Moldova

Legal background

Scope and duration of copyright

Does copyright end immediately after the minimum period mandated by the Berne Convention? No
Literary works, audiovisual works, as well as anonymous works are protected throughout the life of the author and 70 years after death. Performer's rights, manufacturer's of videograms, rights of broadcasting organizations are protected for 50 years. Works for applyed arts - 25 years, database - 15 years.
Art. 23 LCRR
Has a court or tribunal ever limited the exercise of IP rights under competition law, for example by imposing compulsory licensing or regulating royalties charged by dominant rights holders? In part
Has a court or tribunal ever limited the exercise of IP rights pursuant to a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech? No
Can databases of non-original material be reproduced without infringing a copyright or sui generis database right? No
Databases are considered a compilation of data or other materials, whether or not they are protected by copyright or related rights. Protection of database applies regardless of whether the database or its contents are not liable for protection or copyright or other rights.
Art. 3 LCRR; Art. 40 (4) LCRR
Are rights holders prohibited from excluding user rights under copyright law? In part
Is computer software excluded from the scope of patentable subject matter? Yes
Objects of copyright are also computer programs that are protected as literary works.
Art. 7 (2) b LCRR

Freedoms to access and use

By Home UsersIs there any general user right that is based on a set of balancing criteria, such as a "fair use" right? Yes
It referes to copyright limitations and exceptions.
Art. 24-28 LCRR
Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)? Yes
Reproduction of copyrighted published works is permitted without the consent of the author or other copyright holder without compensatory remuneration for printing audio and / or video tapes, laser discs, compact discs, etc. in home conditions and used by a natural person exclusively for personal use.
Art. 26. (4), c) LCRR
Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes? Yes
Reproduction of copyrighted published works is permitted without the consent of the author or other holder of copyright, when the reproduction is made by an individual exclusively for personal use and if not seeking any direct or indirect commercial advantage. Also this is acceptable for reproduction when it is made by libraries and archives and does not seek to obtain economic or commercial advantage, directly or indirectly, but to replace copies lost, destroyed or rendered unusable, or to make copies available to other libraries or archives or users.
Art. 26. alin.1 & Art. 27 1 (a) LCRR
Can works be communicated to a limited public (for example, family and friends) without infringing copyright? Yes
Public demonstration of copyrighted material can be presented for regular family circle or close acquaintances without consent of the author.
Art. 26 LCRR
For EducationMay students copy works for private research or study? Yes
It is permitted without the consent of the author or other holder of copyright and without payment of royalties, but subject to mentioning the name of the author whose work is used for study or research purposes.
Art. 28 LCRR
Does any such research and study provision cover distance and online education? Yes
Are permitted without the consent of the author or other holder of copyright and without payment of any remuneration the use by communication or making available to the public in interactive mode using equipment, for private study or research by individuals on the premises of academic institutions, libraries and archives.
Art. 27(b) & 28 LCRR
May translations of works be made for educational purposes? No
Translation or other derivative work can be done only with the consent of the original work.
Art. 16 LCRR
May educators copy works for use in the classroom? Yes
Are permitted without the consent of the author or other holder of copyright and without payment of any remuneration use of works as illustrative material in publications, broadcasts or sound or video prints of the teaching, provided that the source and the author, except where this is impossible, and the extent justified by the attainment of a non-commercial purposes.
Art. 28 (b) LCRR
OnlineAre temporary or transient copies, incidental to a lawful use, excepted from copyright? Yes
Without the consent of the author or other holder of copyright and without payment of royalties, to allow temporary reproduction acts of reproduction of works if are transient or incidental.
Art. 24 LCRR
Does the law exclude or limit the liability of intermediaries such as ISPs for copyright infringements carried out on their network? Yes
Natural or legal person providing hosting services and / or data (internet/intranet), including internet-provider, is not responsible for the illegal actions of others who use its services and violate copyright and/or Related Rights.
Art. 66 (2) LCRR
Is Internet access free of ISP filtering or monitoring for potential copyright-infringements? In part
By content creatorsIs there any protection for consumers who non-commercially remix or mash up copyright works? No
Copyright holder has an exclusive right to make or authorize derivative works.
Art. 16 (2) LCRR
May computer software be reproduced or transformed for the purpose of reverse-engineering interoperable software? Yes
The consent of the author or other holder of copyright is not necessary when copying the code and translation of its form that is needed to obtain information necessary to ensure interoperability with another computer program independently created by other authors.
Art.29 (4) LCRR
Is the incidental inclusion of a work in other material permitted? No
Is there are copyright exception for parody or satire? Yes
Are permitted without the consent of the author or other holder of copyright and without payment of any remuneration for use of works in order to caricature or parody.
Art. 28 (m) LCRR
By the pressIs there a copyright exception for the news of the day? Yes
Copyright protection shall not extend to the news of the day and various facts that a simple information.
Art. 8 (d) LCRR
May copyright material be reproduced for the purposes of review and criticism? Yes
Are permitted without the consent of the author or other holder of copyright and without payment of any remuneration for the use of small proportions quoted in another work, the purpose of research or critical.
art. 28 (a) LCRR
May quotations be used for any purpose? Yes
Are permitted without the consent of the author or other holder of copyright and without payment of any remuneration following actions use of small proportions quoted in another work, the purpose of research or critical, provided that they relate to a work or other subject matter which has already been made by indicating the source and the author.
Art. 28 LCRR
By LibrariesMay libraries copy works if they cannot reasonably be obtained commercially? Yes
Is permitted without the consent of the author or other holder of copyright and without payment of royalties be reproduced by libraries and archives if this does not seek to obtain economic or commercial advantage, directly or indirectly.
Art. 27 (a) LCRR
May librarians copy works for users for the purpose of research or study? Yes
Is permitted without the consent of the author or other holder of copyright and without payment of royalties be reproduced by libraries and archives if this does not seek to obtain economic or commercial advantage, directly or indirectly.
Art. 27 (1) LCRR
Are libraries allowed to make preservation or archive copies of materials in their collections? In part
Is permitted to transfer the works in electronic form in the public domain for archiving by libraries without getting an economic or commercial advantage, directly or indirectly.
Art. 28 (q) LCRR
Can lending libraries operate without incurring public lending rights fees to copyright owners?
By disabled usersIs it permissible to copy or adapt work for the use of those with disabilities? Yes
Is permitted to copy works for the benefit of visually impaired people, with direct link to the deficiency and is of commercial nature, to the extent required by such use.
Art. 28 (h) LCRR
In public affairsAre laws excluded from copyright? Yes
Are other governmental works either excluded from copyright, or routinely shared under permissive licences? Yes
Copyright protection shall not extend to official documents of normative, administrative or political (laws, court decisions, etc.), as well as their official translations.
Art. 8 LCRR
Are the results of publicly funded research required to be published under an open access licence? No

Freedoms to share and transfer

Do copyright owners have the right to release their works to the public domain, without any limitation on how those works may be used? Yes
Can public domain works be used without the need for any payment or registration of the use? Yes
On expiry of the protection of property rights, the work enters the public domain. Works in the public domain can be used freely, provided they respect the moral rights of authors and other holders of rights.
Art. 23 (9) LCRR
Does the law make special provision for the legal use of orphaned works? No
Is parallel importation of copyright works permitted? Yes
Art.27 LCRR
Are there national programmes or policies to promote the use, production or dissemination of openly-licensed material such as free and open source software or open educational resources? Yes
Following the International Seminar "OPEN ACCESS (OPEN ACCESS): EXPLORING THE SCIENTIFIC COMMUNICATION", organized by eIFL.net. Consortium eIFL Direct Moldova in June 2008 in Moldova was developed a Statement on Open Access, approved at the Annual Conference of the Library Association of Moldova.
Are there national programmes or policies that specify or promote the use of open document formats? In part

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual? 1676 $ (20000 MDL) Art. 185/1 PC
What is the maximum penalty for copyright infringement for a corporation? 6707 $ (80000 MDL) Art. 185/1 PC
Is innocent infringement of IP treated differently by the law? In part
Art 2 LCRR
Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for legal purposes? In part
Art. 53 LCRR
Is the use of such devices by consumers or intermediaries permitted in the legal exercise of user rights? In part
Does national copyright or consumer protection law require that the effect of TPMs distributed with copyright works be disclosed to consumers? In part
Are there cases in which the availability of injunctive relief for IP infringement is limited by the law on public policy grounds? No
Does the law protect a user's Internet access from being suspended for alleged copyright infringement, except after a hearing in court? In part
Are criminal sanctions limited to cases of large-scale commercial counterfeiting? Yes
Are damages for copyright infringement limited to the loss sustained, rather than a pre-established or statutory damages award? Yes
Art.63 LCRR
Is there provision to penalise the wrongful allegation of copyright infringement? No
Is there provision to penalise the obstruction of consumers' exercise of user rights? No
Does the patent system allow for pre-grant opposition?

Recent or upcoming changes

Summary of position

Current Moldovan law was approved in 2010, following a campaign “Advocacy for Fair Copyright Laws: the role of libraries” with eIFL Direct Moldova, the Library Association of Moldova and Freedom of Expression and Access to Information Promotion Center “Access-info”. The law has a relatively wide system of exceptions and limitations from copyright, but still needs to be updated in order to follow technological developments.

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