 
a) temporary withdrawal from the commercial ci rcuit;  
 
b) definitive removal from the commercial circuit; or  
 
c) destruction.  
 
(2) The measures referred to in para graph  (1) shall be carried out at the expense of the 
defendant, unless particular reasons  are invoked for not doing so .  
 
(3) In examinin g the request for corrective measures, the court will be guided by the principle 
of fairness, taking into account the seriousness of the infringement , the corrective measures  ordered 
as well as the interests of third parties.  
 
Article 116.  Ensuring the Enforcement of the Court Decision  
 
(1) Where  a court decision is taken finding an infringement  of copyright, related rights or 
other rights protected by this Law, the court may issue a n injunction , ordering the defendant or 
intermediary to terminate any action constituting a n infringement  of those rights.  To this end, the 
court may require the lodging by the defendant of an appropriate security or equivalent guarantee.  
  
(2) Non-compl iance  with the decision referred to in para graph  (1) shall, where appropriate, be 
subject to a  recurring  pecuniary penalty with a view  to ensur ing compliance . 
 
Article 117.  Alternative Measures  
 
In appropriate cases and at the request of the person liable to be subject to the measures 
provided for in this Chapter, the court may order pecuniary compensation to be paid instead of 
applying the  provisional measures p rovided for by this Law, if all of the following conditions are 
met: 
 
a) that person acted unintentionally or without negligence;  
 
b) execution  of the measures to be established would cause that person disproportionate harm 
if compared to the act committed ; 
 
c) pecuniary  compensation is reasonably satisfactory.  
 
Article 118. Damages  
 
(1) At the request of the persons referred to in Article 110 para graph  (2), the competent court 
shall order the person who has infringed  a right provided for by this Law and wh o knowingly or 
with reason able grounds  to know, engaged in an infringing activity, to pay the defendant  damages  
appropriate to the actual prejudice  suffered by him/her as a result  of the infringement of his/her 
right.  
  
98 
 (2) When the competent court sets the damages : 
a) it shall  take into account all appropriate  aspects, such as the negative economic 
consequences , in particular lost profits, which the injured party  has suffered , any unfair profits  made 
by the person who committed the infringement  of the rights and, where appropriate, elements other 
than economic factors, such as the non-material prejudice  caused to the rightholder by the 
infringement of  his/her rights; or  
 
b) as an alternative to a), it may dec ide, where  appropriate, to set damages as  a lump sum on 
the basis of elements  such as at least the amount of remuneration s or rights which  would have been 
due if the person who has infringed  the rights had requested authori zation to use the right provided 
for by this Law.  
 
(3) Where the person  did not knowingly , or with reasonable grounds to know, engage in 
infringing activity, the court may order  the recovery of profits  or the payment of damages,  which 
may be pre-established . 
 
Article 119.  Publication of Court Decisions  
 
(1) In legal proceedings instituted for infringement  of copyright, related rights or other rights 
protected by this Law, the court may order, at the request of the claimant and at the expense of the 
person who has infringed  the rights, appropriate measures for the  disseminat ion of the  information 
concerning  court decisions, including displaying it or publishing it in full or in part.  
 
(2) The competent court may also order additional publicity  measures which are appropriate  to 
the particular circumstances, including prominent  advertis ing. 
 
Article 120.  Violation of Provisions on Technical Protecti on Measures and Rights 
Management Information  
  
(1) It shall be  prohibited the manufacture , import, distribution, sale, rent al, advertis ement  for 
sale or rent al, or possession for commercial purposes of devices, products or components, or the 
provision of services which:  
 
a) are promot ed, advertise d or marketed  for the purpose of non -compliance;  
 
b) have only a limited commercial significant purpose or use other than non -compliance; or  
 
c) are primarily designed, produced, adapted or performed  for the purpose of  enabl ing and 
facilitat ing the non-compliance with any effective technical measures.  
 
(2) In the event of violation  of the provisions relating to the technical protecti on measures 
provided for in Article 60 and to the rights  management information provided for in Article 61, 
whether or not it ended in the infringement  of copyright, related rights or other rights protected by 
this Law, the same measures, procedures, remedies and penalties as provided for in this Chapter and 
the relevant normative acts for the infringement  of copyright, related rights or other rights prot ected 
by this Law shall apply.  
  
99 
 (3) In the case of counterfeit copies  and equipment used for the purpose of counterfeit ing, the 
measures, procedures, remedies and penalties referred to in para graph  (2) shall also apply mutatis 
mutandis  to the equipment, pr oducts, components provided for  in para graph  (1). 
 
Article 121.  Social and Legal Protection of Authors and Rightholders  
 
(1) Equipment, drawings, mockups, manuscripts and any other similar goods which serve 
directly to create a work giving rise to a copyr ight cannot be the subject of enforcement proceedings .  
 
(2) Remuneration due to authors and performers as a result of the use of works and other 
protected subject -matter shall enjoy  the same protection as wage s, including in the sense that it can  
only be pursued in enforcement proceedings under  the same conditions as wages .  
 
(3) Court decisions on the receipt of remuneration shall be enforced immediately after the 
pronouncement  if the court deems it necessary.  
 
 
Chapter XV  
 
FINAL AND TRANSITIONAL PROV ISIONS  
 
Article 122. Final Provisions  
 
(1) This Law shall enter into force within one month from the date of publication in the 
Official Gazette of the Republic of Moldova, with the exception of the provisions of Article 77, 
which shall enter into force on 1 January 2025.  
 
(2) Within 6 months from the date of entry into force of this Law, the Government shall : 
 
a) develop  and submit to the Parliament proposals on bring ing the legislation into force in 
accordance with this Law;  
 
b) bring its normati ve acts in accordance with this Law and ensure the elaboration of the 
normative acts necessary for its implementation ; 
 
c) ensure the revision and repeal of the normative acts which are contrary to this Law.  
 
(3) On the date of entry into force of this Law , the Law No. 139/2010 on Copyright and 
Related Rights (Official Gazette of the Republic of Moldova, 2010, No. 191 -193, Article 630), as 
amended, shall be repealed.  
 
(4) In Article 7 of Law No . 114/2014 on the State Agency on Intellectual Property (Officia l 
Gazette of the Republic of Moldova, 2014, No. 282 -289, Article 600), as amended, para graph  (2) 
shall be  amended as follows:  
 
in let ter a), the word “intellectual” shall be  replaced by the word “industrial” and the word 
“intellectual” shall be  replaced by the word “industrial”;  
  
100 
 in let ter o), the word “industrial” shall be  replaced by the word “intellectual”;  
 
letter r) shall be repealed;  
letter s) shall have the follow ing wording : 
 
“s) approve the establishment of collective management organization s and common 
collection structures;”  
 
the paragraph shall be supplemented by points (t) to (w) with the following wording:  
 
“t) designate the collector in case of rights  managed  mandatory collectively or through 
extended collective management;  
 
u) perform annual and special controls of the activity  of the collective management 
organization s and common collection structures;  
 
v) monitor the functioning of collective management organization s and common collection 
structures;  
 
w) issue, on behalf of the State, certificates on the registration of subject -matter s of 
copyright and related rights in the State Register of Subject -Matters Protected by Copyright and 
Related Rights.”  
 
Article 123. Transitional Provisions  
 
(1) Within 3 months from the date of entry into force of this Law, collective management 
organizat ions which, on the date of entry into force of this Law, carried out their activities in 
accordance with the provisions of Law No. 139/2010 on Copyright and Related Rights, shall:  
 
a) bring their statutes in accordance with the provisions of Article 85 and , under the conditions 
laid down therein, register the statutory amendments  with the competent body;  
 
b) be re -endorsed by AGEPI in accordance with the provisions of Article 84.  
 
(2) The tariffs in force set out in the licensing agreements with users shal l apply until 31 
December 2022  
 
(3) Until the conditions laid down in para graph  (1) of this Article are fulfilled, collective 
management organization s which, on the date of entry into force of this Law, carried out their 
activity in accordance with the provisions of Law No. 139/2010 on Copyright and Related Rights, 
shall continue to operate under the terms of the endorsement s and decisions issued by AG EPI on the 
basis of Law No. 139/2010 on Copyright and Related Rights.  
 
(4) Where the time limit and conditions provided for  in para graph  (1) have not been complied 
with:  
a) the collective management organization s lose their status as a collective management 
organization , which is established  by decision of the Director General of AGEPI;  
  
101 
 b) all licenses issued to users shall become null and void.  
 
(5) After the expiry of the time limit provided for  in para graph  (2) of this Article, the tariffs 
established in accordance with the methodologies negotiated and approved under the conditions of 
Articles 99 to 101 shall apply.  
 
(6) The protection provided for in this Law shall apply to protected works and other subject -
matter created before the entry into force of this Law, or which, on the date of entry into force of the 
Law, fulfil the criteria for protection established under the provisions of this Law, except for the 
case when such enforcement will affect contracts co ncluded or rights granted/conferred 
previously/until that date.  
 
(7) This law is without prejudice to any acts concluded under the conditions of Articles 30 and 
31 of Law No. 139/2010 on Copyright and Related Rights or any rights acquired by succession.  
 
 
 
VICE -CHAIRMAN  OF THE PARLIAMENT        Mihail POPȘOI  
No. 230. Chisinau, 28 July 2022.  
Annex  
List of Equipment and Physical  Media 
for Which Compensatory Remuneration shall be Paid for Private Copy 
No. Equipment/ Physical M edia Codes  
  
1 MP3 Player  852713100  
2 PC/Tablets  847130000, 847141000  
3 Set-top box  852871190, 852871910,  
  852871150  
4 Smartphone  851712000  
5 E-reader  854370050  
6 Game consoles  950450000  
7 Smartwatch  910212000  
8 CD/DVD  852341, 852380100  
9 SSD/HDD  847170500  
10 USB drive, Memory cards (SD, 
MicroSD, MiniSD, etc.)  852351100