Moldova Amends Copyright Law

On November 9, 2023, amendments to the copyright and related rights law were adopted in Moldova, partially transposing European Directive 2012/28/EU on certain permitted uses of orphan works.

The most important changes brought by the new law include the following:

• The definition of ‘orphan work’ was introduced, defining it as a copyright protected work or phonogram for which no owner is identified or, if one or more owners are identified, none are located despite a diligent search;

• Diligent searches are to be conducted by libraries, educational institutions, museums, archives or public institutions in the field of cinematography and public broadcasting, and television organizations to determine if a work or phonogram is orphan or not; these institutions are to provide the Moldovan Intellectual Property Office with the search results, the orphan work’s scope of use and any amendments to its statute;

• A legal frame for the permitted use of orphan works was introduced – they can be made available to the public or reproduced in order to be digitized, indexed, catalogued, preserved or restored by relevant institutions in order to fulfill their public interest mission;

• A legal frame was introduced for the termination of orphan work status – when the owner is identified, a fair compensation for the use of the work or phonogram by the relevant institutions is applicable; the compensation can be obtained through collective management organizations and can be requested within one year from the date of termination of the orphan work status for a retroactive period of no more than three years from the orphan work status termination date.

The amendments are set to enter into force on January 1, 2030, except for the provision regarding the owner’s right to compensation, which will enter into force on January 1, 2025. The relevant institutions should ensure, by January 1, 2030, the digitization of works and phonograms which have been declared orphan works as a result of a diligent search.

By: Mara Marinescu

For more information, please contact Mara Marinescu at our Romania office.