With reference to the material published on the page https://copyright.md/ entitled “Public Declaration of the President of the National Association “COPYRIGHT” on the Blocking of the Collective Management System”, recently released in the public space and taken over by some media institutions, the State Agency on Intellectual Property (AGEPI), in its capacity as an administrative authority subordinated to the Ministry of Justice, responsible for promoting and carrying out activities in the field of legal protection of intellectual property regarding industrial property rights, copyright and related rights, categorically rejects any insinuations regarding the involvement of the institution or its employees in illegal activities and reiterates that its entire activity is carried out in strict accordance with the legislation of the Republic of Moldova, with the principles of transparency, impartiality and equal treatment of all actors involved in the intellectual property system.
According to Art. 7 par. (2) lett. s), point t), point u) and point v) of Law No 114/2014 on the State Agency on Intellectual Property (hereinafter, Law No 114/2014), respectively, Art. 4 par. (1) point f), point j), point k) and point n) of Law No 230/2022 on Copyright and Related Rights, AGEPI:
- approves the establishment of collective management organizations and joint collection structures;
- appoints the collector in the case of rights managed collectively on a mandatory basis or through extended collective management;
- carries out annual and special controls on the activity of collective management organizations and joint collection structures;
- monitors the functioning of collective management organizations and joint collection structures.
AGEPI notes with concern that certain information released in the public space is taken up and distributed without verifying the facts and without presenting evidence to confirm the allegations made. The dissemination of such statements risks affecting public trust in state institutions and generating erroneous perceptions regarding the activity of public authorities.
It is important to emphasize that AGEPI treats all collective management organizations equally, without favoring or discriminating against any part of the system. All decisions of the institution are adopted exclusively on the basis of the legal framework and the objective findings resulting from monitoring and control activities.
Regarding the designation of the remuneration collector, we draw attention to the fact that, according to Art. 103 para. (1) of Law No 230/2022, the collection of remuneration due to authors and rightholders for rights under mandatory collective management of rights or through extended collective management shall be carried out by the collective management organization designated as collector or common collection structure, by decision of the AGEPI Director, published in the Official Gazette.
On 05.03.2026, the legal effects of the following AGEPI Decisions ceased:
- AGEPI Decision No 4/639 of 12.04.2023, by which the Public Association “AUTORITY” was designated as collector for the right to broadcast musical works, for a period of 3 years, starting with 06.03.2023;
- AGEPI Decision No 5/640 of 12.04.2023, by which the Public Association “ARTTON” was designated as collector for a period of 3 years, starting with 06.03.2023 for:
a) the right of performers and phonogram producers to a single equitable remuneration for the broadcasting and public communication of phonograms published for commercial purposes;
b) the right of performers to equitable remuneration for the broadcasting and public communication of audiovisual fixed performances and interpretations;
c) the right of performers to additional annual remuneration;
- AGEPI Decision No 6/666 of 19.04.2023, by which the Public Association “AUTORITY” was designated as the collector for the right to compensatory remuneration for private copying and the right to cable retransmission, for a period of 3 years, starting with 06.03.2023;
- AGEPI Decision No 7/779 of 12.05.2023, by which the Public Association “AUTORITY” was designated as the collector for the right to public communication of musical works and videograms, for a period of 3 years, starting with 06.03.2023.
Accordingly, by the press release of 03.04.2026, AGEPI specified that, in the absence of a decision to designate the collector, no collective management organization is entitled to collect the respective remunerations. At the same time, in the same press release, AGEPI indicated that: In order to ensure the collection of remunerations due to authors and holders of copyright and related rights for rights managed collectively on a mandatory basis or through extended collective management, AGEPI will issue decisions to designate the collector, maintaining the continuity of the designation period without interruption.
Therefore, the situation described does not confirm the alleged deprivation of authors of remunerations, but shows the need to comply with a strict legal procedure, so that the collection of remunerations is carried out only by the entity designated under the law.
The postponement of the designation of the collector cannot be presented as an illegal, abusive action or directed against the authors.
Additionally, AGEPI’s position of 23.06.2026 confirms that the legal and institutional aspects related to the designation of the collector of remunerations for rights under mandatory collective management of rights or through extended collective management shall be subject to in-depth institutional examination. AGEPI expressly indicated that within AGEPI, a working group was established by Order of the Director of AGEPI No 67 of May 25, 2026, whose mandate includes examining these issues, as well as identifying solutions to increase the traceability of the processes of collection, distribution and payment of remuneration.
The procedure for designating a collector is a complex institutional procedure, which requires compliance with the law, examination of the relevant circumstances, assessment of the functioning of the collective management system and ensuring the traceability of the processes of collection, distribution and payment of remuneration.
With regard to the alleged “legalization of piracy”, these statements distort the legal effects of the procedure for designating a collector and create the false impression that authors were deprived of due remuneration. However, the existence of an administrative process for designating the collector, examining the requests received from interested parties and initiating institutional controls or analyses cannot be qualified as legalizing piracy.
In the context in which AGEPI is doing its utmost to consolidate the rights management system, it is noted that the attacks and accusations launched in the public space against the institution tend to intensify. These circumstances generate reasonable suspicions that certain disinformation campaigns aim to influence ongoing institutional processes, including the process of designating the collector of remunerations or the control and monitoring activities provided for by law.
The institution remains open to collaboration with all interested parties and will continue to provide a platform for dialogue to identify legal, balanced and viable solutions that ensure both the protection of the interests of authors and rightholders, as well as predictability and stability for users of protected content.
AGEPI will continue to exercise its legal mandate in a professional, impartial and transparent manner, for the benefit of authors, rightholders, users and the entire society, contributing to the development of a functional, credible and aligned intellectual property system with European standards and invites all stakeholders to constructive and civilized dialogue for the benefit of the entire community.
