The EU funded Project “Support for structured policy dialogue, coordination of the implementation of the Association Agreement and enhancement of the legal approximation process in the Republic of Moldova” provided expertise and completed an analytical report “Assessment of the current Moldovan Copyright Law as well as its current draft amendments towards harmonisation with EU legislation and international treaties.” This Report includes an analysis of the draft amendment to Law no. 139/2010, as well as the draft amendment to it, in relation to the provisions of the European Acquis and international treaties in the field to which the Republic of Moldova is a signatory party, as well as relevant European directives.
“Copyright – understood as authors’ rights in most of continental Europe, grants a bundle of rights to authors of original works. Thanks to copyright, authors may control how others use their works, and receive remuneration from those uses. European jurisdictions also protect the interests of performers, producers and broadcasters.
Copyright protects most human intellectual creations, generically called works, as long as they are original. In addition, related rights protect specific contributions that are important for the dissemination of protected works.”
The European Union Intellectual Property Office (EUIPO)
Following the recommendations made in the Report, the State Agency for Intellectual Property of the Republic of Moldova (AGEPI) drafted a new project law, which fully transposes nine EU directives and partly four EU directives. The draft legislation, with a homogeneous and systematised structure, facilitates the knowledge and application of legal norms and aims to:
◊ Ensure transparency and balance within the system governing the remuneration of authors and performers in a weak bargaining position, including a mechanism for the revocation of exclusive rights;
◊ Ensure a high degree of protection for authors and right holders, by establishing a legal framework that is adapted to digital technologies and the Internet;
◊ Establish an efficient system for the collective management of copyright and related rights;
◊ Encourage the creation of national records, used as alternative data sources, in order to supplement and improve official statistics.
By establishing a legal framework harmonised with the provisions of the European Acquis, a high degree of protection is ensured for authors and right holders in the Republic of Moldova. Equally, the protection of copyright and related rights is at the core of the Cultural and Creative Industries’ (CCI) revenues, so that the premises for a sustainable economic growth of the Republic of Moldova are created, by attracting investment, stimulating creativity and by creating jobs.
“Cultural and creative industries (CCI) are those industries that are based on cultural values, cultural diversity, individual and/or collective creativity, skills and talent with the potential to generate innovation, wealth and jobs through the creation of social and economic value, in particular from intellectual property; they include the following sectors relying on cultural and creative inputs: architecture, archives and libraries, artistic crafts, audiovisual (including film, television, software and video games, and multimedia and recorded music), cultural heritage, design, creativity-driven high-end industries and fashion, festivals, live music, performing arts, books and publishing (newspapers and magazines), radio and visual arts, and advertising, whereas authors and performers are at the origin and the very source of CCIs.”
European Parliament Resolution of 13 December 2016
on a Coherent EU policy for Cultural and Creative Industries
In the European Union, the Member States are using their national classification systems for the activities belonging to the culture and creative industries, hence it is necessary to define the role of this sector in the EU’s associated/connected third countries as well. As a result, it is key to adjust the legislation of the Republic of Moldova pertaining to copyright and CCI.
In 2014, the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part was signed. One of the main goals of the association is to support the efforts of the Republic of Moldova to develop its economic potential via international cooperation, also through the approximation of its legislation to that of the EU, including intellectual property rights. Subsequently, Chapter 9 in the Association Agreement reflects precisely the topic of Intellectual Property Rights.
The many works and objects protected by copyright or related rights, the share of their use and the remuneration generated have led to the development by the World Intellectual Property Organization (WIPO) of a Methodology (Guide on Surveying the Economic Contribution of Copyright-Based Industries, WIPO 2003), which identified four broad categories of creative industries (CIs):
- a) IC – CORE – press and literature, music, theatrical productions, operas, motion picture and video; radio and television; photography; software, databases, and computer games; visual and graphic arts; advertising services; and copyright collective management societies;
- b) Interdependent copyright industries – manufacture of computers and musical instruments, manufacture of recording media etc.
- c) Partial copyright industries – apparel, textiles, and footwear; jewelry and coins; other crafts; furniture; household goods, chinaware, and glass; wall coverings and carpets; toys and games; architecture, engineering, surveying; interior design and museums;
- d) Non-dedicated support industries – general wholesale and retail; general transportation; and information and communication (including wired, wireless, satellite, and internet).