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INTERNET LAW - Albania Copyright Law

Kelly O'Connell, IBLS Editor
Wednesday, April 02, 2008

Albania is a smaller state in southeastern Europe, bordering the Adriatic and Ionian Seas, directly across from Italy, and set between Greece in the south and Montenegro and Serbia in the north. The state is working to create a vibrant economy, in part, by embracing the world standard on Intellectual Property Rights (IPR) with some notable successes. It declared independence from the Ottoman Empire in 1912, but was conquered by Italy in 1939 during WWII. After the end of the War, the Communists established themselves in 1944. Albania then aligned with the USSR, ending this in 1960, but shifted to an alliance with China until 1978. After concluding Communist rule in the early 1990s, Albania established a multi-party democracy. Many challenges resulted from almost 50 years of socialist rule, such as high unemployment, chronic corruption, widespread decay of buildings, entrenched organized crime networks, and endemic political gridlock.

Recent improvements suggest that Albania is making large strides towards modernization, as elections have been judged by international observers as free and fair since 1997. The 2005 general elections turned upon pledges to reduce crime and corruption, foster economic growth, and downsizing the Government. While Albania's economy is growing, the state remains one of the poorest in Europe. Despite this, Albania is an important player in helping disarm inter-ethnic tensions in southeastern Europe, and has made a goal of joining NATO and the EU. In addition, Albania has proven a strong ally of the U.S. And the West, contributing troops in Iraq and Afghanistan, and has established itself as a strong supporter of the global war on terrorism.

The following questions will be answered regarding Albania's Copyright Law: What Subjects are Covered by Albanian Copyright?; What are the Areas of "Free Use"?; What is the Term of Protection?; What Rights to Court & Sanctions do Copyright Owners Have? How Effective is Protection of Copyright Albanian ?

What Subjects are Covered by Albanian Copyright? (Chapter I)
According to the statute, these areas are covered by Copyright:

Written works including computer programs; lectures, addresses, sermons and other orally expressed works; musical works with or without accompanying text; dramatic or dramatico-musical works; audiovisual works; choreographic works and pantomimes; works of fine arts: drawings, paintings, sculptures, engravings and lithography; architectonic works; photographic works; works of applied art; illustrations, maps, plans, sketches and three-dimensional works related to geography, topography, architecture and science.

What are the Areas of "Free Use"? (Chapter III)
Use of Copyright that does not require fees and payment, include some, but not all of applications in the following areas: Free Reproduction for Personal Use; Free Reproduction in the Form of Citation; Free Usage for Teaching; Free Reproduction from Libraries and Archives; Free Reproduction for Legal and Administrative Purposes; Free Use for the Purpose of Giving Information; Free Use of Pictures of Publicly Exposed Works; Free Reproduction and Adaptation for Computer Programs; Free Use of Computer Programs; Free Temporary Recording by Broadcasting Organizations; The Free Public Performance.

What is the Term of Protection? (Chapter IV)
Generally, the moral rights of a work are protected forever and economic rights for the author's life plus 70 years after his/her death. For Anonymous or Pseudonymous Works, rights are protected for 70 years from the first day of the first legal publication of the work, unless the true author is identified, and then the general term is applied, being the life of the author plus seventy years. For photographic or audiovisual work that is of joint authorship, this is protected for 70 years from the day this work is legally offered to the public or, if never delivered to the public, for 70 years from the day of the production of the work, i.e. 70 years after its creation. For works of applied art, these are protected for 25 years from the day of its production. Any term lasts to the end of a calendar year.

What Rights to Court & Sanctions do Copyright Owners Have? (Chapter IX)
Persons who believe their copyright rights are being breached may challenge in court and claim their property rights are being hindered, or that someone else is using them unjustly. The court will decide based on norms defined in the Albanian Copyright law regarding moral and economic rights of the work. After this challenge by the owners against the accused copyright breacher, the case will follow according to the rules found in the Albanian Penal Code. The case stops upon conclusion or request of the author/owner.

How Effective is Protection of Copyright Albanian ?
Despite having passed its Copyright law over 15 years ago, the Albanian Government was widely regarded as turning a blind eye to IPR's abuses. This is no longer the case. The United States Agency for International Development (or USAID), in tandem with the International Research and Exchange Board (IREX), teamed up to tackle broadcast piracy by trying to put in place a structure to ensure that only licensed programming is used on the television. Thus, the National Council of Radio and Television (NCRT) was formed to control licensing of TV programming in Albania. The Albanian parliament amended the Copyright Law, allowing the NCRT to penalize stations for noncompliance.

In addition, the USAID helped create the Forum for the Protection of Producers and Screenwriters to aid filmmakers and directors in defense of their property. Now, the Copyright Law in Albania is increasingly being enforced. Law breakers now must pay for pirated film broadcasts, and can even be referred to the NCRT for the removal of their license.

This article was originally published by Internet Business Law Services.