The Examination Of Complaints

Original Language Title: cu privire la examinarea unor sesizări

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5967647/cu-privire-la-examinarea-unor-sesizri.html

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I. On 22 December 2015, BCC address upstart company approach "Sony Pictures Television" by detecting the violation of the economic rights in audiovisual works "Hause of Cards" by TV channel "MBC" in Moldova.
The petitioner claims that the right to retransmit TV series "Hause of Cards", including cable networks and internet belong company "Sony Pictures Television". At the same time, "Sony Pictures Television" also informs that copyright did not submit any natural or legal persons in Moldova, thus violating the copyright of the audiovisual work.
II. On 22 December 2015 the CCA received address approach f / No. of December 16, 2015 the company "SMG Moviel Limited" which informs that on 21 January 2013 between the company "SMG Moviel Limited" and "Selectcanal TV" SRL in Moldova No contract has been concluded. 21/01/13-TV on transferring the copyright of the 92 audiovisual works for the station "N4".
The petitioner also claims that, contrary to the contract no. 21/01/13-TV station "N4" aired several films and exceeded the limit set in the contract ,, SMG Moviel Limited "and" Selectcanal TV "SRL.
III. On 30 November 2015, CCA address notification was received ЗАО "Синемоушн Групп", requesting verification of the legality broadcasting by television channel "TVC 21" audiovisual work "Нулевой километр".
The motion, ЗАО "Синемоушн Групп" alleges that on 21 October 2015 21:30 station "TVC 21" violated the economic rights in audiovisual works "Нулевой километр" (a. 2007 director Paul Sanaev) through its dissemination without consent and license required.
Furthermore, on 15 December 2015, CCA address and notification was received by the Public Association "National Association for the Protection of Intellectual Creation" (NAPC) on the same approach of ЗАО "Синемоушн Групп" which calls:
- check the TV channel "TVC 21" if it has licensing agreements for broadcasting audiovisual work "Нулевой километр" (a. 2007 director Pavel Sanaev);
- To sanction the TV channel "TVC 21" for the violations committed to the dissemination of audiovisual work "Нулевой километр" on 21/10/2015, 21:30.
Examined the complaints of "Sony Pictures Television", "SMG Moviel Limited", ЗАО "Синемоушн Групп" and NGO "National Association for the Protection of Intellectual Creation ', the Broadcasting Coordinating Council, in accordance with Art. 37 para. (2) of the Broadcasting Code establishes "the supervisory tasks, the Broadcasting Coordinating Council may require broadcasters or distributors the necessary information, specifying the legal basis and purpose of the request, may set a deadline for providing such information, within the limits and manner prescribed by this code. "
After reviewing public complaints received under the Broadcasting Code no. 260 of 27.07.2006, the Law no. 139 on copyright and related rights and the Statute CCA, approved by Decision no. 433 dated 28.12.2006 of the Parliament of Moldova, the Coordinating Council of Audiovisual DECIDED
:

1. To take note of the complaints of "Sony Pictures Television", ,, SMG Moviel Limited ", ЗАО" Синемоушн Групп "and NGO" National Association for the Protection of Intellectual Creation "(PRO - (8) UNANIMOUSLY - D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. bribery, VICOL D., M. ONCEANU-Hadirca).
2. Broadcasters "MBC", "N4" and "TVC 21" will be presented within 3 days from the date of notification of this decision, legal proof (contracts, agreements) on audiovisual works above (PRO - ( 8) UNANIMOUSLY - D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. bribery, VICOL D., M. ONCEANU-Hadirca).
March. Control over execution of this Decision exercised Legal and regulations.
4. This Decision will be published in the Official Gazette of the Republic of Moldova and the BCC website.
COORDINATING COUNCIL PRESIDENT


BROADCASTING Dinu HAMMER