By | December 17, 2020

History of Copyright Protection in Albania

History of Copyright Protection in Albania Copyright, as we know it today, is a new concept in Albania. In the time of King Zog, although the system of commercial laws was highly developed, there was no specific copyright law. During the communist regime, just as physical property could not be private property, so intellectual creations could not be personal property. Copyright in the time of the communist regime belonged to the state. So it was the state that presented itself as the copyright holder. He decided to reproduce the work, either allowing its translation into a foreign language or to allow the creation of derived works, such as films.

According to a regulation of that time, the author was rewarded for the work only once, when the work was published or executed for the first time. When the work was published, displayed, performed, or otherwise used abroad, the author received from the Writers and Artists League, an institution closely affiliated with the Executive Committee of the time, an additional 20% bonus collected by the institution or foreign publishing organization in favor of the author of the work. The rest of the amount went to the benefit of the Writers and Artists League.

With the establishment of pluralism in Albania and with the recognition of private property, the authors also became owners of their works. In 1992, the first law was enacted to protect copyright. Law no. 7564 dated 19.05.1992 “On Copyright”. Several amendments have been made to this law to better adapt it to the needs of protection in a reality that changes every day with gigantic steps and to bring it in line with international standards of copyright protection.

In addition to the above, copyright in Albania is protected by all international agreements to which Albania is a party. All this in Albania makes, in my opinion, an almost complete legal framework for the protection of this right, which needs to be implemented as correctly as possible.
4. Object of copyright and the condition of “originality.”
5. Derived works
Derived works are those that rely on another previous work. Article 2a of the Copyright Law recognizes as derived works translations, adaptations, arrangements and other transformations of previous works or folklore materials. In this sense, derived works are all translations, dramatizations, films based on a novel. , song recordings etc.

Derived works enjoy the same copyright protection as the original works. The reason for the protection of original works is that there is originality in them as well. This is different from the novelty encountered in the original work. The creativity in the derived work is found in the new elements that have been introduced, in the adaptation and arrangements that have been made. Thus originality in a translation is located in the choice of words and the construction of sentences. Two different translators never translate the same work in the same way. Therefore each of them enjoys the copyright in his translation.

The right to create a derived work, as an economic right in itself belongs to the author of the original work. One thing is essential to clarify: While the author of the derived work has the copyright in this work, this right does not extend to the original work. The author of his career in the actual right continues to preserve the copyright in his work; the copyright of the derived work extends only to the original elements he has added to it.
Derived works are also various summaries of results, popular expressions, data or facts, whether in the form of encyclopedias, anthologies, or other sources of data.

The originality of this data lies in the selection and systematization that takes place. So it takes some imagination, some creativity in section and systematization for a summary to be rightfully defended by the author. How original this should be remaining to be determined by the courts on a case-by-case basis.
1. It is precisely this system, selection or organization that protects the copyright defect.
2. If it is a matter of a selection of popular facts, data, or expressions, then the author will rightly be protected only the selection and systematization and not the popular facts, data or words themselves because it is known that they can not be saved.
3. So, if the necessary works are those that are not rightfully protected by the author, the creation of the derived work requires the consent of the authors of each essential work.

The transition from authorship to ownership
It is universally accepted that the first copyright owner of a particular work is its author. Who is the copyright owner of an audiovisual work, such as a feature film? The producer of the audiovisual work, according to copyright law, is the natural or legal person who produces it (the cinema house). Although the content of Article 26 is intended to clarify who is called the producer of an audiovisual work, hence its title “ownership of the rights to audiovisual works” and it seems that this article explains that the author of an audiovisual work is its producer.

It is known that many people contribute to the production of an audiovisual work, such as performers (whether these actors are musicians, etc.), composers, screenwriters, etc. These are all paid by the producer, and this payment is in exchange for the transfer to the producer of the right to use their work. These contributors continue to retain their copyrights, each for their work while performing artists have neighboring rights.

Another universally accepted principle is that the author of one is the one whose name appears regularly on the work. If the work is published under a pseudonym or without a word, then the copyright owner for this work will be the publisher. In case someone manages to prove that he is the author of such a job, of course, the copyright will pass to him. In the case of audiovisual works, the producer, as the copyright holder, is the one whose name appears in the audiovisual work in the usual way.



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