LAW OF THE REPUBLIC OF MOLDOVA

of November 23, 1994 No. 293-XIII

About copyright and the related rights

The parliament adopts this law.

Chapter I GENERAL PROVISIONS

Article 1. Legal basis

(1) Copyright and the related rights, protection of these rights and responsibility for their violation are regulated by the Constitution, this law and other regulations.

(2) This law governs the relations connected with creation and use of literary works, arts and sciences (copyright), execution, soundtracks and transfers of the organizations of radio television (related rights).

Article 2. International agreements

If the international treaty of the Republic of Moldova establishes other regulations, than those which contain in this law are applied regulations of the international treaty.

Article 3. Basic concepts

In this law the following concepts are used:

the author - physical person which creative activity creates the work;

the database - compilation of these or other materials both in machine-readable, and in other form, representing result of creative activity on matching and arrangement of content;

the audiovisual work - the work consisting of series of the personnel connected among themselves (with soundtrack or without it) making impression of movement and intended for visual and acoustical (in case of soundtrack) perceptions;

the collective work - the work created by two or more physical persons on initiative and under the direction of physical person or legal entity provided that the work will be published by the last under the name;

the derivative work - the product of intellectual creativity based on other work (transfer, adaptation, performance, alteration etc.);

the computer - the electronic or similar device capable to information processing;

use - publication (appearance), the public message, public display, public performance, record, delivery in hire (for rent), reproduction, transfer, relaying or other actions for use in any form and in any manner objects author's and the related rights, and also folklore expressions;

the public message (the message for general data) the message in ether (including via the satellite), on cable or in a different way images and (or) sounds of works, execution, soundtracks, transfers of the organizations of broadcasting in such a way that they can be apprehended by persons which are not belonging to regular circle of family or close acquaintances of family at such distances that without such message of the image or sound they cannot be apprehended in the specified places. The message of the coded signals is the message in ether if means of decoding are provided to public by the organization of on-air broadcasting or from its consent;

public display - demonstration of the original or one copy of the work, execution, transfer of broadcasting to the organization it is direct or on the screen by means of film, slide, shot or other devices or processes (except the message in ether or on cable) in such a way that they can be apprehended by persons which are not belonging to regular circle of family or close acquaintances of family; public display of the audiovisual work is demonstration of its separate images out of their sequence;

transfer of broadcasting to the organization - the program created by the organization of on-air or cable broadcasting or by its order at the expense of its means other organization;

soundtrack - exclusively sound record of any execution of other sounds or their displays, except the sound record included in the audiovisual work. Copy of soundtrack is the copy of soundtrack on any material carrier made directly or indirectly from other soundtrack and including all sounds or part of the sounds fixed in this soundtrack;

the contractor - the actor, the conductor, the singer, the musician, the dancer or the other person who plays role, sings, tells or otherwise performs the literary work, arts or folklore expressions;

public performance - submission of works, execution, soundtracks, transfers of the organizations of broadcasting by means of the recitation, games, singing or otherwise both in live execution, and by means of different devices and processes (except the message in ether or on cable) in such a way that they can be apprehended by persons which are not belonging to regular circle of family or close acquaintances of family;

record - fixing of sounds and (or) images or their displays by means of technical means in any material form allowing to perform their numerous perception, reproduction or the message;

delivery in hire (for rent) - transfer of right of possession the original or copy of the work or soundtrack for certain term for the purpose of extraction of sure or indirect gain;

information on management of the rights - any information provided by owners of the rights which identifies the work or other object protected by this law, the author or other owner of the rights or information on conditions of use of the work or other object, and also any figures and codes which contain such information taking into account that any such elements of information are designated on copy of the work or other object protected by this law or appeared in connection with publication and the public message on this work or object;

technical means of protection of copyright and related rights - any technical devices or their components controlling access to works or objects of the related rights, preventing or limiting the actions concerning works or objects of the related rights which are not permitted by owners of any right protected by this law;

the organization for management of property rights on collective basis - the specialized legal entity founded directly by owners author's or the related rights, registered according to the legislation which activities in the field of collective management property author's or the related rights are performed according to this law and within the powers delegated to it by owners author's or the related rights;

the manufacturer of the audiovisual work - physical person or legal entity, on initiative and under which responsibility the audiovisual work is created;

the producer of soundtrack - physical person or legal entity, on initiative and under which responsibility the first record of sounds of execution or other sounds or displays of sounds is performed;

the computer program - set of instructions and instructions (teams) expressed as words, codes, schemes which, being expressed in machine-readable form, puts the computer in action for achievement of particular purpose or result. The computer program includes as the preparatory materials received in the course of creativity, and the audiovisual displays generated by it;

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