by ACI Partners

Legal Digest28 December 20230 comments

The private copying levy in Moldova

Moldovan legal framework has been recently completed with comprehensive rules on the private copying levy. This levy represents a tax incurred by manufacturers or importers to Moldova of recordable media (such as MP3 Players, PCs, tablets, smartphones, etc).

The private copying levy has been introduced to allow the copying of a work protected by copyright from one device to another, if done by an individual for personal use. Making such copies of protected works by private users is deemed not to infringe the copyright.

The newly introduced statutory rules establish a clear mechanism for the calculation and collection of this tax.

The copying levy represents 0.3% of the value of the recordable media manufactured or imported to the Republic of Moldova. This levy is charged on the entities or individuals (i.e. importers or manufacturers) making such devices available to Moldovan customers.

In connection therewith, in October 2023, a methodology regulating the calculation and collection of the private copying levy has entered into force. As per this methodology, information on the entities importing recordable media to Moldova or manufacturing such devices, is delivered to the State Agency for Intellectual Property. Such data is later on forwarded to the collecting societies, specially appointed to collect the private copying levy.

The private copying levy is to be paid by the manufacturers or importers of recordable media to the designated collecting societies.

Copyright Law 230/2022 sets certain exceptions from the private copying levy system. Thus, no private copying levy is to be incurred in relation to the recordable media which:

– is imported to Moldova by individuals exclusively for their personal use;

– is placed under the suspensive customs regime;

– has a professional purpose and cannot be used in domestic conditions.

This latter exception is not explicitly defined by law and shall be assessed on a case-by-case-basis. For this exception to be applied, the professional purpose and nature of use of a certain imported or manufactured device shall be ascertained. Manufacturers and importers of recordable media are encouraged to seek qualified legal advice in order to ensure proper exceptions are applied to their benefit.