Commons:Copyright rules by territory/Moldova
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Copyright rules: Moldova Shortcut: COM:MOLDOVA | |
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 | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Audiovisual | Life + 70 years |
| Applied art | Create + 25 years |
| Other | |
| Freedom of panorama | For 3D works made to be located permanently in public places |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Moldova}} {{PD-MD-exempt}} |
| ISO 3166-1 alpha-3 | MDA |
| Treaties | |
| Berne convention | 2 November 1995 |
| WTO member | 26 July 2001 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 6 March 2002 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Moldova relevant to uploading works into Wikimedia Commons. Note that any work originating in Moldova must be in the public domain, or available under a free license, in both Moldova and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Moldova, refer to the relevant laws for clarification.
Background
The eastern part of the Principality of Moldavia, known as Bessarabia, was ceded to the Russian Empire by the Ottoman Empire in 1812. After the Russian Revolution, the territory was recovered by Romania. In 1940, Bessarabia was captured by the USSR and split into the Ukrainian SSR and the newly formed Moldavian SSR within the Soviet Union. In 1990 the territory on the east of the Dneister river unilaterally broke away as Transnistria. Moldova declared independence on 27 August 1991.
Moldova has been a member of the Berne Convention since 2 November 1995, and the World Trade Organization since 26 July 2001 and the WIPO Copyright Treaty since 6 March 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 139 of July 2, 2010, on Copyright and Neighboring Rights (as amended by Law No. 212 of July 29, 2016) as the main copyright law enacted by the legislature of Moldova.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The 2010 law superseded the Law on Copyright and Related Rights No.293-XIII of 23.11.1994.[139/2010-16 Art.69] The law was retroactive: the provisions of Article 23 (Durations) of the 2010 Law also apply to works whose term of protection calculated according to the provisions previously in force had expired.[139/2010-16 Art.70]
On 9 October 2022, the new Law No. LP230/2022 of 28.07.2022 on Copyright and Related Rights (English text, Romanian text, Russian text) came into force.[3] In accordance with Article 122(3) of the new law, Law No. 139 of July 2, 2010 is repealed.
General rules
Under the former Moldova Law. Art. 17. (Law no. 1268-XV), a file first published in the USSR of Moldova was in the public domain if it met either of the following conditions:
- It is a photographic or cinematographic work and fifty years have passed since the year of its production.
- It is another type of work and fifty years have passed since the year of the creator's (if known) death.
Under Law No. 139 of 2010 as amended in 2016,
- The economic rights in relation to works other than works of applied art are protected for the life of the author and for 70 years after his death, computed from 1 January of the year following that of his death, unless otherwise provided below.[139/2010-16 Art.23(1)]
- Copyright in audiovisual works is protected for 70 years from 1 January of the year following that of the death of the last surviving joint author: a) the principle director; b) the author of the scenario (the scriptwriter); c) the author of the dialogue; d) the composer – the author of the musical work (with or without words) created specifically for such audiovisual work.[139/2010-16 Art.23(2)]
- The term of protection of a musical composition with words expire 70 years after the death of the last to survive of the author of the lyrics and the composer of the musical composition, provided that both were specifically created for the respective musical composition with words.[139/2010-16 Art.23(2')]
- Copyright in anonymous or pseudonymous works, except for works of applied art, is protected for 70 years from 1 January of the year following that of the legal publishing of the work. If the author of an anonymous or pseudonymous work reveals his identity or if it becomes evident during that period, the provisions of paragraphs (1) and (2) apply.[139/2010-16 Art.23(3)]
- Copyright in works of joint authorship, except for works of applied art, are protected for the life of each joint author and for 70 years from 1 January of the year following that of the death of the last surviving joint author.[139/2010-16 Art.23(4)]
- For the term of copyright in collective works provisions of paragraphs (1) and (3) of the present Article apply.[139/2010-16 Art.23(5)]
- Copyright in works of applied art is protected for 25 years from its creation, except the industrial designs and models unregistered in compliance with the Law on the protection of the industrial designs and models, created for industrial purposes of reproduction and subject to a 3-year protection from creation.[139/2010-16 Art.23(7)]
The copyright protection terms introduced by Law No. 139 of July 2, 2010 remain virtually the same in Law No. 230/2022 of 28.07.2022 on Copyright and Related Rights. The provisions are now at Article 12 of the new law.
Not protected
See also: Commons:Unprotected works
Under Law No. 139 of 2010 as amended in 2016, copyright protection does not extend to:[139/2010-16 Art.8]
- legal acts, other administrative, political or judicial acts (laws, court decisions), or to the official translations thereof;
- state emblems and official signs (flags, armorial bearings, decorations, monetary signs, etc.);
- folklore expressions;
- daily news and facts of simple informational nature.
Copyright tags
See also: Commons:Copyright tags
- {{PD-MD-exempt}} – for official documents (laws, court decisions, etc.) or to the official translations thereof, state emblems and official signs (flags, armorial bearings, decorations, monetary signs, etc.), folklore expressions, daily news and facts of simple informational nature.
- {{PD-Moldova}} – Moldovan or Soviet work first published in USSR or Moldova and in the public domain because its copyright has expired: photographic or cinematographic work and fifty years have passed since the year of its production, or another type of work and fifty years have passed since the year of the creator's death.
Currency
See also: Commons:Currency
OK Moldova currency is not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright by article 8 of Law on Copyright and Related Rights of Moldova.
Please use {{PD-MD-exempt}} for Moldova currency images.
Freedom of panorama
See also: Commons:Freedom of panorama
Under Law No. 230/2022 of 28.07.2022 on Copyright and Related Rights,
- The reproduction, broadcasting, communication to the public and making available to the public of the following acts shall be permitted without the consent of the author or rightholder and without payment of any remuneration in the following cases:... h) use of works, such as works of architecture or sculpture, intended for permanent location in public places;[230/2022 Art.57(h)]
Prior to July 2010, there were commercial restrictions on such works similar to those of the Soviet Union, but an amendment (part of Law No. 139 of 2010) removed that restriction.
Free reproduction of artistic works (including commercial purposes) is:
- OK for architecture and sculptures made to be located permanently in public places; per article 57(h)
Not OK for sculptures not made to be located permanently in public places- Not OK for paintings, drawings, engravings or photographs.
Please use {{FoP-Moldova}} to tag images from Moldova which meet Freedom of Panorama conditions.
Stamps
See also: Commons:Stamps
use {{PD-MD-exempt}}.
According to the law on Copyright of the Republic of Moldova no. 293-XIII of 23 November 1994 (Amended by Law no. 1268-XV, of 25 July 2002) Article 7. refers to "State emblems and official signs (flags, armorial bearings, decorations, monetary signs, etc.)" as Works Not Protected by Copyright. The Moldovan Postal Law No. 36 from 29 April 2016 defines postal stamp as "printed valuable sign issued and put into circulation exclusively by the state as an attribute of its sovereignty".[4]
See also
Citations
- ↑ a b Republic of Moldova Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
- ↑ Law No. 139 of July 2, 2010, on Copyright and Neighboring Rights (as amended by Law No. 212 of July 29, 2016). Moldova (2018). Retrieved on 2018-11-03.
- ↑ NEW COPYRIGHT LAW ENTERS INTO FORCE IN MOLDOVA. PETOŠEVIĆ (2022-11-03). Retrieved on 2023-07-24.
- ↑ ЗАКОН № 36 от 17-03-2016. Justice Ministry of Moldova