ألبانيا

On some supplements and changes to Law No. 7564, dated May 19, 1992 “On Copyright”

Based on articles 78 and 83 point 1 of the Constitution, upon the proposal of the Council of Ministers, THE PARLIAMENT OF THE REPUBLIC OF ALBANIA DECIDED In the Law No. 7564 dated 19.05.1992 “On Copyright” will be made some supplements and changes.

1. Letter (a) of article 1 will be changed as follows:

(a) Written works including computer programs whether in source or object code.

1. The title of article 2 will be changed as follows:
   “Derived works and collections”
   
2. The title of article 18 will be changed as follows:
   “Term of protection of anonymous or pseudonymous works”
   

4. In article 37 point 3, letter (b), the words “of article 39” will be replaced by the words “of article 38”

5. Article 50 will be changed as follows:

(a)

The translation, adaptation, sound or visual recording, importation, reproduction and circulation, the entry of special instruments for recording sounds and/or images, radio and/or television broadcasting or transmission other than through radio or television, or the transmission of an artistic work by any other means without the authorization of its author or the agency to which the rights have been transferred by the author, which conflicts with the provisions of this law or the international conventions ratified by the Republic of Albania, when the author’s moral and economic rights have been infringed, constitutes a criminal work and is penalized by fine or imprisonment up to one year.

(b)

Disputes between the user of an intellectual property work and the author or the agency to which the rights have been transferred by the author, because of a violation of the conditions specified in the contract concluded between them, are submitted by the interested party to the relevant court for civil settlement.

6. Article 51 will be changed as follows:
“The provisions of this law shall apply to:

(a)

Works the author of which has Albanian citizenship or lives permanently in the Republic of Albania, regardless of the country where they were published for the first time.

(b)

Works published for the first time in Albania or in a country that is a member of an international Copyright treaty or convention to which Albania is also a signatory.

(c)

Works published for the first time in a country that is not a member of an international Copyright treaty or convention, to which Albania is a signatory, when the works are published simultaneously in the territory of this country and in the Republic of Albania or in another country which is a signatory to the international Copyright treaty or convention.

(d)

Works created before the moment this law came into force but have not yet fallen into the public domain through the expiry of the term of protection afforded under this law.”

7. Article 52 will change as follows:

The Council of Ministers, the Ministry of Finance, the Ministry of Culture, Youth and Sports and the Ministry of Education and Science are charged with issuing the relevant acts enforcing the implementation of this law.

8. This law shall enter into force on the fifteenth day following its publication in the Official Gazette.

Chairman
Skender Gjinushi