THE LAW
Nr.9380, Date 28.4.2005
THE COPYRIGHT AND OTHER RIGHTS
RELATED TO IT
Pursuant of the Article 78 and Article 83, paragraph 1, of the Albanian Constitution,
on the proposal of the Council of Ministers,
THE ASSEMBLY
OF THE REPUBLIC OF ALBANIA
D E C I D E D:
PART ONE
GENERAL PROVISIONS
ARTICLE 1
THE SCOPE
This Law aims at the protection of the Copyright and the other rights related to it.
ARTICLE 2
THE OBJECT
The Law on the “Copyright and the neighbouring rights” defines the rights and the
obligations for the subjects participating in creative, productive or commercial
activity as well as in any other mode of evaluation, exploitation, use or alienation of
literary, artistic or scientific works.
ARTICLE 3
THE SUBJECTS AND THE AREA OF THE APLICATION
1. Copyright is applied over natural or legal persons, both Albanian and foreign,
who exercise creative, productive or commercial activity as well as any mode of
evaluation, exploitation, use or alienation of literary, artistic or scientific works,
covering the territory of the Republic of Albania.
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2. The dispositions of this Law are applied over:
The works:
a) not being publicly presented and having Albanian citizens as authors;
b) not being presented in the public and their authors are natural persons living or
resident in the Republic of Albania;
c) being performed to the public of the Republic of Albania or they are
performed abroad, and within 30 days, they are performed in the Republic of
Albania.
ç) of foreign authors, being first available at their own country or at a third
country and, within 30 days, they have been presented at the Republic of Albania
as well;
d) architectural works being built within the territory of the Republic of Albania.
2.2.the performs and presentations of artists and/or interpreters:
a) living in the territory of the Republic of Albania;
b) whose performs are recorded on sound carriers, object of protection under this
Law;
c) being for the first time presented and/or performed to the public of the
Republic of Albania or being available, not later than 30 days, in the Republic
of Albania as well.
2.3.sounds records:
a) realised by producers, natural or legal persons living or resident in the
Republic of Albania;
b) when the first recording, in any mode of material, is produced for the first time
in the Republic of Albania;
c) already being available to the public of the Republic of Albania or they have
been previously available in another country and, at the same time, within 30
days, they are available in the Republic of Albania as well.
1.4.radio and television programmes:
a) broadcasted by the organisations of radios and televisions, having seats in the
Republic of Albania;
b) broadcasted by emitting stations situated in the territory of the Republic of
Albania.
3.The use of intellectual property works in the field of art, culture and science,
being created prior the time this law enters into power, is made in pursuant of this
law dispositions and of the international agreements where Republic of Albania is
party member.
ARTICLE 4
DEFINITIONS
For the purposes of this Law, the terms used herein have the following meaning:
1. Artistic work means any original, intellectual creation of a natural
person, being materialised, despite of the form or way of expression,
aiming at human’s feeling touch.
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2. Derivative artistic work is any intellectual, which derives by an
original work without violating it.
3. Anonymous work means any work made available to the public under
a pseudonym or anonymously.
4. Work of applied art is any artistic work applied over usable
stuff/objects, handcrafted or of industrial production.
5. Architectural work is any creative work in the field of construction
where there are included blueprints, sketches, plans and other related to
architecture.
6. Audiovisual work means that work involving the human’s sense of
see and hear, meaning a series of view sequences, joined and
uninterrupted, accompanied by sounds, recorded to be displayed by
apparatus available for transmitting such pictures and sounds.
7. Choreographic work is the composition of movements created for
dance performance or any other designed movements’ composition
mainly created to followup the musical work.
8. Cinematographic work is any sequence, of fixed picture over a
carrier or transparent celluloid stripe, sensible to light, eligible to be
screened as a moving picture.
9. Theatrical work is the artistic creation of a completed text, stage,
musical text or librettos, available to be presented live in the public.
10. Joint authorship means the joining or socialisation of some authors in
the creation of a work.
11. Copying of a work is the reproduction of a work expressed in a
material form.
12. Dialogue is the component of a literary, drama or cinematographic
work taking the shape of a conversation.
13. Drama work means the combination of stagy movements with
dialogues and monologues (soliloquies) of one or more characters,
created to be performed on stage by transmitting a certain reality
through their interpretation.
14. Drawing is the creation presenting an object and/or fictional pieces
realised by lines.
15. Engravings is the artistic work being created by etching on metal,
stone, wood, linoleum (waxcloth).
16. Mime is the dramatic action, expressed by gesticulations, movements
or pantomimes, without uttering any word.
17. Exposition of an artistic work means the public presentation, in a
direct form, of an original work.
18. Folklor (folk art) means the entirety of folkloric works composed of
artistic traditional components, perpetuated and created by a
community or individual of this community, which reflects the cultural
and artistic values and the heritage of this community.
19. Graphic work is an artistic work created by drawing lines or by using
colours on a flat surface displaying a drawing, a painting and even an
engraving.
20. Lithography is an artistic work created by lineation of a drawing on a
special type of stone or metal with the purpose of reproducing it
through paint.
21. Musical work. These works contain all the kinds of sounds’
combinations (composed) with or without text, lines or libretto,
intended to be executed through musical instruments or human voice
and/or both.
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22. Original work means in material form that emerges when the creation
is fixed for the first time. As regards the writings, the original is the
manuscript.
23. Personal use means making a single copy, one reproduction, one
translation, one adaptation or transformation of the work of others,
only for personal use, for study necessity or for its personal
satisfaction.
24. Photographic work is the image of the objects of reality, produced on
a surface sensitive to the light or to other radiant nature.
25. Dubbing is the substitution of an actor’s voice in an audio or
audiovisual work with the voice and /or movement of another actor.
26. Pseudonym is a fictitious name selected by an author for representing
the authorship of the work without revealing his true identity.
27. Publisher is the natural or legal person that undertakes the initiative
and realises under his own responsibility the publication of a work, its
mechanic reproduction and making it available to the public through
any means and tools.
28. Screenplay is the text written for an audiovisual work.
29. Scenic screenplay is the completion of a literary screenplay of a
cinematographic work or of any other form of work containing detailed
descriptions of the characters, of the scenery, providing useful
guidelines and defining the sounds effects.
30. Sculpture is an artistic work representing, either in abstract or realistic
form, a figure in threedimensional form.
31. Design is the preliminary version of an outline, of a picture, sculpture,
literary, scientific or musical work.
32. Translation is the written or oral presentation of a text into language
other than the original.
33. Video gram means the background where the audiovisual work is
fixed and produced, provided with or without a sound enabling the
transmission or reproduction of the work.
34. Video tape is the tape containing the audiovisual fixing.
35. Database comprises the collection of the works and of independent,
various data or of other materials listed in alphabetical order and under
a defined method, which are accessible to everyone via electronic or
other means. Exclusion from this definition is the computer software
used to create or make available the data base electronically accessible.
36. Communication to the public means any action by which one or
more individuals realise the immaterial use of the work.
37. Communication via satellite means any intercession (interfering) act
to the programme carrying signals to be received by the public, in a
chain satellite broadcasted earthward, under the responsibility and
control of the broadcasting organisation.
38. Broadcasting will mean the production of the communicating signals
intended for satellite programmes, when the reception of these signals
by the public is realised only through a broadcasting organisation and
not through the organisation of the origin.
39. Reproduction of work means the fixing of an original work onto a
carrier to be broadcasted to the public.
40. Distribution of the work is the availability of the original or copied
work by the public through selling, donation, inheritance, lending or
renting.
41. Rental of a work means making available for use of the original or
copied works, for a limited time of period and for direct or indirect
economic or commercial profit.
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42. Lending of works means making available for use of the original or
copies of the works, for a limited time of period and for direct or
indirect economic or commercial profit.
43. Computer software means the detailed description of the computer
programs, which defines the guidelines on how to use the program and
the other supporting materials, in the instructing form, being created to
help to understand or use the program.
44. Cable transmission or through cable means the uninterrupted
transmission, continuous, and at the same time, by means of cable or
through the microwaves transmission system, of the radio and
television programmes to be received by the public by the wire or
wireless.
CHAPTER I
THE AUTHOR OF THE WORK
ARTICLE 5
Authorship
1. The author/s is the natural person that creates a literary, artistic or scientific work.
2. Until proved otherwise, the person whose name is inscribed in the work made
available to the public for the first time shall be considered its natural author or group
of authors.
3. Until the identity of the author is disclosed, the copyright will be exercised by the
natural or legal person, who for the first time made the work available to the public
anonymously or under the pseudonym.
ARTICLE 6
Coauthors
1. A joint work is the creative work of some authors in cooperation.
2. Coauthorship is reached through an agreement between authors or based on the
dispositions of the Civil Law of the Republic of Albania.
3. The copyright over joint work is granted to all authors, who have agreed one
among them as the main author.
4. The authors of a joint work make use of the work upon an agreement among
themselves. Every author should find a reasonable ground to object the agreement.
5. Each of the joint authors enjoys the copyright to individual use of the his own
contribution, unless the authors have agreed otherwise and if this does not hinder the
use of the work as a whole provided that they must not abuse by making use of the
work as a whole.
6. In the case of exploitation of the work created in cooperation, the coauthors,
according to the agreement between them, enjoys the right for remuneration in the
extent and conditions agreed between themselves. If this agreement does not exist, the
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remuneration shall be divided according to the contribution of each coauthor, or in
equal parts, when the amount of the individual contribution can’t be determined.
CHAPTER II
THE OBJECT OF THE COPYRIGHT
ARTICLE 7
The object
The object of the copyright in the field of literature, art or science, product of creative
work of human mind, without taking into account the way of creation, means or
practical forms of expressions and apart from their values or destinations , are:
a. the literary and newspaper writings, lectures, religious prayers as well as any other
oral or written creation, and the computer programs;
b. oral and written scientific creativity, such as for example: the scientific lectures,
studies, university lectures, teaching books, the scientific projects and documentation;
c. musical compositions, either in written or oral form;
d. drama creations, dramamusical creations, choreographic creations and the
pantomimes;
e. cinematographic and other audiovisual creations;
f. photographic creations and any other kind of creation expressed in forms similar to
photos;
g. creations of fine arts;
h. applied art works;
i. architectural creations, including designs, projects, tracing in a diminution scale and
graphical creations in the architectural projects;
j. threedimensional creations, maps and drawings in the topography, geography
fields, and in the field of science in general.
ARTICLE 8
The derived works
1. The following shall also be considered object of copyright:
a) The derived works, which, without prejudice to the copyright of an author’s work,
originate from one or some other works existed in the past, particularly: translations,
adaptations, illustrations, documentary creations, musical arrangements, and any kind
of transformation of a literary, artistic or scientific work that is a product of the
creative mind operation.
b) Collections of works, contributions, databases or other materials which, because of
selection or arrangement of their contents, constitute the author’s own intellectual
private creation, shall be protected as such by copyright. This protection is not
applicable for the content of the collection and does not harm the existing rights on
the content.
2. The protection of a database work is not applicable over computer programs being
used in making or operating the databases accessible by electronic means.
ARTICLE 9
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Exception cases
The following are not object of the copyright and does not enjoy the protection
according to this law:
a) the ideas, theories, concepts, discoveries and inventions in a creative work, apart
from the way of acquiring, explanation or expression;
b) the official texts of a legal, administrative, legislative, political nature and their
respective official translations;
c) the official symbols of the state, symbols of other public organizations and public
authorities, as for instance: the weapons, seal, flag, emblem, medallion,
distinctive, medal;
d) the payment’s means;
e) news and press information;
f) simple data and facts.
g) Folk expressions.
CHAPTER III
THE CONTENT OF THE COPYRIGHT
SECTION I
ARTICLE 10
Personal nonproperty rights
The author of a work enjoys the following personal nonproperty rights:
a) to decide on how and when his/her work shall be available to the public and
the place where the work shall be presented for the first time to the public;
b) to ask for recognition of his authorship of the work, particularly asking for his
name appearing on his copied works, and upon the tradition and the usual
practice, the name should be attached to the work when it is presented
publicly.
c) to decide on whose name the work shall be available to the public, and the
right to be anonymous;
d) to ask for respecting the integrity of the work and to object any extraction or
alteration that prejudices his honour and name.
e) to withdraw the permission for the exploitation of the work, providing non
infringement of the legal rights and interests of the rightholders on the
exploitation of the work, which may be harmed by this act of the author, if it
is necessary.
f) To object the authorship decided arbitrarily by the others, whatever the reason
is.
ARTICLE 11
Exertion of non propriety rights
1) The personal nonproperty rights are not subject of any waiving. These rights are
2) After the death of the author, exertion of the rights provided for in Art. 10 shall be
transferred through the heredity, in accordance with the civil legislation and the
provisions of this law.
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Section II
The Property rights
Article 12
The propriety right
1. The author enjoys the exclusive right of exploitation over his work in any form
and way.
2. The author of a literary, artistic or scientific work, enjoys the right of
remuneration in any case and any way of the exploitation of the work, authorized
or not by himself, even if he waives this right.
Article 13
The exclusive right for the exploitation of the work
1. The author enjoys the exclusive right of exploitation of his work either in material
or nonmaterial form.
2. The author enjoys the exclusive right, taking into consideration his work as a whole
or in part, to authorize:
a) the direct or indirect, temporary or permanent reproduction of the work, by
any means or in every form;
b) distribution to the public of an original or copy of the work, in every form, by
selling, lending, renting, donation;
c) import, export and distribution of the copies of the works produced with the
author’s consent;
d) stage performances, recitations, any other kind of presentation to the public, or
the direct performance of the work;
e) public exhibitions of the fine art works, applied arts, photographic creations,
and architectural works;
f) public shows of the cinematography works and of other audiovisual works;
g) broadcasting of a creation through any kind of reproduction of signals, tones
and images by wire or wireless, including even the satellite broadcasting.
h) broadcasting of a work to the public by wire, cables, optic fibers, or through
any other way;
i) communication of a work to the public through audio or audiovisual
recordings;
j) complete, simultaneous and uninterrupted retransmission of a work through
the means defined in paragraphs (g) and (h) by a broadcasting station,
different from the original radio or television that transmitted the work;
k) alteration of the work;
l) making the works available to the public, through the wire or wireless means,
in such a way that members of the public may have access at any place and at
any time individually chosen by them.
Article 14
Distribution right of the work
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The distribution right is exhausted on the original work or on its copy, when this right
is exercised by its right holder or by his consent through the first sale or by any other
means of ownership transfer, and only if these acts divest him of the right of
redistribution of the work in continuance and of the rental right.
Article 15
Exceptions of the right of lending and renting
1. Making available a work for exposure, advertisement or communication purposes
to the public through the phonograms or audiovisual (videogram) recordings,
including even part of each of them, as well as making available for consultation
purposes, is excluded from the renting notion.
2. Making available a work for exposure, advertisement or communication purposes
to the public through the phonograms or audiovisual (videogram) recordings,
including even part of each of them, as well as making available for consultation
purposes, is excluded from the lending notion.
3. When lending causes the payment of a remuneration, which does not surpass the
sum that is necessary to cover the expenditures of borrower, is considered to have not
a direct or indirect economic or commercial advantage.
4.Apart from the renting or lending right is given to the producer of phonogram, to
the producer of the cinematographic, audiovisual works or of the sequences with
movable appearance, the author and /or interpreter enjoys the right to obtain an
adequate remuneration for the rental or lending contract, signed by the producer with
the third parties. The management of this right may be transferred to the third parties
representing the authors and the performers.
5.Provisions of this article regarding renting and lending are not applicable for the
architectonic and applied art works.
ARTICLE 16
Transmission to the public
1. Acts of transmission to the public, are particularly:
a) Scenic stages, recites, or any other oral presentation and the performance to the
public of the dramatic work, dramaticmusical works, literarymusical works,
through any kind of means or procedure.
b) Screening of the cinematographic works to the public, and of other audiovisual
works.
c) Transmission of any kind of work through the radio diffusion, or through any
kind of way that serves for wireless diffusion of signs, sounds, or views.
ç) The radiodiffusion or communication to the public by satellite of any kind of
work, under the control and responsibility of the broadcasting or satellite
organization, targeted for the public.
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d) The transmission of any kind of work to the public by wire, by cable network,
by optic fibre or any other kind of proceeding that enables or not the
remuneration.
dh) The emission or transmission of the work diffused by the radio, in a place
opened to the public, through any kind of appropriate means.
e) Public exposure of the art works, or of their reproductions.
f)transfer or opening of the data base, making available to the public, through the
above mentioned ways, apart if the data base contains and/or constitutes a
protected work;
2. A communication which occurs within the close relatives and is not integrated nor
connected with a diffusion network of any kind, is not considered as public
communication.
ARTICLE 17
Alteration of the work
1. The author has the exclusive right to authorize every adaptation, elaboration
and other alteration and translation that can occur on his/her work.
2. The copyright on the derived work belongs to the new author, only in case he
has previously taken a consent from the right holder of the original work,
whereas its exploitation can be exhausted without prejudice of the right
holders of the original work.
ARTICLE 18
The right of continuity
1. Authors of fine art works have the right of continuity on the sold work, in
profiting by the seller not less than 5% of the sum accumulated by every resale of
the work, but in no case more than 5000 Leks.
2. The right acclaimed in paragraph (1) of this Article may be transmitted only
through inheritance.
3. The persons who have performed the resale, are obliged to announce the
administration organization of the respective work, or, on the occasion, to inform
the author or the persons who enjoy the copyright on the work, within 30 days
from the day of the resale and have to deposit the necessary documentation, in
order to pay off the remuneration of the continuity right. In addition, when they
act in the account of, or, as representative of the proceeding saleperson, they are
jointly responsible for the remuneration of the right, and to this end, they are
obliged to calculate in the resale price the respective share of the author.
4. The right to ask information for the continuity right on the work is prescribed
within three years, starting from the day of the sale announcement, but no later
than 5 years from the sale date, unless the announcement is completed.
ARTICLE 19
The obligations of the graphic or plastic work proprietor
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1. The person who becomes the owner of a graphic or plastic art work, is obliged to
permit the author to supervise the work, and to let it at his disposal if the author asks
to exert his property right, on condition that this act does not harm the legal rights of
the owner.
2. In the case provisioned in paragraph (1) of this article, the author must provide the
owner of the work with the market value of the original work as well as an
appropriate remuneration, agreed upon in written form.
ARTICLE 20
Restrictions of the continuity right
1. In case the owner of the original fine art work wants to destroy or alienate the
work, he must notify in written form the author of the work, who, in such a case,
is the first to enjoy the right of buying the work on the value spent for its
realisation.
2. If the restitution of the original to the author is impossible, the owner is obliged to
permit the author to make a copy of the work, having the original as a model.
3. In cases of an architectural work, the author has only the right to take pictures of
his own work and ask for a copy of the project.
CHAPTER IV
DURATION OF COPYRIGHT
ARTICLE 21
The duration of copyright
1. The copyright over a literary or artistic work shall run for the life of the author and
70 years after his death, irrespective of the date when the work has been lawfully
available to the public.
2. For the works having two or more authors, the term specified in paragraph (1) of
this Article, shall commence from the death of the last surviving author.
3. Copyright over anonymous or pseudonymous works, shall be protected for seventy
years after the works have been lawfully made available to the public. However, when
the pseudonym adopted by the author leaves no doubt as to his identity, or if the
author discloses his identity during the period referred to in the first paragraph of this
article, the provisions of the preceding article shall apply.
4. When the work is published in volumes, parts or episodes, the term of copyright
protection runs from the time when the work was lawfully made available to the
public adding to this term, the time calculated for each part of the work published
separately.
5. In case of works, the protection term of which is not calculated from the death of
the author or authors and which have not been lawfully made available to the public
within 70 years from their creation, the copyright protection shall terminate.
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ARTICLE 22
Cinematographic and other audiovisual works
The term of cinematographic and other audiovisual works’ protection shall expire 70
years after the death of the last of the persons to survive, whether or not these persons
are designated as coauthors.
ARTICLE 23
The protection of photographs
The copyright term over a photographic work shall be calculated based on the criteria
defined in the Article 21 of this Law.
ARTICLE 24
The protection of foreign authors
When the country of origin of a work, within the meaning of the Berne Convention, is
a third country, and the author of the work is not Albanian national, the term of
protection shall expire on the date of expiry of the protection granted in the country
of origin of the work, but not exceeding the term laid down in Article 21 of this Law.
ARTICLE 25
Calculation of the terms of protection
The terms laid down in this Chapter start from the first day of January of the year
following the author’s death or, accordingly, after the first lawful presentation of the
work.
CHAPTER V
RESTICTIONS TO THE EXERTION OF THE COPYRIGHT
ARTICLE 26
Restrictions of the copyright
Usage of the work without the permission of the author
The usage of an work is permitted, without the prior approval of the author and
without any remuneration, on the condition that these usage do not prejudice the
copyright or the right holders rights on the work. These cases include the following:
a) The reproduction of separate writings or parts detached from a work on the daily
press, periodicals, or in radio and televisions programs, if the name of the author and
the source of information are indicated, and also in case otherwise provided.
b) Reproduction of speeches held in public meetings, published on the daily press or
on various periodicals, and also their transmission to the public, in radio and
television, indicating the name of the author, the date and the place where the speech
was held.
c) Reproduction of the entire work or part of that work, during a judicial or
administrative proceeding, always to the extent justified by the purpose of the usage
and indicating the source of the work or its author as well.
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d) Reproduction of the entire work or parts of works for private use on the condition
that it does not prejudice the commercial exploitation of the work.
e) Reproduction of a work fixed in a container of the sound and/or of the figure, or in
a graphic container, by a natural person, for purposes of individual or familiar usage,
and without performing any direct or indirect commercial act.
f) The photocopy of works that are located in public libraries, which are made for
individual usage within this environment or for the services of the library.
ARTICLE 27
Partial reproduction of the work without remuneration
1. Briefing, citation or reproduction of excerptions or parts of a work for purposes of
critical studies, or for discussions or theoretical purposes, is permitted within the
extent of these aims, on the condition that these acts do not prejudice the
commercial exploitation of the work.
2. In anthologies for educational purposes, the reproduction of the work or parts of it
must not exceed the extent defined by the legal provisions and bylaws in force.
3. Briefing, citation or reproduction of a work or parts of it shall always be
accompanied by mentioning the title of the work and the name of the author, the
publisher and, in case of a translation, the name of the translator.
ARTICLE 28
Reproduction and rented use of the work for cultural advertisement
1. The reproduction of the work or of a part of it may be permitted without the
author’s or right holder’s consent in the case of lending of these works by public
institutions that owe the legal original copies of the work, only for cultural
advertisement and not for profit aims.
Constitute exception from paragraph 1 the following:
a) musical and opera scores;
b) phonograms and videograms containing musical works,
cinematographic or audiovisual works, fragments from movies with
or without sound, only 18 months after the first exertion of the
distribution right.
c) In the case when the libraries or the discographic houses, either
public or governmental ones, rent the works to be used for cultural
advertisements or private usage, it is not asked the consent of the
right holders of the aforesaid works and it does not apply any
financial obligation over it.
In this context, the term “rented use” means the following:
a) photocopy of the original works, besides the opera and musical scores;
b) phonograms and videograms containing musical, cinematographic,
audiovisual works or sequences of movie pictures, with or without
voice, only 18 months after the first exertion of the distribution right.
c) In case the renting public institution has profit purposes, the above
mention paragraph will be applied upon the order of the Minister of
Culture, Youth and Sports.
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ARTICLE 29
Reproduction of musical works or parts of them, for non profit purposes
The musical groups and bands of Armed Forces of the republic of Albania may
perform in public musical excerption or parts from the musical works, without any
payment regarding the exploitation rights of the work to their right holder, on the
condition that the performance has been performed for non profit purposes.
CHAPTER VI
THE TRANSFERIBILITY OF THE AUTHOR’S PROPERTY RIGHTS
Section One
General Provisions
ARTICLE 30 Transfer of propriety rights through the contract
1. The author or right holder can transfer through a contract, only his property rights.
2. The transfer of the author’s property rights is limited for some defined rights over a
certain territory and for a certain period of time, expressively provided in the
agreement or in the contract.
3. The property rights of the author are transferred in the exclusive or nonexclusive
form;
4.In case of the exclusive form of transfer, the owner of the original work does not
any longer have the right of usage of the work, during the period of time and for the
territory agreed upon, and does not have the right to transfer the same title to a third
party.
The object and the conditions of the exclusive form transfer of the right are provided
expressly in the contract. The contract is valid when it is in accordance to the
provisions of this law and legislation in force.
Retransfer of the right in the exclusive form for the same object and conditions, from
its right holder to another person, is null and void.
5. In case of nontransferring of the exclusive form right, the author or accordingly, the owner of the original work, enjoys the right of ownership even through a third
party.
6. The person who does not enjoy the right of exploitation of the work in exclusive
form cannot transfer this right to a third party, without a written consent from the
author of the work.
7. The delivery of a property right by the copyright titleholder has no influence on the
other rights.
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ARTICLE 31
The transfer of the reproduction right
The transfer of the work’s reproduction right does not mean the distribution right
transfer, except for the cases when the contract does expressively otherwise provides.
ARTICLE 32
The terms of the contract
1. The contract on property rights transferability is valid only in written form.
2. The contract on author’s property rights transfer defines the rights and the
obligations of the rightholder who acquire these rights, the ways of exploitation, the
time period, the territory and the respective remuneration.
3. The lack of these provisions gives the right to the interested party to ask for the
dissolve of the contract.
ARTICLE 33
The works created according to the working contract
1. The employer enjoys the property rights on the work created by the author
according to the individual working contract. In this case, the contract must provide
the period of time for which the property rights have been granted, except the case
when expressively otherwise settled. Unless this period of time is defined, it is
considered to be 3 years from the date of consignment of the work.
2. At the expiration of the period settled in paragraph (1) of this article, the propriety
rights will be turned back to the employee.
ARTICLE 34
The remuneration on the propriety rights transfer
1. The remuneration on the property rights transfer is settled in an agreement between
the parties. The remuneration is calculated in commensurate with the revenues
deriving from exploitation, or in other ways.
2. In case the remuneration is not settled in the contract, the author or the rightholder
of the copyrights enjoys the right of appealing the competent authorities, to fix the
payment according to the terms of this law.
In this case, the remuneration is fixed following the analogous cases, taking into
consideration the greatest amount of the remuneration, for the same category of
works, the destination and duration of exploitation, and any other circumstance
related to this case, proved by the interested party. This remuneration never can be
defined less than 15% of the amount obtained by the exploitation of the work.
3. In case of an obvious disproportion between the author’ s revenues and benefits of
the person who has transferred the property rights, the author has the right to make
amends to the contract regarding his remuneration.
4. The author has no right to waive from the right defined in paragraph (3), except the
case is transferred via heredity.
15
ARTICLE 35
The works published in periodicals
1. The right holder of a work published in a periodical, enjoys the right to use it
according to the terms defined in the contract, on the condition that this act does not
prejudice the distribution right of the work published in periodical.
2. Unless being agreed upon otherwise, the right holder of the work may withdraw it:
When the work is not published within e period of a month from the
day it is given to be published in the daily press or periodicals,
Six months after the publication.
ARTICLE 36
Contract on ordering a work
1. The validity of the signed contract for ordering a work in the future is conditioned
by the determination of the time period for the work delivery and by the acceptance
terms of the person ordering the work.
2. The person who orders the work has the right to waive the contract in the case the
work is not in accordance with the agreed terms.
ARTICLE 37
Withdrawal of the author from the transfer contract of the property rights
1. The author has the right for onesided withdrawal from the transfer contract of
property rights, in case the one profiting the rights does not exploit the work
according to the agreed terms.
2. The author does not have the right for onesided withdrawal from the transfer
contract of his rights, in case it is the author himself for nonexploitation of the work,
according to the terms referred to in the contract, and in this case he is responsible for
the caused damage.
3. According to paragraph (1), the onesided withdrawal from the contract, should not
be requested before the termination of the biannual period from the date of granting
the property rights. In the case of works published in the daily press, the above
mentioned period of time is three months; for the other periodicals it is one year.
4. The owner of a work in the field of fine arts or photography has the right of
exposure in the public, regardless this work has not been previously available to the
public, except for the cases the author himself has expressively excluded this right
through the transfer contract of propriety rights.
5. The author has no right to waive the participation in the exercising the propriety
rights.
Section II
Publishing Contracts
ARTICLE 38
The contract between the author and publisher of the work
16
1. With a publishing contract, the author grants the publisher the right of reproduction
and redistribution of the work, and the publisher has to pay the compensation due to
the author.
2. The titleholder of the copyright enjoys the right to assign to the publisher the
authorization for the translation and adaptation of the work.
ARTICLE 39
Relations with the third parties
The transfer of the rights to the publisher, in order to authorize the third parties to
adopt or use the creation, constitutes the object of a special contract.
Article 40
Terms of a contract on publishing
1. The contract on publishing contains the following terms:
a. The duration of the contract validity;
b. The exclusive or nonexclusive form, the period and the territory where the work
has to be exploited;
c. The run of the publishing work;
ç. The remuneration of the author, defined according to the conditions provided by
this law;
d. The number of copies belonging to the author;
dh. The time period during which the author has to submit the original work;
e. Procedures of run control of the work;
f. Publication of the work provided with ISBN.
2. The lack of any provision provided in paragraph (1) of this law, gives the author the
right to withdraw from the contract and ask the compensation for the damage caused
as well.
ARTICLE 41
Transfer of the right of publishing, after the first publication
1. The publisher who has acquired the right to publish the work as a volume, enjoys
the right of priority in the transfer of the publication right of the work in electronic
form, against a remuneration which is equal with that of the competitor offered the
highest remuneration for the author, or the right holder of copyright of the work, on
the condition that the publisher of the volume, has paid without delay all the
obligations derived from the publication contract.
2. The right referred to in paragraph (1) is valid for three years after the first
publication of the work.
ARTICLE 42
Alteration of the work by the author
The publisher is obliged to permit the author to make alterations to any new
publication, on the condition that these changes do not obviously increase the
17
expenditures of the publication and do not evidently alter the motives of the creation,
except for the case otherwise agreed upon.
ARTICLE 43
Transfer of the publishing contract to the third parties
The publisher is allowed to contract a publication with a third party for the same
work, only after prior authorization of the author. In this case, the publisher is obliged
to share equally the profited sum with the author.
ARTICLE 44
The obligatory restitution of the original copy of the work to the author
The publisher must turn back to the author the original copy of the work, the original
copies of the art works, the illustrations and all the materials delivered for publication
reasons and that are in the ownership of the author
ARTICLE 45
Validity of the publishing contract
1. The publication contract and the rights being transferred to the publisher must be
deposited, and their effects originate, only after the registration and certification to the
Albanian Office for Copyright. They expire after the termination of the term agreed in
the contract or after the complete distribution of the copies of the publication. In case
of refusal of contract registration or certification by the Albanian Office of Copyright,
the applicant enjoys the right to appeal to the Ministry of Culture, Youth and Sports.
The complaint processing is done in accordance to the dispositions of the
Administrative Civil Code of the Republic of Albania.
2. Complete distribution of the published copies is considered when the unsold copies
make up at least 5% of the editing run, but, in any case, not less than 100 copies.
3. If the publisher does not publish the work at the agreed time, the author enjoys the
right to avoid the contract, ask for the compensation of the damage caused and the
missing profit, in accordance to the legislation in force.
4. If the time for the publication of the work has not been defined in the contract, the
last limit will be the 200 th
day, following the certify of the publishing contract and the
transfer of the right on the work by the Albanian Office of Copyright.
5. The author or the copyright holder may take back the copies, remained
undistributed up to two years after the termination of the contract, which the publisher
decides to destroy, against the remuneration paid to the publisher for the expenses
occurred for these copies, except for the case when the agreement does not explicitly
provide otherwise.
ARTICLE 46
Cancellation of the publishing contract
1. If, after the publication of the work and before its distribution, the quantity of
published copies is completely destroyed due to major forces, the contract is to be
considered cancelled and the parties do not have obligations, if it has been required by
the party which incurred damages by the major force, by submitting the contract to
18
the Albanian Office on Copyright, the later announces the other party within 15 days
by the date of contract submission.
2. If after the publication of the work and before its distribution, the amount of
published copies is partially damaged due to major forces, the contract has to be
considered valid for the remaining part, or completely valid if the publisher substitute
the damaged amount on his own expenses, within the terms set in the contract.
SECTION III
Contracts on Theatrical and/or Musical Performances
ARTICLE 47
Contracts on Theatrical and/or Musical Performances
1. The contract of theatrical or musical performance, is the transfer of the right to
perform in the public the literary, dramatic, dramaticmusical, choreographic or
pantomimic, by the author or rightholder of the copyright to another person,
organizer of the performance.
2. The contract of the theatrical and/or musical performance mentioned in paragraph
1 of this law, is valid and originate the effects only after the registration and
certification by the Albanian Office for the Copyrights, and expire after the
termination of the term for which an agreement has been reached. In case of
registration and certification refusal by the Albanian Office of the Copyright, the
applicant enjoys the right of complaint in accordance with dispositions of the
Administrative Procedures Code of the Republic of Albania.
ARTICLE 48
The clauses of the contract
1. The contract for theatrical and/or musical performances has to be concluded in
written form for a definite timeperiod and number of performances to the public.
2. The contract must include the time period over which the performance is staged,
number of performances of the work, exclusive or nonexclusive forms of rights
transfer, conditions of the supervision of revenues and the way of remuneration for
the author or for the rightholder of the copyright.
3. If no agreement has been reached in the contract regarding another period of time,
the interruption of the performance for 2 consecutive years, gives the author the right
to ask for the annulment of the contract, the indemnification for the damage caused
and the missing profit, according to the legal dispositions in force.
4. The titleholder of the right to perform the theatrical or dramaticmusical works,
does not enjoy the right to transfer the granted rights to a third party, without the prior
written approval of the author, or of the copyright title holder.
ARTICLE 49
The obligations of the right holder
The right holder for staging a theatrical and/or musical show is obligated:
19
a) to allow the author or the copyright titleholder to supervise the
performance of the work;
b) to assure the implementation of technical conditions for the
performance of the work;
c) to hand over to the author the program, the placard and other printed
materials as well as the public opinion on the performance;
d) to inform the author in written form about the number of realized
performances, the situation of revenues obtained respectively for
each performance, upon the author’s or titleholder’s right request;
ARTICLE 50
One sided cancellation of the contract
In case the right holder for the theatrical and/or dramaticmusical performance does
not perform the work in the public, on the agreed period, the author or the title right
holder has the right for onesided waive from the contract, and to ask for
indemnification for the damage suffered and for the missing profit, according to the
legislation in force.
TITLE II
RELATED RIGHTS
CHAPTER I
General Provisions
ARTICLE 51
RELATED RIGHTS
1. The related rights do not affect the authors’ rights.
2. The property rights provided in this Chapter can be partially or completely
transferred, according to the provisions of this law, and other legal provisions in force.
The following rights constitute the object of exclusive or nonexclusive rights
transfer.
3. Any agreement on the property rights transfer in the exclusive form must be
submitted for registration and certification in the Albanian Copyright Office.
CHAPTER II
The rights of interpreting and/or performing artists
Article 52
The interpreting and/or performing artists
1) For the purpose of this law, the performing or interpreting artists are:
The actors, singers, musicians, dancers and other persons, who present, sing, dance,
recite, play, interpret in dramas, films, conduct orchestras or perform in any manner
20
an artistic or literary work, a performance of every kind, including the folklore,
variety shows, circus and the puppets shows.
2) The provisions of this Chapter are applicable also for interpreting and/or
performing artists:
a. who play an important role for the performance of a dramatic, literary, musical
work or a composition , even if this is a secondary role;
b. who conduct the orchestra or chorus;
ARTICLE 53
Non propriety rights of the player and performer artists
1. The interpreting and/or performing artist has not only the obligation to identify the
origin (author, authors, etc) of the work interpreting and/or performing, but he/she has
the following own nonproperty rights:
a) to ask for unveiling of their names, when their performances are presented in
the public, transmitted or fixed in a phonogram registration, in
cinematography or other container of audiovisual works, or in any other
similar production;
b) to ask the respect of the quality of the show, and to object any change or
falsification;
c) to object any distribution, transmission or reproduction of the performances
where he/she interpret and/or perform, that could harm their honour or
reputation;
2. The rights of the interpreters expire 50 years after the date of performance in the
public;
Anyway, in case the performance is legally put into public disposal or it is transmitted
legally to the public within the abovementioned period, the rights validity expires 50
years following the day of first publication or the first presentation in the public,
whichever be the earlier.
ARTICLE 54
The Exertion of the rights of the interpreting and performing artists
1. The rights mentioned in Art. 53 are not object of resignation by the interpreting
and/or performing artists.
2. After the death of the player and/or performer artist, the exertion of the rights
provided in Art. 53 are inherited, according to the provisions of the Civil Code,
ARTICLE 55
The propriety rights of the interpreting and/or performing artists
1. Apart from any remuneration gained for their live performances and/or plays, the
interpreting and/or performing artists enjoy the exclusive right:
a) to authorize registration of their interpretation and/or performing.
b) to authorize the direct or indirect reproduction of the registration of their
interpretation and/or performance;
c) to authorize or prohibit broadcasting by any cable or satellite means and
communication to the public of their plays and/or performances, beside when the
21
performance has been already broadcasted or fixed in a container. If the
registration is realised in a phonographic or similar container and is used either for
profit or nonprofit purposes, the performing and/or interpreting artists, shall enjoy
the right of a remuneration according to Article 61 of this Law;
d) to authorize the distribution of the records of their performances by selling,
renting or any other way of transfer of property or possession; the right to
distribute the original copy of the recording of the performance and/or play,
beside the renting, terminates after its first sale by the right holder or with his
approval;
e) to authorize the availability to the public or to him, of the records of the
performances and/or interpretations.
2. The performing and/or interpreting artists enjoy the right of only one
remuneration, payable by the user, if the record of their performance and/or play, has
been transmitted for commercial purposes, or reproduction of the record has been for
its transmission by wire or wireless means/appliance that are capable to transmit them
to the public.
3. The term of property rights for the performing and/or interpreting artists is 50
years, beginning by the date when the work has been lawfully available to the public.
ARTICLE 56
The right of representation of the performing and playing artists
1. The performing and/or playing artists taking part collectively at the same
performance, such are the ballet dancers, members of a band, chorus, orchestra or
theatrical ensemble have the right to assign a representative, who, on their behalf and
benefit, issues the authorizations on the rights mentioned in Article 55 of this law.
2. The representative is assigned only in written.
ARTICLE 57
The property rights deriving from the working contract
1. The property rights on the records of the performances and/or the interpretations
accomplished according to the individual working contract belong to the employer for
a limited period of time, besides the case expressed otherwise. If this period of time
has not been defined in the contract, it has to be considered to have a validity of three
years starting from the day the recording of the performance and/or interpretation has
been realised.
2. The property rights are given back to the employer at the termination of the time
period laid down in Paragraph (1).
3. If a contract between an interpreter and work producer has been signed, either
individual or collective, on the production of cinematographic or audiovisual work,
the performer included in this contract has to be presumed that has lost his rental
right, beside the case when agreed upon otherwise.
ARTICLE 58
The exclusive right of performance exploitation
1. The performing and/or interpreting artists, taking part in the production of an
audiovisual work or recording of various phonograms, are presumed to have
transferred to the producer the exclusive right of exploitation of the performance by
22
means of fixation, reproduction, distribution and communication to the public, unless
otherwise defined in the agreement between them.
2. The performing and/or the interpreting artists enjoy the right to profit 50% of the
amount of the net incomes acquired by the producer.
CHAPTER III
The right of the producers of the phonograph records
ARTICLE 59
The producer of the phonograph records
1. The person accomplishing the recording and fixation of a work in a phonographic
container or in any other related appliance for the reproduction of the sounds and
voices directly from the performance, has to be considered the producer. The place
where the above mentioned operations are accomplished is called the production
place.
2. Without prejudice to the rights that the authors or their successors enjoy, the
producer of a phonographic container or any other related appliance for the
reproduction of sounds or voices, enjoys the exclusive right to distribute and to
reproduce, whatever the registration or fixation process is, either the phonographic
containers or an appliance being produced by himself, for the period and terms laid
down in the following articles.
3. Upon the authorisation of the author, the phonograph producer enjoys the exclusive
right of rental or lending of phonograms produced by himself and the right to
authorize their lending or rental as well. This right does not exhaust by the sale or
distribution of phonograms in any form, except for otherwise provided in the
agreement.
4. The producer enjoys the right to oppose any nonauthorized action for
phonographic recording or the use of other means to reproduce sounds or voices, if
such operations affect his commercial interests of the work; he also enjoys the right to
take from the respective user, the indemnification of the damage and the missing
profit, by the case, despite the targeted aim of this latter.
ARTICLE 60
Conditions and criteria for the distribution of phonograms
1) The distribution of the phonographic records copies or of any other alike
appliance for sounds or voices reproduction, where a work is recorded, is only
allowed if they must contain the following elements:
a) The title of the reproduced work;
b) The name of the author;
c) The name of the performing and/or interpreting artist. Theo orchestral or coral
groups will be identified by their artistic name;
d) The date of production
e) The artistic seal of the Albanian Copyright Office, the unconsumed one;
f) The sign (P) fixed in an insoluble manner to the container.
2) The distribution right, laid down in this chapter, is applicable only if a copy of the
phonogram container or any other related appliance for the reproduction of the
23
sound and voices is deposited to the Albanian Copyright Office, in accordance
with the provisions of its regulation.
ARTICLE 61
The revenues collected by the producer of phonographic records
1. The producer of a phonographic container or of a similar mean to produce sounds
or voice, along with the interpreting and/or performing artists of a work or part of it
recorded or reproduced on these devices, enjoy the right of a common remuneration in
exchange of the use of the phonographic container or of the other mean, through the
transmission by radio or television, including also the satellite transmission to the
public, cinema screening, public dancing, any other show into public environment,
and in any other case of public use of the container with the respective recording,
apart from the rights provided in the article 59 of this Law.
2. The producer is obliged to deposit the amount of the common remuneration
belonging to the interpreting and/or performing artists and to divide the remuneration
among the artists participating in performing and/or the execution of the work or of
parts of it, as stated in the provisions above.
3. The nondeposit of the remuneration from the producer, belonging to the interpreter
and/ or performing artists, up to one year from the date of the use, binds the producer
to pay off the obligation toward them for the amount which can or must be taken from
the user.
4.The amount of the common remuneration and the share of each participant in the
play or execution of the work, is defined on the bases of agreement signed between
the interested parties, but in any case, not less than 50% belongs to the interpreting
and/or performing artists.
ARTICLE 62
The duration of the property rights of the producer.
1. The duration of the property rights of the producer is 50 years after the first
settlement, starting from the first of January of the consecutive year.
2. If the record has been made available to the public during this period of time, the
duration of the property rights is 50 years, after the day the record has been available
to the public.
ARTICLE 63
Restrictions of the rights for the producers of the phonographic records
1. The rights referred to in this Chapter, may present restrictions in respect of:
a) private use;
b) use of excerpts along with the reporting of happening events;
c) temporary fixation by the part of a broadcasting organization through its own
facilities and for its own broadcasts;
d) use solely for the purposes of teaching and scientific research.
2. The restrictions provided in paragraph 1 of this Law are applicable with regard to
the protection of performers and/or interpreters, producers of phonograms,
24
broadcasting organizations as it is defined for the protection of the copyright of
literary and artistic works.
CHAPTER IV
THE RIGHTS OF THE PRODUCERS OF THE
CINEMATOGRAPHIC WORKS OR OTHER
AUDIOVISUAL WORKS
ARTICLE 64 The rights of the producers of cinematographic or other audiovisual works
The producer of a cinematographic work, of any other audiovisual work, or of the
film sequences, enjoys, upon the author’s authorisation, the exclusive right to:
a) authorize direct or indirect reproduction of the original works and of the copies
deriving from this reproduction;
b) authorize the distribution using all means, including the sale of the original works
and of the copies deriving from this reproduction. The right of the work
reproduction is not exhausted over the territory of the Republic of Albania, if its
first commercialization/trade in this territory is not done by its producer or with
his authorization.
c) authorize renting or lending of the original works and of the deriving copies. The
sale or distribution in any way does not exhaust the right of rental or of the
lending.
ARTICLE 65
The duration of the rights for the producers of the Cinematography or other
Audiovisual Works
The rights referred to in the Article 64 of this Law, shall expire 50 years after the first
fixation of the work is made.
ARTICLE 66
Expiration of the rights
1) If the cinematographic or other audiovisual work, or the sequences of film views,
has been available or communicated to the public during the period defined in the
article 65 of this law, the rights granted in article 64 of this law shall expire 50
years after the first communication of this cinematographic or audiovisual work to
the public.
2) If the cinematographic, audiovisual work or the sequence of the film views, has
been published or communicated to the public earlier than the period determined
in article 65 of this law, the rights settled out in article 64 of this law shall expire
50 years, after the first communication to the public of the cinematography or
other audiovisual work, or of the sequence of the film views.
PART III
THE LEGAL OPERATIONS INTERCATED
WITH THE COPYRIGHT AND THE RELATED RIGHTS
25
CHAPTER I
The cinematographic works or other audiovisual works
ARTICLE 67
Coauthorship in cinematographic or audiovisual works
1. The coauthorship of a cinematographic work and/or any other audiovisual material
is entitled to the author of the subject, the author of the screenplay, the author of the
dialogue, the composer and to the director.
2. The other natural persons sharing their contribution to a cinematographic or
audiovisual work, who prove that their contribution match the general requirements of
a private intellectual creation, are entitled coauthors in this work.
3. The exertion of the rights over property use of a cinematographic work or of any
other audiovisual work belongs to the person, who has realised the work production
without prejudicing the author’s moral right, within the defined timelimits in the
following articles of this Chapter, if otherwise agreed for the transfer of these rights.
4. The producer of a cinematographic or audiovisual work is presumed the person
who is mentioned as such in the cinematographic or audiovisual work container.
ARTICLE 68
The rights of the producer of film or audiovisual works
1. The exertion of the right of exploitation, pertaining to the producer of the work, is
only object of the cinematographic exploitation or any other exploitation of the
audiovisual work being produced, explicitly defined in the contract signed with the
author on the rights’ transfer.
2. In the lack of otherwise agreement, the producer might not undertake changes,
adoption, transformations or translations from the produced work without having the
consent of the authors as per paragraphs 1 and 2 of Article 67 of this Law.
3. The authors of the music, of the musical compositions and of the texts
accompanying the music or the title holders of the rights over these works, enjoy the
right to get special remuneration for each performance directly provided by the
persons communicating the work into public. In case of not existence of an agreement
between parties, the author or the title holder of the author’s rights enjoy the right to
ask the respective organs to define the amount of remuneration, pursuant to the
criteria set by this law. In this case, the remuneration is being defined analogically
taking into account the greater amount of the remuneration for the same work
category, place and duration of the exploitation and any other circumstances being
proved by the interested party, but it must not be less than 15% of the sum profited by
the exploitation of the work.
4. Unless being remunerated, upon the percentage, by the incomes resulting from the
public performance of the cinematographic or audiovisual work, the authors of the
subject, of the screenplay, of the dialogue, and the director enjoy the right to get a
special additional compensation, when the incomes reach the amount set in the
contract with the producer, the form and unit of which is decided upon the agreement
between the interested parties.
5.The size of the special compensation for public shows using film projector means,
musical compositions or for texts accompanying the musical work being integral part
of the film work or of other audiovisual material, within the meaning of this article,
26
shall be settled upon a general agreement between the collective administration
agencies of the copyright and representing organisations of film works shows or other
audiovisual materials or an agreement between these later and the person realising the
public show of the work when a representing organisation is missing.
ARTICLE 69
The property rights over film works or other audiovisual materials
1. Irrespective of the provisions under the article 67 of this law, which defines the
distribution rights eligible to the producer, the authors of film or audiovisual works
acquire the right of the correct compensation by the distributing organisation. Such
compensation must be paid commencing from 1 st up to 31
st January of each year and
for each type of use of the work, after its public show, broadcasted by wireless, cable
or satellite means, during the following year.
2. In case of film and audiovisual or similar works’ use, other than that provisioned in
paragraph 1 of this law and of the letter “d” of the paragraph 1 of article 16 of this
law, the authors of the work shall be entitled to a proportional compensation for each
separate use of the work by persons being granted the use rights.
3. In each case of film or audiovisual or similar works’ use, the original language of
which is not Albanian, the authors of the derivative works, the texts of which is being
translated or their dialogues adopted into Albanian language, shall be entitled the right
of direct compensation.
4. The remuneration provisioned in the paragraphs 1, 2 and 3 of this law shall not be
avoided and, if an agreement does not exist between the interested parties under the
paragraph 5 of the article 68, this compensation shall be settled in analogous way, in
accordance with the procedures under paragraph 3 of the article 67 of this law being
“mutatis mutandis’ applied, substituting the type of use.
ARTICLE 70
The reciprocity on the rights and obligations between the producers and authors
of the film and audiovisual works
1. The producer shall be entitled the right to make changes, adoptions,
transformations or translations over the film or audiovisual work being used, which
are deemed necessary for the cinematographic or audiovisual production following
the provisions under the paragraph 2 of the article 68 of this law.
2. The necessity of changes made or to be made on the cinematographic or
audiovisual work, in case an agreement does not exist between the producer and one
or more authors under article 67 of this law, shall be considered by the experts of the
work changed, who will be appointed by the Albanian Office for the Copyright, in
accordance with the rules of the civil procedure in assigning experts.
3. The written report of the experts group shall be final and the institution takes the
decision, which may be objected by the interested person presenting the case in the
court.
ARTICLE 71
The right of authors’ name appearance in the film or audiovisual works
27
The authors of cinematographic or audiovisual works enjoy the right to have their
names being declared in the public during their film and/or audiovisual work show to
make known their professional estimations and contributions in the work.
ARTICLE 72
Restriction over the authors’ right for the reproduction of film and/or
audiovisual works
The authors of literary or musical parts of a film and/or audiovisual work may have
the right to reproduce them or to make separate use of them by any means, on the
condition that this might not prejudice the right of exploitation being granted to the
producer.
ARTICLE 73
The legal operations between the authors and producers of film and/or
audiovisual works
1. If the producer does not conclude the film and/or audiovisual work within a period
of 3 years from the date of handing over the musical or literary parts or he does not
distribute the completed work within three years of its completion, the authors of the
separate parts of the work are assumed to have possession on their work, following
the dispositions of this law without being restricted by the joint contract with the
producer.
2. If after the completion of the deadline defined in paragraph 1 of this article, upon
the special consent of the authors, the producer manages to complete or distribute the
film and/or audiovisual work within a period of one year, the agreement concluded
with the authors is valid providing the reservation of abiding the rights the authors
have been entitled by the paragraph 1 of this law. The authors’ special approval can
not be previously provisioned in the agreement reached with the producer and it might
not be avoided by no means, as well.
3. Any act violating the aforesaid paragraphs will be assumed unavailable.
4. In the case the producer does not complete the film and/or audiovisual work within
5 years after the date of contract’s termination or failed to distribute it within one year
starting the date the work is completed, the authors may demand the cancellation of
the contract, the compensation of the damage caused automatically acquiring the
proprietor’s right over each separate part of the work.
ARTICLE 74
The revenues collected by the film and/or audiovisual works
1. The revenues resulting from each type of use of the film and/or audiovisual work
shall be proportional to the overall revenues deriving from it, unless it is otherwise
agreed upon.
2. At the request of the authors or any separate member of coauthorship, the producer
shall provide to them a statement on the revenues collected form each type of use of
the work. The authors get their compensations by the producer, user or the collective
administration agency on the bases of a joint contract.
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CHAPTER II
COMPUTER PROGRAMS
ARTICLE 75
The rights on computer program work
The exertion of rights over a computer program for economic use, is based on the
following provisions, and unless explicatively defined, on other general or special
provisions of this law.
ARTICLE 76
Protection of the computer program
1) A computer program shall be protected only if it is original, in the sense that it is
the result of the author’s own intellectual creation.
2) The protection under this law shall apply over each type of expression of a
computer program, of all the successive versions of the programs deriving from it.
3) Without prejudice to the provisions of this law, if a computer program is included
in a diploma or a model for use, it benefits protection from the legal provisions for
the protection of the industrial property.
ARTICLE 77
Protection of technical documentation and of guidelines for use
Technical documentation and the guidelines for using a computer program, enjoy the
same protection as the computer program itself, according to the provisions of this
law.
ARTICLE 78
Exemptions from the protection
Exempted from the provisions of this law shall be the ideas and principles which
constitute the basis of each element of a computer program, including those that are in
the substructure of its interfaces.
ARTICLE 79
Author of the computer program
1. Author of a computer program shall be the natural person or group of natural
persons presented in any form of their association, who have realized the work
through their contribution and their creative capabilities. If the computer program is a
joint work, the provisions of article 7 of this law are applied, in absence of an
agreement otherwise.
2. The above mentioned individuals are title holders of all rights over the work, unless
otherwise provided in this law.
ARTICLE 80
Computer programs created under an employment contract
The copyright over a computer program created by an employee, while performing
his duties or following the instructions given by his employer, under employment
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relationship, shall belong to the employer, be it an original computer program or
object.
Article 81
Exclusive rights of the author for the exploitation of the computer programs
Without prejudice to the provisions of Article 82 and 83 of this Law, the exclusive
rights of exploitation of computer programs, provided by this Law, include the right
to make or authorize:
a) Temporary or permanent reproduction of a computer program by any means and in
any form, in part or as a whole. Insofar as loading, displaying in the screen, running,
transmission or storage of the computer program necessitate such reproduction, such
acts shall be subject to the preliminary authorization by the right holders.
b) the translation, adaptation, arrangement and any other alteration of a computer program and the reproduction of results thereof, without prejudice to the rights of the
person who alters the program.
c) any kind of distribution to the public, including rental or lending of the computer
program, or of copies thereof.
The first sale in the territory of the Republic of Albania of a copy of a program by the
right holder over the work, or with his consent, shall exhaust the distribution right of
this copy by everyone within this territory, with the exception of the right to control
further usage of the program or a copy thereof.
ARTICLE 82
The right for the use of the computer programs by the lawful acquirer
without the authorization of the author
1. Unless otherwise agreed upon, the acts referred to in Article 81(a) and (b) shall not
require the consent of the right holder, when they are necessary for the use of the
computer program by the lawful acquirer in accordance with its intended purpose in
the acquirement agreement , including for error correction.
2.Preparation of a backup copy by a person enjoying the right over the use of a
computer programme, whenever one is necessary for the respective use, may not be
prevented by contract.
3. The person lawfully acquiring the right to use a copy of a computer program shall
be entitled, without the consent of the right holder, to observe, study or test the action
of the program in order to determine the ideas and principles which may be embodied
in any of its elements as long as this is done in the process of loading the software,
displaying on the screen, programming, transmitting or storing in the computer
memory if that person is entitled to carry out such actions. Any contractual provisions
contrary to the conditions provided in this paragraph and in paragraph (2), shall be
null and void.
ARTICLE 83
The cases of exclusion from the authorization of the author of the computer
programs
1) The authorization of the rightholder shall not be required when reproduction of
the code and transmission of its form within the meaning of article 81 (a) and (b)
are indispensable to obtain the information necessary to achieve the
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interoperability of an independently created computer program with other
programs, provided that the following conditions are met:
(a) these acts shall be performed by the licensee or by another person having
the right to use a copy of a program, or by a person authorized to do so on
their behalf ;
(b) the information necessary to achieve interoperability has not previously
been readily available to the persons referred to in the above mention
subparagraph;
(c) these acts are confined to the parts of the original program which are
necessary to achieve interoperability.
2) The provisions of paragraph (1) shall not permit the information obtained as
above:
(a) to be used for goals other than to achieve the interoperability of the
independently created computer program;
(b) to be transferred to others, except when necessary for the interoperability
of the independently created computer program;
(c) to be used for commercial purposes or for the development, production or
marketing of a computer program substantially similar in its expression, or
for any other act which infringes exploitation copyright.
3) Any contractual agreement or its part contrary to paragraph (1) and (2) shall be
null and void.
4) Pursuant to the provisions of the Berne Convention “For the Protection of Literary
and Artistic Works” the provisions of this article may be not interpreted in such a
way as to allow its application to be used in a manner which unreasonably
prejudices the right holder’s legitimate interests or conflicts with a normal
exploitation of the computer program.
ARTICLE 84
The provisions of Chapter V “Restrictions of the copyright” , of Title I, shall not be
applied to computer programs.
CHAPTER III
FINE ARTS, ARCHITECTURE AND PHOTOGRAPHY WORKS
ARTICLE 85
The right of inviolability of the work
The legal or natural person who organizes art exhibitions for fine arts, architectural
designs or photographic works, is responsible for the inviolability of the exhibited
works.
ARTICLE 86
The copyright for the reproduction of the works of fine arts,
architecture and photography
1. The contract on the reproduction of a work includes data regarding the work and
the author.
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2. The reproduction shall not be distributed without the author’s or copyrightholder’s
consent, on the condition this reproduced copy is previously examined by the author
or the rightholder himself.
3. All the copies shall have the name or pseudonyms of the author, or any other mark,
upon which previous agreement has been reached and helps for author’s
identification.
4.All the original models, either in a small maximised scale, and any other element
that have assisted the person to perform the reproduction, shall be returned to the
author in any state of quality, unless otherwise agreed.
5.The instruments specially created for the reproduction of the work may be destroyed
or become unavailable, if the author or the copyright holder does not buy them, or if
no agreement on the contrary has been reached between them.
ARTICLE 87
The studies, architectural and urban plans
1. The studies or architectural and urban plans, being displayed in the vicinity of the
place of the architecture work and the constructed building, must be place in a visible
place and bear the name of the author, unless otherwise agreed explicitly by the
author.
2. The consent of the original architectural design’s author shall be required in case
the construction of an architectural work is being applied partially or completely
different from the previous one.
ARTICLE 88
Photographic works
1. The individual frames of a cinematographic movie shall be considered as
photographic works.
ARTICLE 89
The property rights deriving by the working contract
1. The property rights of a photographic work created according to the tasks defined
in the individual labour contract, or the ordered work, belong, for three years, to the
employer, or to the person who ordered, except the case when otherwise expressively
provided in the agreement.
2. The author benefits compensation in a percentage being determined in the contract
between the ordering person and the author for the period as per paragraph 1 of this
article.
3. Withdrawal of the negative of the photographic work is followed by the transfer of
the property rights from employer to the author.
ARTICLE 90
Publishing or reproduction of the picture of the author
1. The picture presenting the portrait of a person performed according to the request
of that person, may be published or reproduced only with the permission of the person
who is subject of the picture, or his heir, except the case when otherwise provided.
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2. In case the name of the author exists in the original picture, it will be referred to in
every reproduction, without prejudice to the rights provided in the letters “b” and “c”
of article 10 of this law.
ARTICLE 91
The right of the portrayed person
1. The author or the rightholder of the work does not have the right to reproduce or to
make it available to the public without prior authorization of the portrayed person or
of his heirs up to 20 years after his death.
2. There is no need of consent if the portrayed person is a model or has been granted
remuneration for his pose, except the case when otherwise provided in an agreement.
3. The authorization is not necessary for the distribution of a picture which presents:
a. A publicly wellknown person, and if the picture is available for a
public activity;
b. The person who constitutes a detail of a creation representing a group
of people, a landscape or a public event.
ARTICLE 92
The right of secrecy of the private correspondence
Revealing to the public a private correspondence addressed to a person, requires the
authorization of the person the correspondence is addressed to, or after the death, the
authorization of author’s successor, in case the addressee was not otherwise expressed
in his testament.
Article 93
Inclusion in the copyright
The person whose portrait is available in the public and the person the private
correspondence is addressed to, enjoy the right provided in letter “b”, paragraph (2),
Art. 13, of this law.
ARTICLE 94
Keeping the secret of the information source
1. Unless the consent of the person who has been the information source is taken, the
publisher or producer of a work can not reveal to the public the secret of the
information source used in the work, or publish a material related to it.
2. Beside the provision referred to in paragraph 1, revealing the information source to
the public is also allowed on a final decision of the competent court.
CHAPTER IV
DATABASE
ARTICLE 95
The exclusive right of the author of a database
The author of a database shall have the exclusive right only to carry out or to
authorize:
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a. temporary or permanent reproduction by any technical means and in
any form, in whole or in part of a database;
b. translation, adaptation, arrangement and any other alteration form;
c. distribution to the public of the database or the copies thereof. The first
sale in the territory of Republic of Albania of a copy of the database by
the rightholder or with his consent shall exhaust the right to control
resale of that copy within this territory;
d. any communication, display or performance to the public, directly to
the public under the paragraph “b” of this law.
ARTICLE 96
Actions allowed on a Database by the lawful user of that database
1. The performance by the lawful user of a database or of a copy thereof of any of the
acts listed in article 95 which is necessary for the purposes of access to the contents of
the databases and normal use of the contents by the lawful user shall not require the
authorization of the author of the database. Where the lawful user is authorized to use
only part of the database, this provision shall apply only to that part.
2. The paragraph 1 of this article is applicable only in the following cases:
a. reproduction for private purposes of a nonelectronic database;
b. use for illustration purposes in teaching and scientific research, on the
condition of identifying the source, and not for commercial purposes;
c. in uses for the purposes of public security or of an administrative or judicial
procedure on the condition that not to be used for commercial purposes;
d. where other exceptions to copyright which are traditionally authorized under
the national law are involved, without prejudice to points (a), (b) and (c) of
paragraph 2.
3. Paragraphs (1) and (2) of this article, may not be interpreted in such a way as to
allow its application to be used in a manner which prejudices the right holder’s
legitimate interests or conflicts with normal lawful exploitation of the database.
4. As regard the Database, the first sale of the original or of a copy by the rightholder
or by his consent, exhaust the right of control on the redistribution of the database.
CHAPTER V
“SUI GENERIS” RIGHT
ARTICLE 97
The rights of the author of the Database.
1.This law provides the author of a database of the right to show that there has been a
substantial investment, qualitative and/or quantitative, and a certain verification and
presentation of the contents to prohibit the exclusive rights of reutilization or
extraction of the whole or of a part, of the contents of that database.
2. For this purpose:
a. “extraction” shall mean the permanent or temporary transfer of all or
of a part of the contents of a database to another medium by any
technical means or in any other form;
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b. “reutilization” shall mean any form or manner of making available to
the public of all or a substantial part of the contents of a database by
the distribution of copies, by renting, by online or other forms of
transmission. The first sale of a copy of a database within the territory
of the Republic of Albania by the right holder or with his consent shall
exhaust the right to control resale of that copy within this territory.
The first sale within the territory of the Republic of Albania of a copy of database
carried out by the titleholder of the rights or upon his consent, exhausts the right to
supervise the resale of this copy within this territory.
3. Public lending is not an act of “extraction” or “reutilization”.
4. The right referred to in paragraph (1) of this article may be transferred or granted
under a written agreement.
5. The right provided for in paragraph (1) of this article shall apply irrespective of the
eligibility of that database for protection by copyright or by other rights and
irrespective of its contents. Protection of databases under the right provided for in
paragraph (1) of this article shall not prejudice the rights gained in respect of their
contents.
6. The repeated and systematic “extraction” and/or reutilization of insubstantial parts
of the contents of the database, implying acts which conflict with a normal
exploitation of that database and which prejudices the legitimate interests of the
maker of the database, shall not be permitted.
ARTICLE 98
Duration of protection
1. The right provided for in Article 96 of this law shall rise from the date of making
database available to the public and shall expire fifteen years from the first of January
of the following year.
2. In case a database is made available to the public, in whatever manner, before
expiry of the period provided for in paragraph (1) of this article, the right provisioned
in article 96 of this law shall expires fifteen years from the first of January of the year
following the date when the database was first made available to the public.
3. Any substantial change, evaluated qualitatively and/or quantitatively, to the
contents of a database, including any substantial change resulting from the
accumulation of successive additions, deletions or alterations, which in a database
would be considered to be a new investment, evaluated qualitatively and/or
quantitatively, enjoys the same protection as the database from which it has derived.
The evaluation that, the quantitative or qualitative change of a database constitutes a
new investment or not, shall be performed from the specialists in respective field,
authorized by the Albanian Office for Copyright, on the request of interested party.
CHAPTER VI
RADIO AND TELEVISION ASSOCIATIONS
Section I
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Rights of Radio and Television Associations
ARTICLE 99
The rights of Radio and Television Associations
1. The radio and television associations enjoy the exclusive right to authorize:
(a) fixing of their transmissions;
(b) reproduction of their transmissions, fixed in any kind of a container;
(c) distribution of their transmissions fixed in any kind of voice and/or
figure container through the sale or other forms of property transfer,
with or without remuneration , excluding rental and lending.
(d) rebroadcasting of their transmission by wireless, cable, satellite or
other similar technical means of communication to the public;
(e) communication of their transmissions to the public.
(f) adaptation as well as any change of their transmissions, fixed in any
type of container;
(g) import of lawful copies or of the authorized ones, of their
transmissions, fixed in any kind of container, in the territory of the
Republic of Albania.
2. The rights provided in paragraph (1) and (2) may not be transferred in exclusive or
nonexclusive form, without abiding the right of the creating authors, interpreting
and/or performing artists.
3. The provisions of paragraph (1), (g) are not applicable for the import performed by
a person, for personal use.
SECTION II
Satellite Transmission of Programs
ARTICLE 100
Transmission by satellite
1. The activity of broadcasting to the public of programs of radio and television
associations, via satellite, in the territory of the Republic of Albania, is based on the
provisions of this law an in other legal provisions in force.
2. For the purpose of this law, “communication to the public by satellite” means the
representation of the signals and programs into an uninterrupted chain of
communication from the satellite down towards the earth, by the permission and
under the control of competent state institutions, under the responsibility of a radio or
television association, headquartered in the territory of the Republic of Albania.
ARTICLE 101
Decoding of the broadcasting signals of radio or television programs
1. If the signals for the transmissions of the programs can not be decoded by the
receiving apparatus of radio and television, the presentation in the chain of
communication is considered the communication to the public, on the condition that
the transmission association provides the decoded means, with the permission and
under the control of the competent state institutions.
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2) The responsibility for the communication to the public, in case the signals of the
programs are transmitted by an association seated out the borders of the Republic of
Albania, is defined in the following ways:
a) If the signals are transmitted by the satellite through an upper connection line, the
responsibility is of the radio or television association headquartered in the
territory of the Republic of Albania, which exploit the program.
b) If the upper connection line is not used, but the transmission to the public is
authorised by an association headquartered in the territory of the Republic of
Albania, the responsibility is of the authorized radio or television association.
ARTICLE 102
Rightholder of the satellite transmission right
1) The titleholder of the copyright enjoys the right to authorise the radio or
television association, to perform the communication to the public through the
satellite, only on the basis of a written agreement made directly between them, or
by an authorised representative.
2) The agreement between collective management agency and radio and television
association, to permit the satellite communication to the public of a certain
category of works, is valid also for that work of category, for which, the right to
communicate it to the public, has not been transferred to by the right holder, on
the condition that this kind of communication be made simultaneously with the
terrestrial, by the same broadcasting association. In this occasion, the right holder
for the communication of these works to the public has given his written approval
on the terms of the first agreement, prior to their communication to the public.
Otherwise, the parties in agreement are responsible for the harm caused to the
right holder for the communication to the public of these works.
3) The right of the title holder of communication to the public or of the collective
administration agency on the remuneration shall be provisioned to be paid within
3 years from the date the notification on this broadcast is received.
SECTION III
Cable Transmission of the Programs
Article 103
The Right Holder of Cable Transmission Rights
1. The right holder of the copyright or of related rights may exercise his own right to
authorize or prevent the cable transmission on the basis of the written contract
concluded between the interested parties.
2. If a right holder has not transferred the copyright or the related rights to the
collective management agency, the later shall be deemed to be mandated as lawful
administrator of this right, under the reserve of the article 102, paragraph (2) of this
law, which is being applied in analogy with the case of cable broadcast.
3. The right of the rightholder or of the collective management agency to ask for the
remuneration is prescribed within 3 years from the date of the notice for the
transmission.
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ARTICLE 104
The settlement of disputes
In case of disputes between parties, which are not settled by agreement, the parties
appeal to the Albanian Copyright Office. If the parties do not reach an understanding,
they have the right to lodge an appeal to the judiciary organs in compliance with the
legislation in force.
ARTICLE 105
Cable transmissions from other states.
The cable transmission from other states to the territory of the Republic of Albania is
performed abiding the same conditions of this law regarding the transmissions within
this territory.
TITTLE IV
MANAGEMENT OF THE COPYRIGHT
AND OF OTHER RELATED RIGHTS
CHAPTER I
Management of Economic Rights of the Author and of Related Rights
Section I
General Provisions
Article 106
Title Holders of Economic Rights of the Author and of Related Rights
1. The rightholders of the copyright and of the related rights exert the rights granted
by this Law in an individual way or through the collective management agencies.
2. The copyrights and related rights are protected by the rightholders themselves, by
their representative or by an agency of the collective management, chosen on his free
will.
Section II
Collective Management Agencies on Copyrights and/or on Related Rights
Article 107
Legal status
The collective management agencies of the copyright and/or related rights are legal
persons, whose object of activity is collection of the revenues deriving from the use of
the works and their distribution to the right holders of the copyright and of the related
rights, who have assigned these rights to the above mentioned management agency.
Article 108
Way of functioning
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1. The collective management agencies are nonprofit organizations and are licensed
by the Minister of the Culture, Youth and Sports on the proposal of the Albanian
Copyright Office. Their organizational form and operation is performed according to
the provisions of this law and of other legal provisions in force on nonprofit
organizations. In case of nonlicense grant, the applicant enjoys the right to acclaim
based on the dispositions of Administrative Procedures Code of the Republic of
Albania.
2. The agencies exert their activities within the boundaries of the targets being
transferred from the authors, in compliance with provisions of this law and of the
other legal provisions in force.
3. The establishment of the collective management agencies only by the radio and
television associations, or by producers, publishers of the artistic, literary, or scientific
works, is invalid without the participation of the authors or of the rightholders of
related rights.
4. The collective management agencies are established according to the categories of
works or of the branches of art, but no more than one per branch.
Article 109
Licensing of the Agencies
1. The Minister of Culture, Youth and Sports grants license only to those collective
management agencies headquartered in the Republic of Albania, having been
established in compliance with the provisions of this law, and of the other legal
provisions in force;
2. The license of collective management agencies to exert their activity, is valid for 3
years and may be renewed by the Minister of Culture, Youth and Sports for another 3
years’ period, upon the delivery of a written request by the agencies.
3. The decision on delivery or on the renewal of the licenses enters into force after
their publication in the “Official Gazette”.
Article 110
The basic rules of the Statute of the Agencies
The statute of the collective management agencies contain provisions regarding:
a. the value, the scope, and the object of its activity, definition of the
managed rights;
b. the terms on which the agency administrates the copyrights, on
reliance to the principle of the equitable treatment of these rights;
c. the rights and the obligations of the members to the collective
management agency;
d. the units of the administration and of representation, attributes and the
activities;
e. the fund of managed works and the potential economic sources;
f. the applicable rules for distribution of the collected revenues;
g. the rules for establishment of the commission by the right owners to
cover the cost of management;
h. the ways to supervise the financial and economic management;
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i. their organic setup and function, according to the law in power.
Article 111
The Right for Collective Management of the Copyright and of Related Rights
By the collective administration agencies
The Albanian collective administration agencies are entitled to transfer the copyright
and the related rights administration to foreign associations, which run the copyright
and the related rights on the same or similar art branch, based only on an agreement or
contract concluded in written between them.
Section III
Responsibilities of Collective Management Agencies
Article 112
The obligation of the Agencies towards his members
The agency of collective management has the following obligations:
a) to grant to the users of artistic, literary or scientific works, against the
remuneration or certain tariff, the authorization to use the works it has
in its administration.
b) to declare tariffs for the use of the works, for which it manages the
copyright and/or related rights.
c) to conclude, on behalf of the right holder of the copyright or related
rights, or on bases of reciprocity contract with the foreign similar
agencies, the general agreements with show organizers, with radio and
television associations, cable distributors, whose object is the
authorization of shows and distribution of works managed.
ç) to represent interests of their members regarding utilization of rights in
the territories outside Albania, concluding reciprocity contracts with
similar foreign agencies.
d) to collect revenues from the users and distribute them to the right
holders, in compliance with the statutory provisions and according to
the declared tariffs.
dh) based on the request, they should inform the right holders of the
copyright and of the related rights, regarding the way of utilization of
their rights, to communicate the annual financial report and the report
on the financial revenue auditing;
e) to provide professional assistance for the copyright and related rights
title holders and to represent them during legal procedures in the
framework of their statutory activities.
f) to request from the users the submission of the necessary information
and documentation on the estimation of the part of remuneration
collected by the agency.
Article 113
The Obligations of the Agencies to the Albanian Office for Copyright
1. In pursuit of Article 112, paragraph (1), letter “b”, the collective management
agencies are obliged to submit to the Albanian Copyright Office, the tariffs for the use
of the works once a year within three months of the following year.
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2. Upon the request of the interested party on a certain work, The Albanian Office for
Copyright informs the concern party, within 30 days, about the collective
administration agency possessing the rights on that work and the last tariff stated by
this agency.
Article 114
The setting of the tariffs and the way of their distribution
1. The Collective Management Agencies are entitled the right to ask from the users,
through negotiations, on behalf of the members whose rights they manage, less then
10% for the copyright, and not less than 3% for related rights of the revenues gained
for the use of the literary, artistic and scientific work.
2. Each natural or legal person, who makes use of the literary, artistic or scientific
work during his activity, is obliged to conclude a written contract with the authors,
with the collective administration agency of the copyright and of related rights or with
the proprietors of the respective work, which defines the obligations of the parties and
the tariffs due to these latter, for each type of use. This contract shall be deposited and
registered to the Albanian Copyright Office.
3. The collection of the tariffs on the use of the works from the users shall be
performed from the Collective Management Agency for the copyright and/or related
rights for this work. The Agency shall declare these collections till 31 January of each
year jointly with the annual balance sheet of the previous year.
4. The distribution of the collected tariffs from the collective administration agency to
the authors or the title holder rights is made on the basis of the contract with the latter,
and following the approval by the decisionmaking organs of the collective
administration agencies. A copy of the report and of the benefiting authors’ list is
submitted to the Albanian Office on Copyright.
ARTICLE 115
Management by the Agency of the economic rights of the owners of the work
1. The exertion of the activity of collective management agency does not restrain the
propriety rights of the work’s proprietors;
2. The revenues of the Collective Management Agency, resulting from the encasing of
a commission for the representing of the rightholders of the rights, shall be used to
cover the management copyright and related right expenses, also for cultural
purposes.
3. The Agency of Collective Management declares these revenues to the Copyright
Albanian Office, till 31 March of each year along with the annual balance sheet of the
previous year.
ARTICLE 116
The obligation to provide information
1. The Collective management agencies have the obligation to provide, within 10
days, the Copyright Albanian Office, with any information requested, in respect to
exertion of their activity.
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2. If the Collective management agencies do not act according to the provisions of
paragraph 1 of this law, the Minister of Culture, Youth and Sports, upon the proposal
of the Albanian Office of the Copyright, suspends the license of the said agency, for a
period up to 6 months.
3. In case of nonabiding the obligations provisioned in paragraph 1 of this law, even
after the suspension of the license, the Albanian Office for Copyright deliver to the
Minister of Culture, Youth and Sports the proposal on revoke of the granted license.
CHAPTER II
THE ALBANIAN OFFICE FOR COPYRIGHT
ARTICLE 117
The Albanian Office for Copyright
1. The Albanian Office for the Copyright is a central institution, legal public person,
dependent by the Minister of Culture, Youth and Sports, established to exercise an
activity, based on and in pursuit of the Albanian legislation on copyright and other
related rights, within the territory of the Republic of Albania.
2. The status, the object of the activity, the inner organization, the appointment, the
release or the discharge of the head of the Albanian Office for the Copyright and other
issues regarding the functioning of this Office, are approbated on the decision of the
Council of Ministers.
CHAPTER III
LEGAL INDEMNIFICATION AND PENALIZING PROVISIONS
Section I
Civil Indemnification
ARTICLE 118
Provisions on the Exploitation Right
1. Every person who claims that any defined action shall prejudice the rights of the
exploitation that he enjoys according to this law, or tries to prohibit the continuation
or repetition of the infringing action carried out previously, enjoys the right to initiate
the legal procedures through the competent authorities, to assure his right be
recognized and the prejudicial action be prohibited.
2. The procedures shall be according to the provisions of this Section and to the
provisions of the Civil Procedure Code of the Republic of Albania.
Article 119
The infringement of exertion of the right to perform the show in public
1.Every person who is titleholder of the right to perform the work in public, created
for this kind of performance, including here the cinematography, audiovisual,
theatrical works and musical compositions, enjoys the right, according to the
provisions of this law and the legislation in force, to ask the Prefect of the District to
prohibit every public performance on which doesn’t exist any written evidence of his
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approval given for that performance, registered and certified by the Albanian Office
of the Copyright, for the respective performance.
2. The Prefect, following the request, documents and any other written or material
proof delivered to him, asks the Albanian Office for Copyright to verify the claim
presented on the request for the prohibition of the public performance. After
receiving the reply from the Albanian Office for Copyright, the Prefect decides to
allow or forbid the performance of the work, a decision that is irrevocable. It may be
appealed to the competent judicial authorities.
Article 120
The right for legal proceeding
1. Any person whose right to exploit his work has been prejudiced according to the
provisions of this law, may begin the legal proceeding at the competent authorities to
destroy or neutralize the materials and/or facilities, and to request the indemnification
for the damage caused.
2.The decision to destroy or neutralize the materials and/or facilities, integral parts of
the harmful action, has to be taken only by the competent tribunal after surveying
expertise and the evaluation act have been carried out by respective experts appointed
for this purpose by the Albanian Office of Copyright, who must be expressed for the
acclaimed tasks in reference to the quality of the above mentioned materials and/or
facility, in accordance to the requirements of the following provisions.
Article 121
The destruction or neutralization of the specimen
and of the copy reproduced in prejudice to the law
1. The destruction or neutralization referred to in article 120 of this law, is carried out
only for specimens and copies reproduced or multiplied in prejudice to this law, or for
those equipment or means having been used for the reproduction or multiplication,
which due to their attributes, can not be used for the reproduction or multiplication
purposes of other works.
2. If a part of the specimen, copy, equipment or mean used for this case can be used
for reproduction or multiplication of other works as well, the interested party has the
right to ask for the separation of such a part on his own interest, against respective
expenses for the full avoidance of the possibility of the previous usage.
3.If the specimen, copy, equipment or mean, for which the destruction or the
neutralization have been requested, based on the assessment of the experts of
Albanian Office for Copyright has special artistic or scientific values, the Court
decides mainly to be stored in a public museum.
4.The prejudiced person has the right to ask at any time that, the specimen, copy,
equipment or mean, for which the destruction or the neutralization have been
requested, to be transferred to him in exchange for the estimated value, subtracted
from the compensation of the damage.
5. The provisions for the destruction or neutralization of the specimen, copy of the
work or for their transfer to the person prejudiced on his exertion of the exploitation
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right of the work, are not applicable for the specimen or for the copies appropriated in
good faith and for personal use.
Article 122
The sequestration of the work
The destruction or neutralization shall not be requested in the last year of the deadline
for the exert of the exploitation right, but it may be decided on the sequestration of the
work or of the production at any time, up to the expiry of this term. The sequestration
is authorized even before the above mentioned term, if the derived damage from the
harming of the exploitation right, has been compensated.
Article 123
The cases of confiscation
1. In order to progress the determined proceeding on the above mentioned articles, the
competent organs may decide in the verdict for sequestration, the accomplishment of
the inventory act, the report, the expertise of all things that constitute the material base
for the prejudice of the right for exploitation. On the final decision, if the occasion
occurs, the court decides upon the confiscation and sends it for administration to
Albanian Office for the Copyright.
2. Albanian Office for the Copyright carries out above mentioned actions, after the
interested person has paid the tariff for the respective service. The tariffs for the
specialized services of the Albanian Office for the Copyright are fixed by the decision
of the Council of Ministers.
3. The confiscation can be carried out for materials and/or facilities deriving from the
collaboration of two or more persons, except for the case when, for the prejudice of
exploitation right, all collaborators are responsible, or when the persons who have
acted in confidence, do not have the wish to continue the exercise of their rights on
these materials and/or facilities, enjoying the right for indemnification from the
collaborator acting in bad faith.
4. In very special cases, the judicial competent organs can decide upon the
confiscation of all profits gained by the author of work or through the production of
the proceeding object.
5. The provisions of this Section are applicable also for each person, who puts in
circulation in any manner, or possess for commercial purposes non authorized copies
of the computer programs or any mean or equipment, the only purpose of their use is
to make the neutralization easier or to obstruct any tool or equipment for the use of
the protected computer program.
Article 124
The decision of competent organs
1. The provided measures in the above mentioned articles of this chapter are taken on
the basis of request of the interested person, through the decision of the competent
organ, apart from the value of the work. This decision will remain in force until the
final settlement of dispute.
2. For the same measure, the interested person has the right to ask for the application
of the appropriate conservative measures.
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3. To establish such a measures, the competent organ makes a hearing session of all
parties included in the process. The minutes of the proofs and confessions of the
present persons are written.
4. The decision taken for the prohibitive measures for public performances is made
known before its execution by the competent organs, or simultaneously with his
execution. In such a case, the provisions of the Civil Procedures Code of the Republic
of Albania are not applicable for suspension of execution of this decision.
Article 125
The penal procedure
If the measure for sequestration of the means, equipment or production, which
constitute the object of the issue in discussion, has been taken in consequence of the
commitment of an infringement or penal action, the decision maker organ presents the
matter to the competent attorney’s office to continue the penal procedure, in
conformity with the provisions of Code of Penal Procedure and with other provisions
in force.
Article 126
Representation in a civil or penal process
1. The author of a work, having been object of the right of the exploitation from
another person on author’ s approval, enjoys the right that, starting from aforesaid
proceedings on behalf of exploitation right holder, to protect his interests at any time.
The author enjoys this right, apart from the approval or nonapproval of the right of
exploitation.
2. The actions of proceed commenced by the right holder of exploitation, to protect
this right, are valid also for the author of the work, with the exception of the case
when, for the reason of inability, inadvertence, disregard, non seriousness or of any
other action or inaction, on the basis of which it is presumed that his rights are not
exercised properly, therefore it might occur a property or personal non property
damage, the author claims expressively to become a separate party in this process.
3. Each person, who becomes the lawful rightholder of this right, may exercise the
manner of exploitation right provided for in this law.
Section II
Special Provisions of The Protection Procedures for the
Personal non Propriety Rights
Article 127
Protection of non propriety rights
Afore said provisions are applicable mutatis mutandis also for the following
provisions, object of their application is the exertion of the own non propriety rights
and their protection, inasmuch as the nature of these rights permits this kind of
application.
Article 128
Protection of the Authorship
The actions for the protection of non propriety own rights in regard to the authorship
of a work, intend the neutralization or the destruction of the copy or production of this
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work, only if the harm can not be restored through amendment, a note in the work or
through the advertisement regarding the authorship.
Article 129
The infringement of integrity of the work
The actions for the protection of non property personal rights regarding the
infringement of the integrity of a work, intend the neutralization or the destruction of
the copy or of the production of this deformed work, fragmented or modified, only if
the copy or the reproduction of this work is materially impossible turned into its
original form, on the expenses of the party contesting the neutralization or destruction.
SECTION III
Penal Administrative provisions
Article 130
The administrative infringement
1. The activity of any person, who for any purpose and in any way, has not previously
registered and certified the object of his own activity in the Albanian Office of the
Copyright, apart from being entitled or not of the legal right to carry out this activity,
it presumes to be an administrative infringement and is fined according paragraph 2 of
this law, including the following:
a) reproduces, bleaches(records) in a holder, recites in public, detaches, sells or
offers for sale or in any case distributes the work of another person for
commercial purposes, or shows the contents of such a work before it becomes
public, or circulates inside the territory of Republic of Albania copy of the work,
produced abroad ;
b) performs, recites in public or detaches the work of another person, with or without
additional options, created to be performed to the public or for musical
composition, including the public show of a cinematography work, the public
performance of musical compositions and their communication to the public
through a powerful voice transmitter;
c) carries out any aforesaid action through any kind of transformation or adaptation
defined as such in this law;
d) reproduces or performs shows surpassing the number for which has been granted
the right;
e) retransmit musical or audiovisual works through the radio or the television, or
records in a phonogram holder or in other means, serving radio television
transmission or retransmission or sells program holders or other similar to the
voice or view records means;
f) multiplies computer programs for benefit purposes, or imports, distributes, sells,
posses for commercial purposes or lends or rents such programs for the same
purposes;
g) multiplies or reproduces works created for cinematography or television
distribution, records in a tape or in any type of holder capable to hold phonograms
or videograms of cinematography, audiovisual works, or sequences of the
movable views, for benefit purposes;
h) offers for sale, lends or allows the use in any kind of manner, for benefit
purposes, without being a participant in multiplication or reproduction of the
work;
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i) inserts inside the territory of the Republic of Albania, performs public shows or
broadcasts through a television the copies or reproductions mentioned in point (g)
of this paragraph;
j) sells, lends or rents videotapes, audio tapes, or any kind of holder, which contains
phonograms or videograms of cinematography or audiovisual work, or sequences
of the movable views, which are not provided with the artistic stamp of Albanian
Office for the Copyright, according to the provisions of this law, on the basis of a
license for the exertion of the commercial activity;
k) does not declare to the Albanian Office for the Copyright, the selling of a drawing
or of a printing in a flat holder of a price over 2.000 lek, of a picture with a price
over 3.000 lek or of a sculpture with a price over 5.000 lek;
l) carries out the actions as mediator, or as collective management agency for the
rights of authors or of other artists, not being provided with a license to exert this
activity by the Minister of Culture, Youth and Sports.
2. The administrative infringements provided for in paragraph (1) of this article, shall
be punished with a fine as follows:
a) for the cases provided for in the letters a, b, c, d, e, and k of the paragraph (1)
of this article, with a fine 10.000 lek to 100.000 lek;
b) for the case provided for in letter f, of the paragraph (1) of this article, with a
fine 100.000 lek to 1.000.000 lek;
c) for the cases provided for in letters g, h, and i, of the paragraph (1) of this
article, with a fine 10.000 lek to 500.000 lek;
d) for the cases provided for in the letter l of the paragraph (1) of this article,
with a fine 25.000 lek to 850.000 lek.
3. The action of any legal person who is licensed as an agency of the collective
management, when it:
a) does not deposit, till 31 March of each forerunning year, the annual balance
sheet of this year and does not declare the revenues resulting from the subtraction
of the commission for representation of authors and/or other artists;
b) does not deposit the annual balancesheet of the predecessor year and does not
declare exact data and tariffs declared do not match the definition of paragraph 1
of article 113.
c) constitute administrative infringement and shall be punished with a fine
respectively, for the letter (a) and (c), with 5.000 lek for each day in delay, while
for the letter (b) of this paragraph it is 5% of the non declared sum for each
delayed day.
4. The action or non action of each person, who hinders the representative of the
Albanian Office for the Copyright to exercise the responsibilities in pursuit of the
dispositions of this law and of the bylaw acts of this law, constitute an administrative
infringement and shall be fined from 100.000 Leks up to 250.000 leks.
Article 131
The Inspectors of the Albanian Office for Copyright
1. The measure of castigation with a fine for administrative infringements is decided
from the inspectors of the Albanian Office for the Copyright who have competence in
the territory where the administrative infringement is accomplished and shall be
executed by the competent taxcollector organs.
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2. Is permitted the complaint against the punitive measure with a fine, for the
administrative infringements foreseen in this law, within 10 days from the day of
notice of the fine.
Article 132
The complaint against the fine
1. The complaint is treated by the authority of the respective unit of the Albanian
Office for the Copyright having issued the penalty; otherwise this measure will be
presumed accepted. The organ responsible for the treatment of the complaint must
reply within 10 days from the date this complaint is deposited, whether it accepts it or
not or shall revise the punitive measure. In case of non reply within this deadline, the
complaint shall be assumed nonacceptable.
2. The complaint against the measure of fine for administrative infringement must
contain the following elements to be valid:
a) nomination of the complainant person and his full address ;
b) the object for which exercises the right to complain, providing all the
identifying elements of the punitive measure;
c) the legal base pretended in his complaint;
d) the organ to which the complaint is presented;
e) a brief description of the reasons, of the facts and circumstances for which
the complaint for punitive measure is lodged;
f) the final request;
g) the cash order for the fine in 50 % of the measure;
h) all evidences where the pretension is based;
3. If the complainant is a legal person, in addition to the elements mentioned in the
letters a – h, the court decision for the registration of the legal person, the first name
and family name of representative, and the act of representation in case the complaint
is not undersigned by the sender.
4. The Organ responsible for the treatment of the complaint shall not commence the
procedure if half of the fine is not paid on the date of the complaint delivery, which
shall be paid back to the complainant if the complaint is accepted. Otherwise the
complaint shall be considered incomplete. In such a case, the organ responsible for
the treatment of the complaint shall inform the complainant to complete the complaint
within a five days deadline, staring from the date of notification. Otherwise the
punitive measure shall be assumed accepted.
Article 133
The collection of fines
1. When the punitive measure remains in force, the decision on administrative
infringement constitutes an executive order and the respective taxcollector organs are
in charge to collect the fine according to the legislation in force, after the notice is
given by the competent organ for the examination of the complaint.
2. Against the decision for the rejection of the complaint, the interested person enjoys
the right to present the case to the competent court according to the legal provisions in
force.
3. In this case the provisions of the Code of Civil Procedure for suspension of the
sentence execution are not applicable.
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TITLE III
APPLICATION OF THE LAW, TEMPORARY
AND CONCLUDING PROVISIONS
Article 134
The protection of the foreign authors’ rights and of the related rights
1. The works of the foreign authors are protected according to the dispositions of this
law and of the international conventions, where the Republic of Albania has adhered
to.
2. The related rights to the copyright, the titleholders of which are not Albanian
citizens, enjoy the same protection according to the dispositions of this law and of the
international conventions the Republic of Albanian has adhered to, if these rights are
exercised within the territory of this latter.
FINAL PROVISIONS
Article 135
It is the Council of Ministers, which in appliance of article 117, paragraph 2, article
123, paragraph 2, to issue bylaws to implement this law within a year starting from
its entry into force.
Article 136
Revocations
The law nr.7564, dated 19.05.1992 “ On the Copyright”, the amended one, the
Decision Nr. 309, dated 13.06.2000 of the Council of Ministers “ on the tariffs of
artistic property users” and any other legal act or bylaw violating this law, shall be
abrogated.
Article 137
Entry into force
This law comes into force 15 days after the publication in the Official Gazette.
CHAIRMAN
SERVET PELLUMBI
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