LAW
No. 7564, dated 19.05.1992
On COPYRIGHT
Based on Article 16 of Law No. 7491, dated 29.04.1991 "For the Main Constitutional Provisions, upon the proposal of the Council of Ministers,
THE Peoples assembly
OF REPUBLIC OF ALBANIA
DECIDED:
CHAPTER I
The Protection of the Copyright
Article 1
This law protects the literary, artistic, journalistic and other works (hereinafter referred to as "works"), including any original intellectual creation of this nature, regardless of their form of expression as:
a) written works including even the computer programs expressed in a source code or object code;
b) lectures, speeches, preachments and other orally expressed works;
c) musical works, with or without accompanying text;
ç) theatrical works and musical theatrical works;
dh) audiovisual works;
e) works of fine arts: drawings, pictures, sculptures, carvings and lithography;
ë) architectonic works;
f) photographic works;
g) works of the applied arts;
gj) illustrations, maps, plans, outlines and three - dimensional works in the fields of geography, topography, architecture and science.
The protection does not depend on the manner and form of expression, quality or aim of the work. The protection is not applicable as far as the ideas, procedures, processes, systems, and ways of action, concepts, expressed principles or discoveries foreseen or explained in the work.
Article 2
Derivative Work and Collections
The same protection as to the works is applied to:
a) translations, adaptations, alterations and additional transformations of folkloric works and materials;
b) collections of works, popular sayings or data and facts as encyclopedia, anthologies and other information which is original from the point of view of selection and systematization.
Protection of the works defined by the first paragraph is applied without damaging the protection of the basic works, which are used then for the creation of the derivative works.
Article 3
The protection provided by this law for the literary and artistic works, is not applicable for:
a) summaries of the official journal of legislative and administrative nature and their official translations;
b) popular sayings;
c) daily news;
ç) simple facts and data.
CHAPTER II
Rights Which Enjoy Protection
Article 4
The Moral Rights of the Author
The author of the work in addition to the economic rights defined by Article 5 of this law, even if they have been transferred by his desire, has the right to:
a) demand the authorship of the work, especially the right to write his name on the copies of the work. When allowed by practice and according to the tradition the author may conjoin the authorship to the work when this is rendered public;
b) remain anonymous or use a nickname;
c) oppose any kind of violation, change or alteration on the work and any other disdainful action that would damage his reputation and name;
ç) oppose the common authorship put in an arbitrary way from other persons because of different reasons.
(Hereinafter, the rights provided for in this article will be referred to as "moral rights").
Article 5
Economic Rights of the Author
The author has the exclusive right on his work and he can authorize:
a) the reproduction of the work;
b) the import of the work within the country with the purpose of its distribution (selling, leasing, renting, loaning) to the public;
c) the translation of the work;
ç) the preparation of adaptation, alteration or transformation of the work;
d) the presentation or declamation of the work in public;
dh) the transmission of the work to the public by broadcast and rebroadcast;
e) the transmission of the work for the public by wire (cable) or other means.
The author of an audiovisual work, or any other work like phonograms, computer programs, data base, and of any other work which is read by apparatus, has the exclusive right to allow giving on lease or lending of his work.
(Hereinafter the rights mentioned in this article will be referred to as "economic rights").
CHAPTER III
Limitations of the Economic Rights
Article 6
The Free Reproduction for Personal Use
Reproduction of a work published according to the laws is allowed only for personal use (use for research, scientific and pedagogical purposes included) without the authors approval and without payment or reward
The first paragraph is not applicable for:
a) the reproduction of architectural works in a form of a building or other constructions;
b) the reprographic reproduction of fine art works published in limited copies, the graphic presentation of musical works, notebooks or other publications, which are meant for a single use purpose;
c) the reproduction of computer programs, excluding what provided for in Article 13;
ç) any other reproduction which would come against the process of work usage and would damage the legitimate interests of the author.
Article 7
Free Reproduction in the Form of Citation
It is permitted, without the authors approval and without payment or reward, the citing of a work published according to the law in another work under the condition that in the citation including the source and authors name, if it is in the original work, under the condition that the citing be honest, correct and not exceed the context of its original use.
Article 8
Free Usage for Teaching
It is permitted without the authors approval and without payment or reward, upon the condition that the source and authors name be included, if it is in the original work, to:
a) use a published work, according to the law, for illustrations, broadcastings, registrations of the soundtrack and image for the purpose of teaching;
Article 9
Free Reproduction from Libraries and Archives
The reproduction from a library or archive, which activity does not bear any direct or indirect profit purposes, is permitted without the authors approval and without payment or reward. The copy under discussion belongs then to the fund of the librarys archives with the purpose of:
a) storing and if necessary (in case of loss, destruction or overuse) even that replacing of the work;
b) replacing of a copy (lost, destructed or overused) for the permanent collection of another library or archive.
These procedures can take place if it is not possible to buy an original copy for a long period of time and under reasonable conditions.
Article 10
Free Reproduction for Legal and Administrative Purposes
The reproduction of a work is permitted, without the authors approval and without payment or reward, for the purpose of using it in a court case or other administrative processes within a reasonable extend by the aim.
Article 11
Free Use for the Purpose of Giving Information
It is permitted, without the authors approval and without payment or reward but the obligatorily citing (mentioning) the source and the authors name if it is in the original work:
a) the reproduction and distribution by press, broadcasting or communicated with cable for the public, of any article published in a newspaper or magazine treating an economic, political or religious issue or of any other broadcasted work, if the right of reproducing, broadcasting, transmission or any other similar communication for the public is not expressively limited;
b) the reproduction and offering to the public, in case of news on daily events, of a work seen or heard during that event, by means of photography, cinematography, broadcasting or communication with cable, without exceeding the informative purpose;
Article 12
Free Use of Pictures of Publicly Exposed Works
It is permitted without the authors approval and without payment or reward, the reproduction, transmission or communication with cable for the public of a photo of an architectonic work, of a fine arts work, photographic work or applied arts work, placed in a public area (square, road, park, etc.), excluding the cases when the photo is the main theme of the reproduction, transmission or communication and when it is used for commercial purposes.
Article 13
Free Reproduction and Adaptation for Computer Programs
The legal owner of a computer program is permitted, without the authors approval and without payment or reward, to make a copy or adaptation of such a program, if this copy or adaptation is:
a) indispensable for the usage of the computer program, for the purpose the program is legally obtained;
b) used for archives and if necessary (in case copies are lost, destroyed or overused) to replace the legally obtained copy.
The copy or the adaptation provided for in the first paragraph is destroyed in cases when the ownership of the computer programs copies is no longer legal.
Article 14
Free Use of Computer Programs
The authors approval is not obligatory if the reproduction of the code and the adaptation ("translation") are indispensable to get the required data for the interaction of a computer program created independently of the other programs. The reproduction can be made upon the following conditions:
a) when this actions is done by means of a license, by another person who has the right to use the copy of the program or by any authorized person;
b) when the necessary data for interaction are not previously given to the persons mentioned in paragraph "a";
c) when these actions are limited in those parts of the original program which are indispensable for the creation of the interaction capacity.
The use of the following data is prohibited because of the provisions of the first paragraph:
a) for a purpose different from that of interacting capacity of the computer program created in an independent way;
b) for giving them over to third parties, except for the cases when this is indispensable for the interacting capacity of the computer program created in an independent way;
c) for using data for the development, production or handing over of a similar computer program concerning the way of expression or for any other purpose which violates the copyright.
The provisions of this article must not be interpreted in such a way that causes its applications to come contrary to the normal usage of the computer program, or hurts the legitimate rights of the author.
Article 15
Free Temporary Registration by Broadcasting Organs
A broadcasting organ can register for temporary use, by its own means, a work on which it enjoys this right without the authors approval and without special reward. This organ is obliged to destroy this registration within six months from the day of registering it, except when there is an agreement with the author for longer terms. However, a registration of this kind may be stored in official archives even without an agreement, if it has special historical or documenting values.
Article 16
The Free Public Show
Is permitted without the authors approval and without payment or reward the public show of a work during the activity of a school institution, prepared by the staff, if the audience is simply the staff and the students of that institution, the parents or tutors of the students, as well as other people who have a direct relation to the institution.
CHAPTER IV
The Duration of Protection
Article 17
Duration of Protection
Unless otherwise provided in this chapter, the moral rights of a work are protected forever and the economic rights of a work are protected during the whole authors life and 70 years after his/her death.
Article 18
Duration of Protection for Works Created by Anonymous or Nicknamed Authors
The moral and economic rights of an anonymous or nicknamed work are protected for 70 years from the first day of the first legal publication of the work. If the identity of the author is revealed before the expiration of the term, the provisions of Article 17 and 18 are applied according to the case.
Article 19
Duration of Protection for the Collective Photographic and Audiovisual Works
The moral and economic rights of a collective photographic or audiovisual work are protected for 70 years from the day this work is legally offered to the public or in a contrary case, for 70 years from the day of the production of the work, i.e. 70 years after its creation.
Article 20
Duration of Protection for Applied Art Works
The moral and economic rights of the applied art works are protected for 25 years from the day of its production.
Article 21
Calculation of the Terms
The duration provided in this Chapter lasts to the end of a calendar year.
CHAPTER V
The Ownership of the Copyright
Article 22
The Ownership of the Copyright
The author of a work is the first owner of the moral and economic rights on his work.
Article 23
The Ownership of the Copyright on Works with Co-Authors
The co-authors of a work with common authorship are the first co - owners of the moral and economic rights of the work. But, if the co-authors work can be divided into parts (i.e. if its parts can be reproduced, stored or used separately), the co - authors have independent rights for these parts of the work, maintaining the co - ownership of the right for the common work.
Article 24
The Ownership of the Copyright on Collective Works
The first owner of the moral and economic rights of a collective work will be the physic person or the legal entity on whose initiative and direction the work was created and whose name appears as the author of the work.
Article 25
The Ownership of the Copyright on the Works Created on an Employment Contract Basis
If the work is created by an author for a physic person or a legal entity (hereinafter referred to as "employer") on an employment contract and during employment period, the first owner of the moral and economic rights will be the author, unless the contract provides otherwise. The economic rights of such a work will be considered transferred to the employer at the required extent for the proper activities that the employer accomplishes at the time the work is created.
Article 26
Ownership of the Copyright for Audiovisual Works
The producer of the audiovisual work will be the physical person or the legal entity that undertake the initiative to create the work.
The contract between the producer and the compositor and the other authors of an audiovisual work provides for the transfer to the producer of the right to use the audiovisual work, without including the moral and economic right of the authors.
The audiovisual work is considered finished when the finial version is decided upon common agreement between the author or co-authors and the producer.
The reward of the authors for the use of the work is made according to the circumstances and manners of usage.
Article 27
Obtaining the Authorship
In order that the author of a work is recognized to be as such, and consequently to have the right to make a legal complaint in case of procedure violation, in lack of contrary facts, it will be enough that his name appears in the work in the usual way.
In the case of an anonymous work or of a work published under a nickname, the editor, has the responsibility to represent the author when there are no contrary facts, and upon such quality has the right to protect the author and ask the respectability of the authors right. This paragraph is not valid when the author reveals his identity and proves the claim on the works authorship.
Article 28
Presuming of the Producers Right
The physical person or legal entity, whose name appears on an audiovisual work in a usual way as the producer of this work, will be considered the producer of such a work if there are no facts to contradict this.
CHAPTER VI
Transfer of Rights and the Licenses
Article 29
Transfer of Rights
Transfer of economic rights can be done by agreement inter vivos, by provisions of legal heritage or by a will.
The moral rights cannot be transferred inter vivos, but provisions of legal heritage or by a will.
Article 30
The Licenses
The author of a work may issue a license to third persons to perform activities, which are included in his economic rights. These licenses may be exclusive or non - exclusive.
The non-exclusive license gives to the licensees the right to perform activities related to the author and to other non-exclusive licensees, according to the permitted norms.
Exclusive license give to the licensee the right to perform actions concerning the exclusion of the others, even of the author itself, according to the permitted norms.
No license will be called non-exclusive unless expressly defined in a contract between the author and the licensee.
Article 31
The Form of Contracts for Transfers and Licenses
The contracts for transferring the economic rights and the exclusive licenses, for performing activities included in the economic rights, are made in a written form.
Article 32
The Purpose of Transfers and Licenses
The transfer of economic rights and of licenses, for performing activities included in the economic rights, can be limited to perform several specific activities, and can be limited in time, purpose, territorial extension, width and the ways and means of usage.
The fact that the name of the territory in which the economic rights are transferred or the license is given to act according to the economic rights, is not mentioned, is considered as a limitation of transfer or license within the territory in which the transfer is made.
The fact that the extension, ways and means of usage for which the transfer of the economic rights is made or the license to act according to the economic rights is granted is not mentioned, is considered a restriction to the transfer or the license to the extension, ways and means of usage, that are necessary for the provided purpose, when the right to transfer or license is granted.
Article 33
The Alienation of the Original Works or its Copies. Transfer and License concerning the Copyright of these Works
When the author alienates the original or a copy of his work, he does not transfer the economic rights, and he doesnt grant any license for performing activities included in the economic rights, unless it is provided otherwise be the contract.
Regardless the first legitimate buyer of an original work or its copy has the right to expose the original work or its copy directly to the public, unless the contract provides otherwise.
The privilege defined in the second paragraph does not include the persons who possess the original works or their copies because of a rent, lease, or other ways, without being the owners of the original work or of its copy.
CHAPTER VII
Protection of Shows, Phonograms and Programs
Article 34
Activities that Require the Authorization of the Executors
No one can perform the following activities without the authorization of the executors:
1. Broadcasting their programs, except for the cases when the programs consist of:
a) a registration of the show, excluding the registrations done according to the provisions of Article 39;
b) a rebroadcast authorized by the organization which has broadcasted the first program;
2. Performing their show in public, except for the cases when this performance consists of:
a) a registration of the program;
b) a broadcast of the show.
3. The registration of the unregistered show.
4. The reproduction of a registration of a show, in each of the following cases:
a) when the show is registered once without the approval of the executors;
b) when the reproduction is done for reasons other than those meant by the executors;
c) when the show is first registered in compliance with the provisions of Article 35, but the reproduction is done for purposes other than the purposes defined in that article.
In case of lack of a contractual agreement that provides otherwise or of the employment conditions, which normally provides otherwise:
a) the authorization to broadcast does not mean authorization to grant license to other organizations to broadcast the show;
b) the authorization for broadcasting does not mean authorization to register the show;
c) the authorization for the registration of the show and the reproduction of the registration does not mean authorization to broadcast the show;
ç) the authorization for broadcasting and registering the show does not mean authorization for reproduction and registration.
The provisions of the first and second paragraph, letters "c" and "ç" are not applicable from the moment that executors give the authorization to include their show in a visual and audio-visual registration.
None of the paragraphs of this article takes off the right of the executors to sign contracts on more favorable conditions for their shows.
The duration of the protection provided for in this article is 50 years, starting from the end of the year in which the show is performed.
Article 35
Activities that require the authorization of the phonogram producers
Without the authorization of the phonogram producers no one can:
a) reproduce directly or indirectly its phonogram;
b) import any copy of its phonogram;
c) lease or loan copy of its phonogram without the authorization of the producer of the phonogram.
The duration of the protection provided for in the first paragraph is 50 years, starting from the end of the year, in which the phonogram was produced for the first time.
Article 36
The Reward for the Production of Phonograms
If a phonogram published for commercial purposes, or its reproduction, is directly broadcasted or rendered public, the user then, pays to the producer a reward, upon agreement, for the executors and the producers of the phonogram.
If there is no agreement between the executors and the producer, then half of the amount taken by the producer will be paid to the executors by the producer.
The obligation for a reward, as provided in this article, ends up in 50 years, starting from the end of the year in which the phonogram was for the first time produced.
Article 37
Activities that Require the Authorization of the Transmitting Organizations
No one can perform the following activities without the authorization of the transmitting organizations:
1) Retransmission of their programs.
2) Registering of their programs.
3) Reproducing of a registration of their programs:
a) When the registration on which basis a reproduction is done, is realized without the authorization of these organization, or
b) When the transmission is firstly registered in accordance with the provisions of Article 38, but the reproduction is done for other purposes form those mentioned in that article.
As provided in this Article, protection ends up in 50 years, starting from the end of the year, in which the transmission is done.
Article 38
Limitations on the Protection
Articles 35, 36 and 37 of this law are not applied when activities provided by these articles are performed:
a) for private use, teaching, scientific research, on the condition that the use does not conflict with the normal use (of a show, phonogram or transmission) and always without violating at a large scale the legal interests of the owners of the rights provided in this chapter;
b) for broadcasting the contemporary news, provided that only short pieces of a show, phonogram or transmission are used;
c) for citation; in short pieces from a show, phonogram or transmission, on the condition that these citations concur with the usual practice of the informative purpose of these citations;
ç) for other purposes, which are included in the limitations for the economic rights of the literary and artistic works, as provided in Chapter III.
The request for an authorization mentioned in the Articles 35, 36 and 37 to register shows and transmissions, to reproduce them and to reproduce published phonograms for commercial purposes, are not taken into consideration when the reproduction is done by a transmitting organization with its own means and for its own programs only in case of:
a) broadcasting the registration of a show or of its reproduction, as defined by this paragraph, the broadcasting organization has the right to broadcast exactly this show;
b) any broadcasting the registration of a program or its reproduction or such a registration of a program made according to the conditions of this program, the broadcasting agency has the right to broadcast exactly this program;
Article 39
Signs for the Protection of Phonograms
As a condition for the protection of phonograms, provided for by Articles 35 and 36 of this law, all the copies of the published phonograms and their packages must bear the sign "P" (which must be circled), accompanied by the date and the year of the first publication, with the purpose of making known that it is a protected production. If the copies or their packages does not identify the producer, or the buyer of the patent from the producer, by giving the name, the production mark or other notes, then the name of the owner of the rights of the production must be included in the sign. When the copies or their packages do not identify the main executors, the sign then must include the name of the person who has the right of the authorship of these executors, as provided by this law.
Article 40
The Field of Implementation
The protection of the executors as provided by Articles 35 and 36 of this law is applicable when:
a) the executor has the Albanian citizenship;
b) the show is performed in the territory of Albania;
c) the show is registered in a phonogram, which is included in the protections rights, as provided by the second paragraph;
ç) the show which is not registered in the phonogram, is included in a will which enjoys the right of protection as provided by the third paragraph.
The protection of phonograms provided by Article 36 and 37 is applicable when:
a) the headquarters of the organization is in Albania;
b) the program is broadcasted by a station situated in Albania.
This law is applied also for shows, phonograms and programs that must be protected in accordance with the conventions of which Albania is a party.
CHAPTER VIII
The collective administration of the copyrights and of other rights
Article 41
The Agencies for the Protection of the Copyrights
The authors may protect their rights themselves. When they cannot exercise these rights themselves, they have the right to found "agencies" for the protection of their rights in a collective way. The authors "agencies" are private companies of partners which do not have commercial purposes and which operation is guided by a statute and the general regulations. The agencies are created according to the branches of art.
Article 42
Acts which Regulate the Operation of the Agency
The agencies operate in accordance with this law, additional sublegal acts and its own internal regulations approved by the Minister of Culture, Youth and Sports.
Article 43
Admissions in the Agency
The agencies accept for cooperation between all the branches of art all the authors, their heirs, producers of records, cassettes or films and those who bear the authorship.
The prerogative attributes of the agencies are determined by open voting in the General Assembly, which functions according to its own statutes and general regulations, drafted by the agencies and approved of by the Minister of Culture, Youth and Sports.
Article 44
Defining the Tariffs
The tariffs for the users of the artistic property on the part of budgetary or non-budgetary institutions are regulated by Law No. 7581, dated 7.7.1992 " On Prices and Tariffs" or by contracts between the users and the authors agencies founded according to the branches of art.
The users of the intellectual property in the field of art and culture, budgetary or non-budgetary, are obliged to conclude contracts with the authors agencies, to define the obligations of the parties and the tariffs to be paid to the authors agencies for the following year.
The use of literary works without contract and without the authorization of the authors agencies is a breach of copyright and is criminally prosecuted.
The tariffs of distribution are defined upon discussions between the authors and the commissions and after being approved from the councils of administration of the authors agencies.
Article 45
The Criterion for Income Administration
The agencies administer in a strictly equal way all the rights they are entrusted with. They respect the principle that each member gets the share he deserves from the use of the work.
These honorariums are distributed every year, every 6 or 3 months to each author or co-author.
The Minister of Culture, Youth and Sports supervises the agencies. representatives authorized by him attend the meetings of the agencies and intervene only in case of infringement of the normative acts that regulate their activity.
Article 46
The Competencies of the Authors Agencies
The authors agencies have the following competencies:
a) to negotiate on the conditions and rewards that will be paid and to give authorizations for activities which are included in the exclusive economic rights administered by the agencies;
b) to gather the rewards (honorariums) for the authorizations provided for by point (a);
c) to distribute the rewards (honorariums) to the authors;
ç) to do other activities, for which they are authorized by the authors as provided for by Article 48 on the exercising of the exclusive economic right that they administer.
Article 47
The Guarantees for the Functioning of the Authors Agencies
The administration of the rights as provided to Article 46 must not limit the exclusive economic rights administered by the authors agencies. To guarantee the prevention of such limitations, all the decisions concerning the methods and rules on collecting and distributing the rewards (honorariums), as well as for other important aspects of the administrative activity of the agencies, are taken by the authors who are protected by the agency.
The authors, whose rights are administered by the agencies, in order to exercise their rights, get regular, complete, and detailed information on the activity of their agency.
No rewards (honorariums) collected by the authors agency can be used for other purposes, without the authorization of the authors, whose rights are administered directly or by their representatives, except for purposes concerning the covering of the actual cost of administration of the rights under discussion and the distribution of the rewards (honorariums) which remain after the deduction of the above-mentioned cost.
The amount of rewards (honorariums) collected by the authors agencies, after deducting the actual cost of the administration, the tax on profit as provided by law, and the possible deductions that the authors themselves authorize, is distributed to the authors as proportionally as possible related to the actual use of their works.
Article 48
The Common Administration of the Rights for Shows, Phonograms and Programs
The rights of shows, phonograms and programs mentioned in Chapter VII (Articles 42 and 47) will be applied mutatis - mutandis.
Article 49
The Position of Foreign Authors
The works of the foreign authors are protected by the dispositions of this law and the international conventions of which the Republic of Albania is a member.
CHAPTER IX
The Measures and Sanctions in Case of Violation of the Rights Defined by this Law
Article 50
Translation, adaptation, visual or audio registration, import, reproduction and circulation, introduction of special equipments for audio and visual reproduction, radio or television transmission, or transmission in any hall or with any other means of artistic ownership, without the permission of the author or association to which the rights are transferred, in violation to the dispositions of this law or international agreements ratified by the Republic of Albania, when the moral and economic rights of the author are violated, constitutes a criminal misdemeanor and is sentenced to a fine or imprisonment up to 1 year.
Disagreements between the user of the intellectual property work and the author or association to which his/her rights are transferred, for non-fulfillment of the obligations deriving form the contract entered into between them, are presented to the respective court from the interested party for civil judgment.
CHAPTER X
General Provisions
Article 51
The Field of Application
The provisions of this law refer to:
a) works of the authors who have Albanian citizenship or live permanently in the Republic of Albania, regardless of the place these works are published for the first time;
ç) works created prior to entrance into force of this law, upon condition that the term of protection mentioned in this law is not passed.
Article 52
Sub legal Acts for the Implementation of the Law
The Council of Ministers, Ministry of Finance, Ministry of Culture, Youth and Sports, as well as the Ministry of Education and Science are charged to draft the respective sub legal acts for the implementation of this law.
Article 53
Article 315 up to 328 of the Civil Code of the Republic of Albania are repealed.
Article 54
This law becomes effective immediately.
Tirana, 19.05.1992/ Number of law: 7564
Promulgated by Decree No. 192, dated 23.5.1992 of the President of the Republic of Albania, Sali Berisha.
A Quarterly Published by New York University Law School
and Central European University
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