Concerning The Implementation Of Decision Nr. 44/222 Of 29 December 2015

Original Language Title: cu privire la executarea Deciziei nr. 44/222 din 29 decembrie 2015

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5967148/cu-privire-la-executarea-deciziei-nr.-44-222-din-29-decembrie-2015.html

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    On 29 December 2015, by decision No. 44/222, the CCA took note of complaints companies "Sony Pictures Television," "SMG Moviel Limited" ЗАО "Синемоушн Групп" and public association "National Association for the protection of Intellectual Creation" in reference to the copyright violation from the dissemination of audiovisual works and ordered television broadcasters ' MBC ', ' N4 ' and ' TVC 21 inch to submit, within 3 days from the date of the decision in order to make an informed forensic evidence (contracts, agreements) of audiovisual works named in complaints. By letters No. 7, 8 and 9 January 5, 2016, the ACC referred the decision No. 29.12.2015 44/222 of the respective companies. As follows: 1. "SG 1 M MEDIA LLC has received the letter by ABOUT January 11, 2016. N02/01 response through-2016 from 13.01.2016, Director of "SG-1 M MEDIA LTD said the following:" the approach Sony Pictures Television Productions Russia was addressed to television station MBC, to which we previously have and answer. It is obvious that this process is not addressed to the CCA.
-Sony Pictures Television Productions has the exclusive rights to Sell on this serial;
-The distribution rights to the film "House of cards" belongs to several international companies, such as Netflix, Comcast, including producers of Media Rights capital, "Pictures", "Panic" Trigger Street productions ".
By letter N02/01-2016 from 13.01.2016, "SG-1 M MEDIA LLC has consigned the CCA, in the annex, information about" House of cards "and" Media Rights capital ".
2. "everyday life" has received the letter by ABOUT 18 January 2016. By answer No. 01/15 of 19.01.2016, "Colloquially" presented a copy of the contract of purchase of audiovisual work.
3. "Selectcanal" SRL received the letter by ABOUT January 11, 2016. Until February 11, 2016, the company "Selectcanal" LTD has not responded to the request by the CCA and has not presented any act. In this sense, information requested by non-Bcc, "Selectcanal TV" admitted derogations from the provisions of point 3.1 lit. n) of conditions to the licence for broadcasting the series AA nr. 082882 from 18.05.2011, which provides that the broadcaster "is obliged to comply with requests from the electronic media watchdog CCA to present information about its work and the regulations drawn up by it", and of article 12. 25 para. (1) (a). l) and art. 37 para. (2) of the broadcasting code, which constitutes the responsible under art. 38 para. (2) (a). (b) of the code): transmission services with breach of license.
On 18 January 2016, media watchdog CCA received a complaint stating that the tv station MBC has aired "illegal" series "Drop Dead Diva" (До красива смерти ") of the company's repertoire," Sony Pictures ".
Pursuant to the provisions of art. 18, 37 para. (1), (2) and 38 para. (7) of the broadcasting code, as well as for the purposes of the examination of the objectives of all the circumstances, by letter seized on the No. so will from 28.01.2016 CCA has asked the company "SG MEDIA M 1" to submit, within 3 days after receiving the letter, a copy of documents confirming the right to broadcast audiovisual nominated opera. The letter was received on 29 January. By answer No. HA-02/02-01 from SG, 02.02.2016 "1 M" MEDIA indicated that "tv station" MBC "has stopped broadcasting the series" До красива смерти "and informed about this Sony Pictures Television".
As regards the issues addressed by the report's authors, namely sanctioning a breach of copyright and related rights, in art. 38 of the code, where it envisages what facts constitute punishable offences in the audiovisual sector to be sanctioned by the CCA, is not "infringement of copyright and related rights".
At the same time, art. 96 "Violation of copyright and neighbouring rights" of the code of administrative offences stipulates expressly that it is liable for non-compliance with copyright and related rights, establishing the individuals and bodies have the right to examine the causes of offence concerned, and to apply sanctions.
In this context, it is found that all documents obtained on cases considered to be sent to the competent organs of Internal Affairs for appropriate decision making.
As a result of the public examination of the documents received, pursuant to the provisions of the broadcasting code no. 260 from supervised, of art. 96 and 400 from contravention code no. 218 from 24.10.2008, of art. 54, 55 and 63 of the law nr. 139 from 02.07.2010 on copyright and related rights and of the CCA, approved by Decision No. 433 from 28.12.2006 the Moldovan audiovisual Coordinating Council

DECIDES: 1. To apply the public warning of the company "Selectcanal" Ltd, founder of TV channel "N4", for transmission service with breach of license Series AA nr. 082882 from 18.05.2011 (derogations from point 3.1 lit. (n) of the license conditions, art. 25 para. (1) (a). l) and 37 para. (2) of the broadcasting code), in accordance with art. 38 para. (2) (a). b) and para. (3) (a). the broadcasting code) (PRO-(8)-UNANIMOUS hammer, Iu. CARLSON, a. CASTILLO, born DAMASCUS, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
2. To oblige the broadcaster to present "N4" within 3 days from the date of bringing the knowledge of the present decision, legal (contracts, agreements) of audiovisual works named in complaints examined by the CCA Decision nr. 44/222 of 29.12.2015 (PRO-(8)-UNANIMOUS hammer, Iu. CARLSON, a. CASTILLO, born DAMASCUS, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
3. In accordance with the provisions of art. 38 para. (8) of the broadcasting code and decision No. APPROX. 17.10.2008 from 96 at the time in order to make an informed decision, the tv station "N4" will execute this decision will remove certificates and waivers will communicate to the public the reasons for and the purpose of the penalty, in the formulation of the legislation in force.
4. control of the execution of this decision, it shall exercise general direction, approval and monitoring licensing.
5. This decision shall be published in the Official Gazette of the Republic of Moldova and in the web page of the CA.

CCA BOARD CHAIRMAN Dinu CIOCAN