Proiect de modificare și completare a Legii nr.139 din 02.07.2010 privind dreptul de autor şi drepturile conexe. (In limba Engleză)

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Draft
PARLIAMENT OF THE REPUBLIC OF MOLDOVA
Law
On Amendments and Additions to Some Legislative Acts
This Law is a transposition of: Articles 3 - 22, Articles 33 - 36, paragraph (2) of the
Preamble and Annex to Directive 2014/26/EU of the European Parliament and the Council of
February 26, 2014 on collective management of copyright and related rights and multi-territorial
licensing of rights in musical works for online use in the internal market, published in the Official
Journal of the European Union L 84 of March 20, 2014; Article 1 (3), Article 9 (1) and Article 10
of the Council Directive 93/83/EEC of September 27, 1993 on the coordination of certain rules
concerning copyright and related rights applicable to satellite broadcasting and cable
retransmission, published in the Official Journal of the European Union L 248 of October 6, 1993;
paragraphs (35), (37) and (38) of the Preamble and Article 5 (2) of Directive 2001/29/EC of the
European Parliament and the Council of May 22, 2001 on the harmonisation of certain aspects of
copyright and related rights in the information society, published in the Official Journal of the
European Union L 167 of June 22, 2001, as last amended by Directive 2017/1564 of the European
Parliament and the Council (EC) of May 22, 2001; Article 13 of Directive 2004/48/EC of the
European Parliament and the Council of April 29, 2004 on the enforcement of intellectual property
rights, published in the Official Journal of the European Union L 157 of April 30, 2004, and Article
2 (b), Article 5, Article 12 , Article 14, Article 15 (1) of Directive 2000/31/EC of the European
Parliament and the Council of June 8, 2000 on certain legal aspects of information society services,
in particular electronic commerce, in the internal market (Directive on electronic commerce),
published in the Official Journal of the European Union L 178 of July 17, 2000.
The Parliament adopts the present organic Law.
Article I. - Make the following amendments and additions to the Law № 139 of July 2,
2010 on Copyright and Related Rights (Official Monitor of the Republic of Moldova, 2010, №
191-193, Article 630) with the subsequent amendments and additions:
1. The Preamble shall read as follows:
"The present Law is a transposition of:
the Council Directive 93/83/EEC of September 27, 1993 on the coordination of certain
rules concerning copyright and related rights applicable to satellite broadcasting and cable
retransmission, published in the Official Journal of the European Union L 248 of October 6, 1993;
Article 2 (b), Article 5, Article 12, Article 14, Article 15 (1) of Directive 2000/31/EC of
the European Parliament and the Council of June 8, 2000 on certain legal aspects of information
society services, in particular electronic commerce, in the internal market (Directive on electronic
commerce), published in the Official Journal of the European Union L 178 of July 17, 2000;
Directive 2004/48/EC of the European Parliament and the Council of April 29, 2004 on the
enforcement of intellectual property rights (the text related to EEA), published in the Official
Journal of the European Union L 157 of April 30, 2004;
Directive 2006/115/EC of the European Parliament and the Council of December 12, 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
December 27, 2006;

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Directive 2001/84/EC of the European Parliament and the Council of September 27, 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 Union L 272 of October 13, 2001;
Directive 2001/29/EC of the European Parliament and the Council of May 22, 2001 on the
harmonisation of certain aspects of copyright and related rights in the information society,
published in the Official Journal of the European Union L 167 of June 22, 2001;
Directive 96/9/EC of the European Parliament and the Council of March 11, 1996 on the
legal protection of databases, published in the Official Journal of the European Union L 77 of
March 27, 1996;
Directive 2009/24/EC of the European Parliament and the Council of April 23, 2009 on the
legal protection of computer programs (codified version) (the text related to EEA), published in
the Official Journal of the European Union L 111 of May 5, 2009, and
paragraph (7) of Article 1 and paragraphs (1)-(2a) of Article 3 of Directive 2006/116/EC
of the European Parliament and the Council of December 12, 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 December 27, 2006;
Articles 3 - 22, Articles 33 - 36, paragraph (2) of the Preamble and Annex to Directive
2014/26/EU of the European Parliament and the Council of February 26, 2014 on collective
management of copyright and related rights and multi-territorial licensing of rights in musical
works for online use in the internal market, published in the Official Journal of the European Union
L 84 of March 20, 2014".
2. In the Law, the words "broadcasting or cablecasting organizations" and the words
"broadcasting organizations" shall be replaced by the words "radio and TV broadcasting
organizations", the words "provision of access in interactive mode" shall be replaced by the words
"communication to the public" and the word "violator" shall be replaced with the words "entity
which violated the rights" in the corresponding grammatical form.
3. In Article 3:
the definition of "communication to the public" shall read as follows:
"Communication to the public is any communication of work carried out directly or by any
technical means in a place open to the public or in any place where a number of people gathered
exceeds the normal circle of family members and its relatives, including presentation in a public
place through the sound or audiovisual recordings, as well as presentation of a work broadcasted
by radio in a public place by any technical means."
the definition of "retransmission" shall be removed;
the following definitions shall be added:
"representation agreement" is any legal act between collective management organizations, under
which one collective management organization authorizes another collective management
organization to manage the rights it represents;
"management fee" is the amounts of actual costs associated with the management of property
rights, withheld from rights revenue for collection (collection fee), distribution (distribution fee)
and payment (payment fee) of remuneration;
"radio broadcasting" is communication of work and/or object of related rights by radio or TV
broadcasting organization by any means used for wireless broadcasting of signs, sounds or images
or for their presentation, including their communication through a satellite for the purpose of
reception by the public or transmission of work or its presentation on air, via wire, cable, optical
fiber cable or by any other similar method, except for open networks, for the purpose of reception
by the public;

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"repertoire" is all works and/or objects of related rights transferred to collective management
organization for management;
"cable retransmission" is simultaneous, unchangeable and complete retransmission by operator of
cable network, including by wire, optical fiber cable or any other similar methods or via shortwave
broadcasting system, for reception by the public of primary transmission, by wires or wireless
communication means, including satellite, of radio or TV programs intended for reception by the
public;
"right holder" is any individual or legal entity, other than a collective management organization,
which by virtue of law or by assignment acquired property copyright and/or related rights, for the
use of which it has the right to receive remuneration;
"statute" is a constituent document of collective management organization;
"user" is any individual or legal entity carrying out actions to use works and/or objects of related
rights, based on the receipt of authorization from the right holders and payment of the established
remuneration or compensation in favor of the right holders;
"rights revenues" are revenues received by collective management organization on behalf of the
right holders, regardless of whether they arise from exclusive rights, right on remuneration or right
on compensation.".
4. In Article 5:
in Part 2, the phrase "occurrence and execution" shall be replaced by the phrase
"recognition and protection"
Part 5 shall be changed and read as follows:
"(5) Property rights shall belong to the author or other right holder."
5. In Article 11(1):
paragraphs g) and h) shall be changed and read as follows:
"g) public communication of work;
h) cable retransmission of work "
paragraph h1
) shall be added as follows:
"h1
) radio broadcasting of work";
Part 3 shall be supplemented with the words "upon authorization of the author";
Part 5 shall be changed and read as follows:
"(5) The right to cable retransmission provided by paragraph h) of Part (1) shall be exercised
only through collective management organization managing property rights."
Part 51
shall be added as follows:
"(51
) Remuneration for the right to retransmission shall be 3% of the revenues received from
the activity of retransmission of programme services, without the value added tax, but not less than
1 leu for subscriber per month.";.
in Part 6:
a) the words "Part (5)" shall be replaced by the words "Part (51
)" and the words "Article 50"
shall be replaced by the words "the present Law";
b) the words "minimum rates approved by the Government" shall be replaced by the words
"established by Part 51
of this Article";
part 7 shall be amended and read as follows:
"(7) If the agreement between representatives of right holders does not contain other
provisions:
a) is accumulated by collective management organization approved or appointed by AGEPI
in the manner prescribed by the present Law;

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b) is distributed in accordance with the methodology approved by the Government, after
withholding the actual costs associated with collective management of rights".
6. Part (4) of Article 12 shall be amended and read as follows:
"(4) To determine the amount of remuneration, establish other provisions, as well as to resolve
possible disputes between the parties, provisions of the present Law shall be applied."
7. In Article 18:
Part 1:
a) in paragraph a), the text "- scenographer" shall be removed;
b) paragraph e) shall be supplemented with a word "cameraman".
Part 3 shall be amended and read as follows:
"(3) Unless otherwise provided by the agreement, the conclusion of a publishing agreement
on creation of an audiovisual work entails the transfer of exclusive rights by the authors of work
to its producer, as well as the right to make subtitling and dubbing of the text, in exchange for a
fair remuneration."
8. In Part (2) of Article 21, paragraphs c) and p) of Article 28, paragraph e) of Part (1) of
Article 34, paragraph e) of Part (1) of Article 35 and paragraph g) of Part (1) of Article 36,
the words "in interactive mode" shall be removed".
9. In Article 23:
in paragraph a) of Part 2, the text "- scenographer" shall be removed.
10. In Article 26:
a new paragraph shall be added as follows:
"(31
) An additional list of equipment and physical media used for such reproductions, for
which compensatory levies are paid, shall be approved by the Government and updated
annually.".
a new paragraph shall be added as follows:
"(13) The Customs Service provides, on request, a collective management organization on a
quarterly basis with information on the import of equipment and physical media specified in Part
3, as well as in the additional list approved by the Government, the information on invoice value
for each importer and for each tariff item separately."
11. In Article 27:
paragraph c) of Part 3 shall be supplemented as follows:
"c) An additional list of equipment used for reprographic reproduction, for which
compensatory levies are paid, shall be approved by the Government and updated annually."
a new paragraph shall be added as follows:
"(12) The Customs Service provides, on request, a collective management organization on a
quarterly basis with information on the import of equipment and physical media specified in Part
3, as well as in the additional list approved by the Government, the information on invoice value
for each importer and for each tariff item separately."
12. In Article 28 paragraph h) shall be amended and read as follows:
"h) the use of works, including their reproduction, distribution and communication to the
public, in the interests of individuals with visual impairments, perception or reading impairments,

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who due to limited physical abilities are unable to hold or manipulate the book or to focus their
gaze, which is directly related to the relevant impairment and has a non-commercial nature, to the
extent justified by such use and in order to facilitate the access to works in the form of copies in
the format accessible for such individuals;"
13. In Article 31, part 7) shall be removed;
14. In Part 2) of Article 32, the phrase "occurrence and execution" shall be replaced by the
phrase "recognition and protection".
15. In Part 2) of Article 33:
in paragraph е), words "on air or via cable" shall be removed;
paragraphs g) and h) shall be added as follows:
"g) cable retransmission;
h) radio broadcasting".
16. In Part 1) of Article 34, paragraphs g), h) and i) shall be added as follows:
"g) cable retransmission;
h) radio broadcasting;
i) communication to the public."
17. In Part 1) of Article 35, paragraphs f), g) and h) shall be added as follows:
"f) cable retransmission;
g) radio broadcasting;
h) communication to the public".
18. In Part 1) of Article 36:
in paragraph d), the words "on air or via cable" shall be removed;
paragraphs h) and i) shall be added as follows:
"h) cable retransmission;
i) radio broadcasting".
19. In Article 37:
Part 1 shall be changed and read as follows:
"Any use of phonograms published for commercial purposes or their reproductions by
broadcasting or by any other communication to the public is allowed without the consent
of producer of phonogram published for commercial purposes and performer whose
performance is fixed in such phonogram, but with payment of fair remuneration."
paragraphs b) and c) shall be changed and read as follows:
"b) communication of phonogram to the public;
c) cable retransmission of phonogram";
paragraph d) shall be added and read as follows:
"d) radio broadcasting of phonogram".
Part 3 shall be changed and read as follows:
"(3) To determine the amount of remuneration and other terms of payment of fair
remuneration for the use specified in Part 1 of this Article, as well as to resolve possible disputes
between the parties, the provisions of the present Law shall be applied.";

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in Part 4, the words "paragraphs a) or b)" shall be removed.
20. Chapter VII shall be changed and read as follows, with new Articles:
"Chapter VII
COLLECTIVE MANAGEMENT OF PROPERTY
COPYRIGHT AND RELATED RIGHTS
Article 481 . Collective Management Organizations
(1) Collective management organizations shall have the status of a public union and be
established by a free union of right holders, whose main purpose is management of copyright or
related rights, which belong to or controlled by its members, on behalf of the right holders and for
their collective benefit.
(2) Collective management organizations shall be established for collective management of
copyright or related rights.
(3) Collective management organizations shall carry out their activities in accordance with
the present Law, other relevant legal and normative acts, basing on their statute and within the
powers transferred to them by the copyright or related rights holders.
(4) A member of collective management organization can be any right holder who meets the
terms of membership provided by the statute, which shall be based on objective, transparent and
non-discriminatory criteria, and who is approved as a member, as a result of the conclusion of an
agreement on management of rights. If the collective management organization rejects the
application for membership, it should send a reasoned response to the right holder within 30
calendar days from the date of submission of the application.
(5) Membership in collective management organization shall not be inheritable.
Article 49. Obligations of Collective Management Organizations
(1) Collective management organization fulfill, on behalf of the right holders represented by
it, and within the limits of powers received from them, and in cases for which mandatory collective
management is provided, also on behalf of the right holders not represented by it, the following
obligations:
а) to act in the interests of right holders whose rights it manages, without imposing
obligations on them, that are not objectively necessary for protection of their rights and interests
or for effective management of their rights;
b) to grant users licenses on the use of works or objects of related rights, the rights on which
were transferred to it by the right holders for management or management of which is carried out
by virtue of law, prior to the use of the protected repertoire.
Collective management organizations shall provide a reply within 30 working days to their
request. Collective management organizations and users shall conscientiously negotiate on
licensing, providing each other with all necessary information. The conditions for issuance of
licenses shall be based on objective and non-discriminatory criteria. If collective management
organization refuses to issue a license, it shall send a reasoned refusal in written form;
c) to collect the amounts of remuneration payable by users, distribute and pay them to right
holders, other collective management organizations, including by virtue of representation
agreements, in accordance with the provisions of the statute;
d) to ask users for providing the information and documents they have, necessary to
determine the amount of remuneration, as well as the information they have about the works being
used, with indication of right holders, for distribution.
Collective management organization shall have no right to use such information or
documents for purposes other than those provided by the present Law without the prior consent of
user;

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e) to ensure equal treatment for the right holders, including the right holders, whose rights
they manage by virtue of representation agreement, as well as for the users, when it comes to the
equal objective conditions;
f) to constantly update the databases related to the list of members and the repertoire, as well
as the list of users;
g) to provide its members with access to the information on its activity on collection of the
amounts of remuneration payable to users, on their distribution and payment;
h) to ensure the transparency of collective management activities in relations with the public
authorities entitled to control;
i) to correspond with users, right holders, as well as collective management organizations,
with whom the representation agreements are concluded, by any means, including
electronic;
j) to protect the interests of its members regarding the management of relevant rights as a
result of using its own repertoire outside the Republic of Moldova through concluding
representation agreements with similar foreign organizations;
k) to provide specialized assistance to the right holders and represent them in the framework
of legal procedures and within the scope of its activity;
l) to develop methodologies for the types of activity involving the use of property rights that
shall be agreed with users in order to pay for these rights, when the way of use makes it impossible
to obtain the individual authorizations from authors and right holders;
m) to use the received remuneration solely for distribution and payment to copyright and
related rights holders, having the right to withhold the management fee from the collected
remuneration to cover actual costs associated with management of rights, as well as amounts
earmarked for special funds created by the organization, provided that establishment of these funds
was authorized by the right holders;
n) to distribute, after deduction of the amounts indicated in paragraph m), the accumulated
remuneration and regularly pay in proportion to the actual use of works and/or objects of related
rights;
o) to be registered as a personal data operator;
p) to take any other actions within the limits of powers granted by the copyright or related
rights holders.
(2) Collective management organizations shall be required to publish the following updated
information on their web page, except for the cases when collective management organization
cannot publish this information for objective reasons:
a) a statute, a regulation on the distribution of remuneration, as well as other internal
regulations;
b) annual transparency reports;
c) categories of right holders represented by the organization;
d) property rights managed by the organization;
e) a list of members;
f) a list of members of management and supervisory bodies, if any;
g) information on the General Meetings held during the last 5 years, such as:
- date and venue;
- agenda and
- decisions taken;
h) current standard non-exclusive licensing agreement and standard tariffs;
i) a list of representation agreements concluded with other domestic and foreign collective
management organizations and their names;
j) procedures for considering complaints, resolving disputes and mediation;
k) conditions for collection of remuneration and persons responsible for this activity;
l) general policy on distribution of amounts due to right holders;
m) general policy on management fees;

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n) general policy on withholdings from rights revenues and any other profits received from
investment of rights revenues, except for the management fee, including withholdings for
provision of social, cultural and educational services;
o) general policy on the use of non-distributable amounts of remuneration;
р) schedule of work;
q) other information necessary for informing the members.
(3) Collective management organizations shall have the following obligations in connection
with representation agreements concluded with other collective management organizations, unless
otherwise specified in representation agreements:
а) to apply deductions of management fee only from rights revenue received from rights
managed by them on the basis of representation agreements, or from any profit received from
investment of relevant rights revenue, unless other collective management organization expresses
its consent to other deductions explicitly or in another way provided by the representation
agreement;
b) to make every effort to collect and regularly, appropriately and accurately distribute and
pay the amounts due to other collective management organizations within a reasonable period of
time, unless a collective management organization cannot do it on time for objective reasons that
are related, in particular, with the users’ reports, identification of rights, right holders or
establishment of correspondence between the information on works and other protected objects,
on the one hand, and the right holders, on the other hand, unless another term is provided in the
representation agreements;
c) to provide, by any means, including electronic, the following information for the period,
to which it is related at least once a year, at the end of calendar year, only upon request, to the
collective management organizations with whom they concluded representation agreements:
1) amounts distributed, amounts paid, with breakdown by categories of rights managed and
types of use of rights managed by them in accordance with the representation agreement, as well
as any amounts distributed and not paid, for any period;
2) management fee withheld and any other deductions established by the representation
agreement;
3) any other deductions, except for management fee, in accordance with paragraph a) of this
Part;
4) information on any licenses issued or refused with respect to works and other protected
objects being a subject of the representation agreement;
5) decisions made by the General Meeting of organization’s members, if they involve the
management of rights in accordance with the representation agreement.
(4) Collective management organizations shall be obliged to provide the following
information to the right holders by any means, including electronic, at least once a year, at the end
of the calendar year, upon request, except for the cases when collective management organization
cannot provide such information for objective reasons:
a) any contact details that the right holder authorized the collective management organization
to use for identification and establishing the location of the right holder;
b) amounts distributed to the right holder, with breakdown by categories of rights managed;
c) amounts paid by the collective management organization to the right holder, with
breakdown by categories of rights managed;
d) periods during which the uses took place, corresponding to the amounts distributed and
paid to the right holders;
e) management fee withheld, with breakdown by categories of rights managed and sources
of receipt of remuneration;
f) any deductions for the purposes of social, cultural and educational services;
g) any remuneration distributed and not paid to the right holder, for any period.
(5) Collective management organizations shall be obliged to provide the following
information to the right holders, both members and not members, directly related with them, users,

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as well as collective management organizations, with whom it concluded representation
agreements by any means, including electronic, at least once a year, at the end of the calendar year,
upon request, except for the cases when collective management organization cannot provide such
information for objective reasons
а) works or other protected objects they represent and the rights they manage directly or
under the representation agreements, and the territories covered by them;
b) types of works or other protected objects making a repertoire and the rights they manage,
and the territories covered by them, if due to the specificity of the field of collective management
organization's activity, the works or other protected objects cannot be identified.
Article 491. Independent Collective Management Entities
(1) Authorized collective management organizations can create, empower and control,
partially or fully, directly or indirectly, independent management entities that are non-profit legal
entities and operate in accordance with the legislation on non-profit organizations, whose subject
of activity is closely related to the main purpose of collective management organization.
(2) Independent management entities shall be authorized on a contractual basis only by
collective management organizations to act on behalf of right holders represented by collective
management organizations, without direct or indirect ownership or control, in whole or in part, on
the part of right holders.
(3) Producers of audiovisual works, producers of phonograms and videograms, broadcasting
organizations, music publishers, commercial agencies or other right holders are not independent
management entities.
(4) Independent management entities shall act in accordance with the statute and within the
limits established by the present Law.
(5) Independent management entities shall not have the right to conclude representation
agreements with copyright and related rights holders.
Article 492. Rights and Obligations of Independent Management Entities
(1) Independent management entities shall be obliged to provide at least the following
information to the collective management organization that established them, by any means,
including electronic, at least once a year, at the end of the calendar year and upon request, as
needed:
a) any contact details that the entity was authorized to use for identification and establishing
the location of the right holders;
b) amounts paid by the independent management entity, with breakdown by categories of
rights managed and types of use;
c) periods during which the uses took place, corresponding to the amounts paid, except for
the cases when the independent management entity cannot provide this information for reasons
related to the provision of reports by users;
(2) Independent management entities shall have the following obligations:
а) to issue licenses for the use of copyright and/or related rights, including within the
framework of extended collective management;
b) to collect amounts of remuneration from users and pay them to collective management
organization in accordance with the requirements of an agreement or a statute;
c) to provide any information to collective rights management organizations;
d) to provide information on the management of rights to other collective management
entities, upon request;
e) to provide the collective management organization that established them with an annual
report in the format established by the decision of the Administrative Board of the collective
management organization;
f) to prepare an annual report on the procedure, number and terms of resolution of
complaints, which shall be published on the entityt's website;

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g) to provide the collective management organizations that established them with the
functions of control and supervision, access to the information on any aspect of the activity on
collection of remuneration amounts from users and their payment;
h) to provide specialized assistance to the collective management organizations they
represent in the framework of legal procedures and within the scope of their activity;
i) to carry out any other activity in accordance with the terms of agreements with collective
management organizations or provisions of the statute, within the scope of its activity.
Article 493.Rights and Obligations of Right Holders
(1) Members of collective management organization can be any right holders who meet the
terms of membership provided by the statute. If the collective management organization rejects
the application for membership, it should send a reasoned response to the right holder within a
reasonable time.
(2) Copyright and related rights holders shall have the following rights:
a) to authorize, on the basis of a written agreement, a collective management organization
of their choice to manage their rights, categories of rights, types of works or other protected objects
in their chosen territories, regardless of their nationality, location or citizenship of right holders
and regardless of the location of collective management organization;
b) to issue licenses for non-commercial use of any rights, categories of rights or types of
works and other protected objects;
c) to terminate the management agreement or withdraw from the collective management
organization any rights, categories of rights or types of works and other protected objects by a
notice 3 months before the end of the calendar year;
d) to make decisions on deductions, except for those included in the management fee and for
provision of social, cultural or educational services.
(3) Right holders shall retain the right to remuneration received for the use of objects of
copyright and/or related rights, as a result of granting the user a license before the entry into force
of revocation of authorization or revocation of rights.
(4) Collective management organizations shall not restrict the execution of rights provided
by part (2) of this Article, indicating as a reason that the management of rights, categories of rights
or types of works and other protected objects that are subject to revocation or withdrawal was
transferred to another collective management organization.
(5) After the entry into force of revocation or withdrawal, the right holder can manage these
rights individually and also has the right to authorize another collective management organization
to fully or partially manage them, regardless of nationality, place of residence, citizenship of the
right holders or location of the collective management organization.
(6) The methods for calculating and determining the amount of remuneration paid by users
for the use of works and/or objects of related rights, as well as other licensing terms applicable to
the methods of use of objects the rights to which were transferred for collective management, shall
be established by the Government.
Article 494. Obligations of Users
Users shall have the following obligations:
a) to ask before using the works or other protected objects for an authorization from the
right holder or a license of the collective management organization for their use;
b) to use only those protected works and/or protected objects, for the use of which they
obtained an authorization or a license;
c) to pay collective management organizations, depending on the circumstances, a relevant
remuneration for the use of works and/or other protected objects. The payment shall be made in
accordance with the procedure established by the methodologies approved by the Government;
d) to provide collective management organization with any information and documents
necessary for collection of rights revenues, as well as for distribution and payment of amounts

11. 11
due to authors or right holders, in written or electronic form within 10 days from the receipt of a
request about it.
e) to provide reports on the used works and /or other protected objects (indicating the right
holders).
Article 50. Tariff Setting. Dispute Resolution
(1) Collective management organization shall establish the amount of remuneration, as well
as other licensing terms applicable to the types of use of the objects, the rights to which were
transferred to it for management, in the process of negotiations with the entities who are required
to pay remuneration or with the associations that represent them.
(2) The amount of remuneration, which is determined by negotiation or as a result of
voluntary mediation, cannot be lower than the minimum amounts of royalties approved by the
Government, collective management organization or provided by the present Law.
(3) If the interested parties cannot agree on the amount of remuneration and other licensing
terms referred to in Part (1), either party may apply to the Mediation Commission or to the
specialized intellectual property arbitration established by AGEPI.
(4) The amounts of applicable remuneration (tariffs of royalty) and licensing terms agreed
upon by the parties or established in accordance with Parts (2) and (3) of this Article shall be
published in the Official Monitor of the Republic of Moldova.
Article 501. Rules of Collective Management
(1) Collective management shall be carried out in accordance with the following rules:
a) decisions on the methods and rules of receipt of remuneration from users, distribution of
remuneration between the right holders, as well as decisions on the other more important aspects
of collective management shall be made by collective management organization in accordance
with the statute;
b) remuneration received by collective management organizations is not and cannot be
equated to their revenues, except for management fee established in accordance with the rules
adopted in accordance with the present Law;
c) the amounts received as a result of investment of unclaimed and undistributed
remuneration kept on bank deposits or received from other operations carried out within the scope
of activity, as well as the amounts received as a compensation of loss or harm from copyright or
related rights violation shall be due to the right holders and distributed between them, and shall
not be the revenues of collective management organizations, except for the management fee;
d) the amounts collected by collective management organization shall be distributed
individually between the right holders in proportion to the use of repertoire of each of them within
a reasonable time and paid no later than 180 days from the date of distribution, except for the cases
when these terms cannot be met due to objective reasons, namely: special documentation for
identification of right holders, reports of users, identification of rights, correspondence between
the information on works and other protected objects, on the one hand, and right holders, on the
other hand, as well as situation when individually distributed amounts do not cover the costs of
management.
These provisions shall aslo apply in case of the agreements on mutual representation;
(2) If collective management organization invests rights revenues or any other profit
received from investment of rights revenues, these operations shall be done solely in the interests
of right holders whose rights are represented by the organization, in accordance with the policy of
using rights revenues and profits from investments of rights revenues, the risk management policy
and following these rules:
a) if there is a potential conflict of interests, the collective management organization shall
ensure the investment to be made exclusively in the interests of its members;
b) assets shall be invested on terms of ensuring security, quality, liquidity and profitability
of the portfolio as a whole;

12. 12
c) assets shall be properly diversified in order to avoid over-reliance on a specific asset and
accumulation of portfolio risks as a whole.
(3) If the internal rules of collective management organization provide for possibility of
collective management organization to provide social, cultural or educational services financed
through deductions from rights revenues, such services shall be provided on the basis of fair
criteria, in particular with regard to access to these services and their quality.
(4) Collective management organization shall keep separately on its accounts:
a) amounts collected for each source of collection;
b) any revenues provided by the statute, including management fee, its own assets, entry
fees, membership fees, donations, sponsorship funds, interest and dividends from the placement
of revenues;
c) unclaimed amounts, accounted and kept by the organization on separate analytical
accounts within 3 years from the date of notification.
(5) Collective management organizations shall not have the right to be engaged in
commercial activities or use the works and objects of related rights transferred to them for
management, copyrights and related rights or their use shall not be transferred or assigned to them.
(6) Right holders can claim the amounts due to them within 3 years from the date of
notification. The amounts remaining undistributed after 3 years from the date of notification shall
be distributed among members in proportion to the amounts distributed among them during the
period when such amounts were received or in any other way, in accordance with the decision of
the collective management organization.
(7) The notice on undistributed or unclaimed amounts shall be sent in written and electronic
form, including posting on the collective management organization’s website, within 6 months
after the end of calendar year, and shall contain at least the following information, if available:
a) title of work or other protected object;
b) name of right holder;
c) name of user and date of use;
d) any other information that may help to facilitate the identification of right holder.
(8) In order to identify the right holders and their location, the collective management
organization , within 3 months from the expiry of the term set by Part (7) of this Article, may
provide the information on works and other protected objects, for which one or more right holders
were not identified or located, to:
a) right holders it represents;
b) similar foreign collective management organizations, with whom the representaton
agreements were concluded;
c) general public.
(9) Collective management organizations shall act in good faith and take all necessary
measures to identify and locate the right holders in order to pay them the amounts due to them.
For this purpose, collective management organizations will check the databases related to the lists
of members and repertoire of other similar domestic and foreign organizations, as well as any other
relevant information to which they have access.
Article 502. Statute of Collective Management Organization
The statute of collective management organization shall contain provisions on the following:
a) terms under which the rights of their holders are managed, on the basis of the principle of
equal treatment;
b) terms of membership and grounds for refusal to grant membership;
c) terms of termination of the management agreement and withholding of rights, categories
of rights, types of works or other protected objects;
d) rights and obligations of members in relations with the collective management
organization;
e) weight of members’ votes when voting at the General Meeting;

13. 13
f) way of determining the amount and payment of entry and membership fees, if they are
provided for members;
g) provisions on the structure, powers, way of appointment and dismissal of members of
management and supervisory bodies responsible for operation of collective management
organization;
h) rules applied for distribution of collected remuneration in proportion to the actual use of
repertoire of right holders, as well as the rules applied for remuneration, in case when the actual
use cannot be identified;
i) minimum amount set for the payment, if the distributed amounts are lower than the level
of management costs;
j) procedure and terms for the use of undistributed or unclaimed amounts;
k) ways to check the management of rights transferred by members for management;
l) ways of determining the fee payable to collective management organizations by the right
holders to cover the actual costs associated with management of rights;
m) rules for establishing the methodologies that shall be agreed with the users, including
representation during negotiations;
n) general rules of the use of rights revenue and profit received from investment of rights
revenue;
о) appropriate and effective mechanisms for the participation of members in the decision-
making process of collective management organization. Representation of different categories of
members in the decision-making process shall be fair and balanced.
Article 503. Management, Controlling and Supervisory Bodies
(1) The organizational structure of collective management organization shall include the
following bodies:
а) the General Meeting;
b) the Director General;
c) the President;
d) the Administrative Board;
e) the Auditor or the Audit Commission;
f) the Special Permanent Commission on access to information;
g) the Supervisory Board.
(2) The management, controlling and supervisory bodies that are parts of the structure of
collective management organization shall be obliged to act reasonably, prudently and
appropriately within the scope of their activities, using administrative and accounting procedures,
as well as reliable management mechanisms.
(3) By a decision of the General Meeting, the officials or members of the bodies specified in
paragraphs d) - g) of Part (1) of this Article can receive remuneration, and the persons specified in
paragraphs b) and c) of Part 1 of this Article shall receive remuneration by a decision of the
Administrative Board.
(4) Members considering that their right to access the information requested is violated can
apply within 30 working days to the Special Permanent Commission on access to information
appointed by the General Meeting and consisting of 3 members who are not employees and
members of the management and controlling bodies of collective management organization. The
Head of the Commission shall be the Auditor or one of the auditors of collective management
organization. The Commission shall be obliged to respond within 30 working days to the member
who applied to it. The Commission shall prepare an annual report on its activities and submit it to
the General Meeting and AGEPI.
(5) For the permanent control of activity carried out by the collective management
organization, as well as by the Director General, in each collective management organization, there
shall be the Supervisory Board consisting of 3 members, which is convened regularly. The
Supervisory Board’s members may be:

14. 14
a) members of collective management organization, providing that a fair and balanced
representation is ensured;
b) indivuduals with a legal or economic work experience in the field of copyright and related
rights for at least 5 years, as well as a good reputation in this field;
c) right holders who are not represented by the collective management organization directly.
(6) The Supervisory Board shall prepare an annual report on its activities and submit it to
the General Meeting and AGEPI.
(7) The Statute of collective management organization may contain other provisions,
including those related to the election and appointment of the management, controlling and
supervisory bodies that are parts of the collective management organization’s structure.
Article 504. The General Meeting of Members of Collective Management Organization
(1) The highest management body of collective management organizations is the General
Meeting of members, which may be convened both as regular and extraordinary, as well as in other
formats provided by the statute of collective management organization.
(2) The regular General Meetings are convened when it is required by the interests of the
collective management organization, but not less than once a year, only after provision of the
financial statement of collective management organization for the previous calendar year in
accordance with the law.
(3) The General Meeting shall be convened in accordance with the statute of collective
management organization.
(4) When there is not enough members needed for the statutory quorum on the date set for
the General Meeting, the next General Meeting shall be convened in accordance with the statute
of collective management organization.
(5) In the period between the General Meetings, any member shall have the right to get
familiarized at the location of the collective management organization with:
a) an annual transparency report;
b) annual reports of other bodies, where appropriate;
c) draft decisions to be submitted for approval to the General Meeting;
d) terms of payment of salary to the Administrative Board;
e) balances of amounts in bank accounts, investments and interests received at the end of the
last financial year;
f) lists of the categories of users, number of notices, number of payers for each category and
the total amount received from each category;
g) status of disputes.
(6) The extraordinary General Meeting shall be convened in accordance with the statute of
collective management organization.
(7) The General Meeting makes decisions on the following issues:
a) any amendments and additions to the statute;
b) election and dismissal of members of the Administrative Board and the Auditor or, where
appropriate, the Audit Commission;
c) approval of reports of the Administrative Board presented by the President and reports of
the Audit Commission;
d) reorganization (through merger, liquidation or transformation) or dissolution of collective
management organization;
The General Meeting also makes decisions on other issues in accordance with the statute of
collective management organization.
(8) All members of collective management organization shall have the right to participate
and vote at the General Meeting of members in accordance with the statute of collective
management organization or appoint any other person as a representative to participate and vote
on their behalf, provided that such representation does not lead to the conflict of interests.

15. 15
(9) The powers granted to a representative in accordance with Part (8) of this Article shall
be effective only in respect of one General Meeting. The representative shall have the same rights
at the General Meeting of members as the member who appointed him, and shall vote in
accordance with the instructions received from him.
(10) Collective management organization shall ensure the participation and voting of all
members in the framework of the General Meeting in accordance with the statute of collective
management organization.
(11) Decisions made by the General Meeting shall be obligatory for all members of collective
management organization.
(12) Collective management organizations shall be required to submit to AGEPI within 30
working days after the General Meeting the following:
a) an annual transparency report;
b) an annual report of the Auditor or, where appropriate, the Audit Commission;
c) a list of members;
d) a list of representation agreements with similar foreign organizations;
e) decisions made at the General Meeting.
Article 505. The Administrative Board, the President, the Director General and the
Audit Commission
(1) The Administrative Board is a permanent management body of collective management
organization, which is subordinate to the General Meeting. The Administrative Board makes
decisions on the following issues:
a) rules for collection and distribution of amounts due to the right holders;
b) rules for the use of amounts that cannot be distributed, without prejudice to the right holder
to claim such amounts from the collective management organization in accordance with the
general limitation period established by the current legislation;
c) policy of the use of rights revenue and profit received as a result of investment of rights
revenue;
d) rules for determining the management fee withheld from the right holders;
e) risk management policy;
f) approval of any purchase, sale or mortgage of immovable property;
g) approval of proposals on receiving loans, giving loans or providing security for loans;
h) approval of the annual transparency report;
i) appointment and dismissal of the Director General on the basis of the statute of collective
management organization;
The Administrative Board also makes decisions on other issues in accordance with the
statute of collective management organization.
(2) The Director General is a person authorized by the Administrative Board and elected by
the General Meeting for the term established by the statute. The President shall be elected in
accordance with the statute of collective management organization.
(3) The Director General, the President and members of the Administrative Board shall
inform about any existing or potential conflict between personal interests and the interests of
collective management organization, or between any obligations to collective management
organization and obligations to another individual or legal entity.
(4) Powers and obligations of the Director General and the President shall be regulated by
the statute of collective management organization.
(5) Position of the Director General implies the compliance with criteria of incorruptibility.
(6) Position of the President implies the compliance with criteria of incorruptibility.
(7) The Auditor or the Audit Commission shall carry out the control over the financial and
economic activities of collective management organization, including the acceptability and
legality of the use of its funds. The Auditor or the Audit Commission shall submit an annual report
on the activities of collective management organization and shall have the right to require from

16. 16
the Administrative Board the information on the activities of organization for a particular period,
to get familiarized with any documents related to its activities.
(8) If the number of members of collective management organization exceeds 1000
members, the Audit Commission consisting of 3 members shall be established.
Article 506. Annual Transparency Report
Collective management organization shall prepare an annual transparency report within 6
months after the end of financial year and publish it on its website, where it shall be publicly
available for at least 5 years and contain at least the following information, except for the cases
when a collective management organization cannot provide this information for objective reasons:
a) financial statements;
b) information on the events it held;
c) information on refusal to issue licenses;
d) a list of management bodies;
e) information on the total amount of payments to the members of the Administrative Board,
the members of the internal commissions;
f) information on the amounts withheld for social, cultural and educational purposes, with
breakdown by categories of rights managed and sources of withholding, as well as the ways of
their use;
g) information on the collected remuneration, with breakdown by categories of rights
managed and sources of collection;
h) financial information on the fee withheld from right holders to cover the costs related to
collection, distribution and payment of remuneration, which shall contain at least information on
actual costs with breakdown by categories of rights managed, and, when costs are indirect and
cannot be correlated with one or more categories of rights, justifications for them, including profits
from investments and bank deposits of management fee;
i) information on the resources used to cover the costs associated with collection,
distribution and payment of remuneration;
j) financial information on the total distributed amount of remuneration and the total amount
paid to right holders, with breakdown by categories of rights managed and types of use, including
the dates when the payments were made, with breakdown by collection/distribution periods;
k) financial information on the total amount of collected and not distributed remuneration,
as well as on the total amount of remuneration distributed, but not paid to the right holders, with
breakdown by categories of rights managed and sources of collection, indicating the periods during
which these amounts were collected, the reasons for delays and methods for record-keeping of
these amounts;
l) financial information on the amounts that cannot be distributed, as well as the ways of
their use;
m) financial information on the amounts received from other collective management
organizations, with whom it has legal relations provided by the present Law, as well as on the
management fees and other withholdings from these amounts, with breakdown by categories of
rights, sources of collection and collective management organizations;
n) financial information on the amounts collected, distributed and paid to other collective
management organizations, with whom it has legal relations provided by the present Law, as well
as on the management fees and other withholdings from these amounts, with breakdown by
categories of rights, sources of collection and collective management organizations, indicating a
period of collection/distribution;

17. 17
Article 51. Supervision of the Operation of Collective Management Organizations
(1) Supervision of the operation of collective management organizations shall be carried out
by AGEPI.
(2) When the audits are carried out by AGEPI, a collective management organization being
a subject to the supervision shall provide AGEPI only with the following documents and
information, unless the collective management organizashion cannot provide this information for
objective reasons;
a) a statute, a regulation on the distribution of remuneration, as well as other internal
regulations;
b) annual transparency reports;
c) information on the categories of right holders represented by it;
d) information on the property rights managed by it;
e) a list of members;
f) a list of members of management and supervisory bodies, where appropriate;
g) information on the General Meetings held, such as: date and venue, agenda and decisions
taken;
h) standard non-exclusive licensing agreements;
i)a list of representation agreements concluded with other domestic and foreign collective
management organizations and their names;
j) procedure for considering complaints, resolving disputes and mediations;
k) conditions for collection of remuneration and persons responsible for this activity;
l) general policy on distribution of amounts due to right holders;
m) general policy on management fee;
n) general policy on withholdings from rights revenues and any profits received from
investment of rights revenues, except for the management fee, including withholdings for
provision of social, cultural and educational services;
o) general policy on the use of non-distributable amounts;
р) schedule of work;
q) standard agreements on management of rights of right holders.
AGEPI’s Supervisory Commission shall have the right to request clarification from the collective
management organization regarding the information found as a result of getting familiarized with
the documents specified in paragraphs a) - q) of Part (2) of the present Article. AGEPI’s
Supervisory Commission shall not have the right to require the submission of any documents other
than the documents specified in paragraphs a) - q) of Part (2) of the present Article.
(3) AGEPI shall carry out a general audit of the activities of collective management
organization once a year. In case of notices of the right holders, including members of the
organization, AGEPI shall request an explanation from the collective management organization,
and as part of the annual audit, it can additionally verify the information.
(4) The audit by AGEPI shall be carried out after 6 months from the day following the end
of the previous financial year and only after a prior notice sent to the audited collective
management organization at least 30 working days before the start of audit, and after submission
of the annual transparency report by collective management organization. The Act on the results
of audit shall be published on AGEPI’s website together with the objections of collective
management organization to this Act.
(5) Upon the results of each audit specified in Part (3) of this Article, AGEPI shall prepare
the Act on the results of audit containing the findings of the Supervisory Commission about the
violations detected, which may be appealed to the Administrative Court.
(6) If violations are detected, on the basis of the findings contained in the Act on the results
of audit, AGEPI shall provide a term for eliminating the violations, as well as send the Act on the
results of audit to the Board of the audited collective management organization, which shall
consider it at the next regular meeting.

18. 18
(7) Collective management organization shall be required to examine the Act on the results
of audit.
(8) AGEPI shall not provide the term foreseen in Part (6), if it finds out that the collective
management organization no longer meets the requirements provided by the present Law.
Article 511. Violation of Provisions of the Present Law by Collective Management
Organization
(1) If the collective management organization fails to comply with the provisions of the
present Law or violates its obligations, AGEPI shall provide the collective management
organization with a term of up to 6 months to eliminate the inconsistencies. The decision on
imposition of the term can be appealed to the court at the location of AGEPI.
(2) If the collective management organization does not follow the provisions of the present
Law or violates its obligations, or does not meet the particular requirements of authorization
provided by Article 48, AGEPI may make a decision to revoke the decision on authorization of
the collective management organization. The decision on revocation can be appealed to the
Administrative Court."
21. In Part (1) of Article 58, the words "violator of rigts" shall be replaced with the words
"entity which violated the rights", and in paragraph (a) of Part (1) and in Part (2) of Article
59, the words "alleged violator" shall be replaced with the words "entity which allegedly
violated the rights";
22. In Article 63:
in Parts 5 and 6, the word "violence" shall be replaced by the word "violation".
23. Article 691
shall be removed.
Article II. Final and Transitional Provisions
(1) The present Law shall enter into force six months after the date of its publication.
(2) The Government shall bring its normative acts in line with the present Law within 6
months from the date of entry into force of the present Law.
CHAIRMAN OF THE PARLIAMENT