Law No. 8826 of November 5, 2001 on Some Supplements to Law No. 7564 of May 19, 1992 on Copyright
Law No. 8826, dated on November 5, 2001
On some supplements to Law No. 7564, dated May 19, 1992 “On Copyright”
Based on Articles 78, 81 point 1 and 83 point 1 of the Constitution, upon the proposal of one deputy,
THE PARLIAMENT OF THE REPUBLIC OF ALBANIA
In the Law No. 7564 dated 19.05.1992 “On Copyright” amended by Laws No. 7923, dated 19.4.1995, No. 8594, dated 6.4.2000 and No. 8630, dated 3.7.2000 will be made these supplements:
1. At the end of Article 50 it is added Article 50/1 having the following content:
50/1. The following infringements constitute administrative violations:
The use of the artistic property, by legal and physical subjects, not being provided with the author’s permission, or not having a contract with the collective management organizations, be them Albanian or foreigners, all this in compliance with the international agreements signed by Republic of Albania.
The nonpayment in due time of the obligations deriving from the execution of the contracts or the authorizations concluded between Albanian or foreign authors or the collective management organization and the users of the artistic property”.
2. At the end of Article 50/1 it will be added Article 50/2 having the following content:
50/2. The violations provisioned in Article 50/1 of this Law, when not making up a penal act, are called administrative infringements and are punished by fine administered by the supervision inspectors of the Tax Police operating within the General Directorate of Taxation. In addition to the collection of the fines provisioned hereinafter, these inspectors oblige the users to proceed with the cashing of royalties pursuant to this Law. The fines are as follows:
Fines varying from 100 000 to 400 000 Leke for big users, such as national radios and televisions, hotels, producers (editors) of cassettes, videotapes, or CDs and other users of the artistic property in the field of literature, visual arts and artistic photography.
Fines varying from 50 000 to 150 000 Leke for middle users, such as local radios and televisions, discotheques, piano bars, restaurants fitted up with dancing areas, pubs, internet operators, TVbingos and other gambling games taking place along with artistic shows, halls of other destinations as The Palace of Congresses, stadiums or indoors sport halls when are rented for show purposes.
Fines varying from 25 000 to 90 000 Leke for small users, such as coffee bars, pubs, restaurants, taverns, hotels, motels and the aerobicgym halls.
Procedures of complaint and procedures of administrative measure execution are made in accordance with the Law No. 8560, dated 22.11.1999 “On the Taxation Procedures in the Republic of Albania.”
3. At the end of Article 50/2 it is added the Article 50/3 having the following content:
50/3. The taxes collected by the users of the artistic property not complying with the Law, are shared out as follows: 60% go to the state budget and 40% on the account of the collective management organizations.
4. At the end of Article 50/4 it is added Article 50/4 having the following content:
50/4. The Minister of Finance issues an instruction on the way the organs of the Tax Police control intellectual property users.
5. This Law enters into force 15 days after its publication in the Official Gazette.