1709 Blog: for all the copyright community

Friday, 24 December 2010

Another M, another copyright reform

Judging by light attire, it appears that New Year
celebrations in Moldova are warm and sunny.  But will
the new Copyright Law be so warmly welcomed?
It's all happening in countries beginning with 'M', it seems. First Macedonia's new copyright law moves into EU-friendly and theatrical-producer-unfriendly mode (see yesterday's 1709 Blog post here). Now it's the turn of Moldova, where copyright owners, users, collecting societies and no doubt infringers will all be sitting up till midnight to greet the Law on Copyright and Related Rights, No. 139/2010 when it enters into force on 1 January 2011. This new statute replaces the Law on Copyright and Related Rights, No. 293-XIII, which has survived for 16 years -- quite a feat in these digital days. According to East Europe IP specialists Petosevic:
"The text of the new law was drafted by the State Agency for Intellectual Property (AGEPI), in cooperation with the European experts, as part of the program Assistance in Implementing the Partnership and Cooperation Agreement (PCA), World Trade Organization (WTO) and EU-Moldova Action Plan in the Context of the European Neighborhood Policy, with the purpose of harmonizing the national legislation with the European and international provisions [This looks a bit like drafting by committee,not usually a good idea -- but any law is only as good as the courts let it be].

The text introduces new provisions concerning the videogram producer rights, the collective administration system, remuneration method and rates, the Mediation and Arbitration Commission organization and responsibilities, and the authorization procedure for institutions that will administer the authors’ patrimonial rights. The Mediation and Arbitration Commission is to be appointed by the AGEPI and will be responsible for examining and settling copyright disputes.

The text of the law defines the videogram as the first imprint of certain images, possibly accompanied by sound, irrespective of whether it represents an audiovisual creation. The physical or legal person whose name appears on a videogram is considered the author thereof until proven otherwise".
Source: Petosevic

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