Page 1 of 101 Official Bulletin                Year 2016 - Number  64 
 
LAW  NO.  35/2016 
ON COPYRIGHT  AND RELATED  RIGHTS  ACT1 
Based  on Articles  78 and  83, paragraph  1, of the Constitution, and  as proposed by  the Council of 
Ministers,  THE  ASSEMBLY  OF THE  REPUBLIC OF  ALBANIA DECIDED:  
PART  1 
INTRODUCTORY PROVISIONS  
Article 1 
SUBJECT  MATTER  OF THE  ACT  
 
1. This act regulates:  
                                                           
1 This  law is  fully  aligned  with:  
- Directive 2006/116 / EC  of the European  Parliament and  the Council, dated December  12, 2006, "On  
the term of protection of  copyright  and certain  related  rights"  amended ",  Celex:  32006L0116; Official  
Journal of  the EU, L 372, dated  27.12.2006.  
- Directive 2004/48 / EC  of the European Parliament  and the Council of  29 April  2004 "On  enforcement  
of intellectual property rights",  Celex:  32004L0048; Official Journal of the EU  L 157 dated 30.4.2004. 
- Directive 2001/29 / EC  of the European Parliament  and Council dated  May 22, 2001, "On  the 
harmonization of  certain  aspects of copyright and  related  rights  in the information  society",  Celex:  
32001L0029, Official Journal of  the EU official,  L 167,  dated 22.06.2001. 
- Directive 2001/84 / EC  of the European Parliament  and the Council, dated  September 27, 2001, "On  
the resale right  for the benefit  of the author of  an original  work  of art", Celex:  32001L0084, EU  
Official Journal  L 272, dated  13.10.2001. 
- Directive 96/9  / EC  of the European Parliament and  Council dated  March  11, 1996, "On  the legal  
protection of  databases", Celex:  31996L0009, Official Journal of  the EU L 77 dated  27.03.1996. 
- Directive 2009/24 / EC  of the European Parliament  and the Council of  23 April  2009 "On  legal  
protection of  computer programs", Celex:  32009L0024, Official Journal of  the EU,  L 111, dated  
05.05.2009. 
- Directive 2006/115 / EC  of the European  Parliament and  the Council, dated December  12, 2006, "On  
the right  of the lease and the right  to credit  and on certain  rights  related  to copyright in  the field  of 
intellectual property",  Celex:  32006L0115, Official  Journal of the EU,  L 376, dated  27.12.2006. 
     This  law is partially  aligned with:  
- Council Directive  93/83 / EEC  of 27 September 1993, "On the coordination of  certain  rules 
concerning copyright and rights related  to copyright  applicable to  satellite  broadcasting and  cable  
retransmission", Celex : 31993L0083, Official Journal of the  EU L 248 dated 10.6.1993. 
- Directive 2014/26 / EU  of the European Parliament  and the Council, dated  February 26, 2014, "On 
the collective  management of copyright and related  rights  and licensing  multi  - territoria l rights  in 
musical  works  for online use  in domestic market",  Celex:  32014L0026, Official  Journal of the EU  L 84  
dated 20.03.2014. Page 2 of 101 a) protection of copyright and other related  rights  in respect  of works  of literary,  artistic  and 
scientific  domains; 
b) protection of related  rights related  to copyright, hereinafter,  such as: the rights  of the 
performers  / art executors  as regards  their performance /   execution  ; producers of their 
phonographic records;  fixations  producers / (recordings) of their films; br oadcasting  
organizations as regards  of their broadcastings;  rights  of databases  producers as regards  
their databases;  
c) protection of   rights  provided in particular  provisions as regards  computer programs  and 
audiovisual works as  specified  in this law;  
ç)   individual and  collective management  of copyright and  related  rights;  
d) protection "sui generis"  rights  regarding  database creators;  
dh) protection of copyright and  related  rights,  in case of infringement of these rights;  
e) Protection  of any other rights  provi ded by Copyright Law and other related  rights  to this 
Law.   
2.  The  purpose of this  law is to guarantee the  protection of copyright and  other  related  rights.  
Article 2 
Subjects  and areas of application 
1. This law shall  apply to natural  legal  persons, domestic  or foreign, that exercise creative,  
commercial,  manufacturing or any other activity  of assessment,  exploitation,  use or alienation  
of literary,  artistic  or scientific  work  in the Republic of Albania.  
 
2. The provisions of this  law apply to: 
a) Works: 
  i) not been  displayed to  the public and   created  by Albanian  citizens  as authors; 
            ii)  not been  displayed to the public and their authors are natural  persons living  or resident s 
of the Republic of Albania ; 
 iii) that are displayed to  the public in  the Republic of Albania or are displayed to  the  
      public in  another country and  within  30 days  displayed in  the Republic of             
Albania;  
 iv) foreign  authors, displayed for the  first time  in their  country or in  another  country and  
       wi thin 30 days   displayed in  the Republic of Albania;  
             v. of architecture,  built on the territory  of the Republic of Albania;  
      b)  works / performances  of performers  and / or executor:  
i) that are resident  of the Republic of Albania 
ii) fixation  in sound recordings, protected  by the law; Page 3 of 101 iii)  performed  and / or executed  for the first time for the public in the Republic of Albania or 
performed  and / or executed  no later  than  30 days  in the Republic of Albania;   
 c)     Phonogram records  / sounds: 
i) realized by producers, natural persons or  legal  entities,  that live or reside in  the Republic of 
Albania;  
ii) when    the  first recording  bearing  the  form  of a copy   is produced for the first time in the 
Republic of Albania;  
iii) already  made  available to the public of the Republic of Albania or made  available  earlier  in 
another place and at the same time,  within  30 days,  should be available in the Republic of 
Albania;  
 ç)    Audiovisual programs:  
iv) broadcasted  by media service providers for broadcasting, stationed  in the Republic of Albania;  
v) transmitted  by broadcasting  stations,  stationed   in the territory  of the  Republic of Albania.  
Article 3 
Understanding of copyright and its  related  rights  
1. Copyright belongs, by  nature,  to a natural  person  who  has created  a work.  
2. The  rights  of performers  and / or executors  shall  belong, by  its nature,  to a na tural person who  
has performed  and / or executed  a literary  or artistic  domain or the expressions of folklore. 
3. The  holder of other related  rights  may  be any  natural  or legal  person, unless  otherwise 
provided by  the law.  
4. Copyright and  related  rights  may  be limited  against  the will of their  holders only under the 
provisions and  as regulated  by law.   
Article 4 
Disclosure , publication, the public and public  use 
    1. A copyright work  or a subject  matter  of a related  right  shall  be considered  to have been  
“disclosed” if  it has  been  made available to  the public with  the consent of the right  holder.  
2. To the purposes of this  law,  the following terms  mean:  
a. “Public “shall  be considered more  than two  persons, excluding closely  people  tied with 
family  members  or people related  by personal  relations.    Page 4 of 101 b. “Public use” shall  be considered  any use of a work,  a creation  by an author, a subject 
matter  under this Act, that is communicated   to the public, or is used in an area,  
accessible to the  public members,  such  providing access  of the work  to the public at 
any  time  or place,  individually chosen   by them.   
c.  "Publication” is providing access  to the public, with the consent of the author or of the 
holder of related  rights,  of copies  of a work  or subject  matter  of a related  rights,   
provided that there are sufficient  copies  to meet  the rational  requests  of the public, in 
respect  with  the nature of the work  or the subject matter  of related  rights.   
Article 5 
The relationship  between  copyright and related  rights  
1. The protection of related rights under this Act shall leave intact and shall in no way prejudice 
the protection of copyright. No provision of this Act, concerning the protection of related rights 
shall be interpreted in a way to prejudice the protection of copyright, provided by this law. Th e 
exercise o f the performers'/executers’ rights of communication to the public of fixed per formances 
provided by this law must not prejudice the exercise of copyright.  
2. The provisions of this Act pertaining the definitions of particular economic rights of the author, 
the right to remuneration for reproduction of works for private or other personal use, and the right to remuneration for public lending,  as well as the suppression of the distribution  right, exceptions 
and limitations of copyright, the beginning of the  duration of protection of copyright and the 
impacts of expiration of the duration of copyright, legal transactions of copyright, and the relation between copyright and ownership shall apply mutatis mutandis to related rights, unless otherwise 
specially pr ovided for them, or arising from their legal nature.  
Article 6 
Equal treatment  
1. Foreign  natural  persons and legal  entities,  whose works are protected  by international 
agreemen ts, where Republic of Albania is part of, shall  enjoy  the same protection  under this law,  
as well as nationals or legal  entities  and natural persons of the Republic of Albania,  unless 
otherwise provided by  this law.  
2. Phrases  u
sed  in this Law,  in respect  of the meaning of gender,  regardless  of how they are/have 
been  used, referring  to the masculine  or feminine  gender,  shall  be considered equal  for both sexes.   
Article 7  
Application in  time  and space 
1. This l aw applies to all works, including those protected by international agreements to where 
the Republic of Albania is part of,  which the time of entering into force of the relevant Page 5 of 101 agreement have not yet entered the " public domain" in their country of origin, when the 
protection is expired, and/or which had not yet entered the " public domain" in the Republic of 
Albania, due to the expiration of the protection date provided by this Law. 
 2. In the context of this law, the term " public domaine"  is considered the typology or the mode 
of free use by the public of works of copyright and other related rights, that have an expired 
term of protection by this law or that have never been under the protection of the law of 
copyright. 
PART  II 
COPYRIGHT  
CHAPTER 1 
SUBJECT  MATTERS  OF COPYRIGHT  
Article 8                                                                                                                                                    
Copyright work  
1. The subject  matter  of copyright work  shall  be any original intellectual  creation  in the literary,  
artistic  and scientific  domain, having an individual character,  irrespective of the manner and 
form  of its  expression, its  type,  value or purpose, unless  otherwise provided for in  this Act.   
 
Works of Copyright subjects  to protection shall  be in  particular:   
a. works of speech  expressed  through literary  and journalistic  texts,  lectures  , religious  
sermons   (written  or  oral  works, and  computer programs);   
b. dramatic  or dramatic -musical  works 
c. musica l works with  or without words;  
ç.   choreographic works and works of pantomime;  
d. audiovisual works including cinematographic works  and other works of visual arts, and 
works created  in a manner  similar  to cinematographic creation  ; radio  works; 
dh. works of fine arts in the field of painting, sculpture, and graphics, monumental decorative 
arts, irrespective of the material/component  they are made of, and other visual art works  
e. works of architecture,  including drawings,  plans,  sketches  of small scale nature and 
graphic creations  in architectural  projects; 
ë.   photographic works and works produced by a process similar to photography; f. works of applied  art except  for those of   industrial design  that are under the low of 
industrial property ;  
g. three- dimensional presentation, illustrations, charts, maps and drawings in the field of 
topography, geography and of science in general; 
gj.  cartographic works;  Page 6 of 101 h.  presentations of a scientific  or technical  nature whether  stated  orally  or in writing  such as 
presentations, monographs, deductions, dissertations,  studies, university lectures,  
textbooks, scientific  projects  and documents, drawings, plans, sketches,  tables,  etc.  
 
2. Any part or other element  of a work, including title or character  mentioned in the work, that 
in itself  represents  an intellectual creation,  is also protected  by copyright. 
 
3. The title of the work, that does not meet  the pre-conditions for being  the subject  matter  of 
copyright, and has already  been  used for a certain  work, shall  not be used for the same kind of 
work, if  such  title is likely  to create confusion as  to the author of the work.  
4. The subject  matter  of copyright may  be any copyright work,  except  the one, that  cannot be  as 
such work  due to its nature,  and any work, that under  the provisions of this Act cannot be the 
subject  matter  of copyright.  
 
5. The subject  matter  of copyright  is  a work  as a whole, including an unfinished work, the title 
of a work, and the parts  thereof  that meet  the pre-conditions set out in paragraph  (1) of this 
Article.   
Article 9  
Der
ived Works 
1. Derived works shall be intellectual realized  creations , based on one or several previous works 
such as translations, adaptations, musical arrangements, illustrations, documentaries, art 
reproductions, websites with static or interactive data, as well as ch anges of other original 
literary, scientific or artistic creations/works  that can be tr ansformed, restyled or adapted and 
which are protected as original independent works from the copyright of the original creation. 
2. The above provision cannot be interpret  in the detriment of the author’s rights of the works, that 
have been adjusted. 
3. The authors of derivative works shall enjoy copyright of the work only with the authorization / written contract of the author or entitled right holder of the original copyright.  
4. Copyright of derivative works do not infringe the copyright of the original works, translated, adapted or transformed in some other way, different from the original ones. 
5. Translations of official texts in the domain of legislation, administration and judiciary, shall be protected, unless made for the purpose of officially informing the public.  
Article 10  
Collections  
1. Collections of independent works, contributions or other materials, of scientific or artistic works,  
which by reason of the selection or  arrangement of their content constitute intellectual creations of 
the authors, shall be protected as such.  Page 7 of 101 This protection does not extend  to the content of the collection  and does not affect  existing  rights  
in its content. 
2. The collection,  in the mean ing of this law includes works such as encyclopedias,  anthologies, 
dictionaries,  and other similar  collections  or compilations  of materials  and various databases,  
newspapers, magazines,  reviews  and other  periodicals,  regardless  of they are or not separatel y 
protected  by copyright and related  rights,  provided that due to the selection  or processing of their 
content, shall  be the result  of intellectual creativity.  
Article 11  
Databases 
Protected  by copyright shall  be any form  of database,  which, in terms  of this law, is an independent 
collection  of creations  of data or materials  in arranged  systematic  or methodical  way,  accessible  
by electronic / other means  and represent  an intellectual  creation.  
This database does not extend  to the content of the materials  that make up the database and that do 
not affect  the existing  rights  on them.  The Protection  of databases  does not apply to computer 
software  programs  used in the preparation  or the use of the database,  accessible by electronic  
means.   
Article 12  
Unprotected copy right creations 
1. Copyright creations  that shall  not have the benefit of the protection under this  law  are :  
a. ideas, theories, concepts, discoveries and inventions of creative work, regardless of the 
me
thod of interpretation, justification or expression; 
b. discoveries, official texts in the domain of legislation, administrative and  judiciary  and 
other official works and their collections, disclosed for the purpose of officially informing the public;  
c. official state symbols, symbols of organizations and public authorities, such as: the arms, the seal, the flag, the emblem, the medallion, the hallmark, the medal;  
ç.    means of payment;  
d. news  of the day and other news,  having the character  of mere items  of press  information  
      dh.  Simple data and evidences  
2. Folklore literary  and artistic  creations  in their original form  shall  not be the subject  matter  of 
copyright, but their  communication to  the public is subject  to the payment of remuneration, as  for 
the communication  to the public of protected  copyright  works. The remuneration shall  be used to 
promote and stimulate  non- profit  cultural  and artistic  works in the respective artistic  and cultural  Page 8 of 101 domain in accordance with the rules  of distribution of remuneration  of collective  management  
agencies  for copyrights and other related  rights.  
Part II  
Authorship  
Article 13  
Author  
The author shall be any physical person or a group of natural persons that create  the literary, 
artistic, scientific work,  original intellectual product, materialized work, regardless of shape or 
form of expression. 
Article 14  
Copyrights of Co- authorship  
1. Copyright of a work  as a result  of a jointly  creative of two or more authors, further co-author, 
commonly belongs to them,  regardless  of whether  the work  constitutes  an inseparable as a whole 
or is a union of independent parts;  
2. Cooperation between  co-authors and their remuneration  is determined  by an agreement  between  
the parties  regulated  by the Civil Code. 
In the absence of such an agreement,  co-authors share the copyright of the common work  and the 
appropriate remuneration according  to Civil Code. 
3. Despite  the fact that co-authors share the copyright  as a whole, each of them  can use its own 
part of the co -work, if  this is  easily  identifiable,  except  when:  
a. in agreement between the co -authors is prohibited the independent use of the parts created by 
each of them;  
b. the  independent use of the creations of each of the co- authors damages the use of the joint work 
in its integrality.  
4. an individual who provided materials,  technical  or organizational assistance in the process  of 
creation,  the co-authored work  shall  not be considered as  a co-author. 
Article 15  
Copyright on Collections  
1. Natural or legal persons, public or private, based on the initiative/direction on which a collection 
has been created, according to paragraph 1, Article 10 of this Law, or with the name it has been Page 9 of 101 published are considered to be the holders of the economic  rights of the author and enjoy these 
rights as if the authors of this collection. These subjects sha ll have the right to establish the name 
or the title they desire and reclaim to be mentioned in any public use of these  collections; 
2. Authors of the works, contributions or other materials, included in the collection shall be 
considered eligible for an equal share of the remuneration obtained from its use, unless otherwise 
provided by a contract or by the rules prescribed by this Law.  
3. Authors of the works, contributions or other materials included in the collections retain 
exclusive rights over their works and make use of them independently from the use of the entire collection, unless otherwise provided by a contract between the authors and the natural or legal 
person referred to in paragraph 1 of this Article.  
Article 16  
Legal Presumptions on Authorship  
1. Each individual or group of persons whose name appear on the copies of the work, whichever 
way it is indicated at the time of disclosure, the author is presumed, In the absence of evidence until proven on the contrary. 
2 .When the work is published / displayed/  transmitted anonymously or under a pseudonym, in a 
way that makes it impossible to identify the author,   in the absence of evidence to the contrary, the 
publisher or the performer or broadcaster of an unpublished work is considered the right holder of 
the copyright and as such enjoys the right to protect and exercise the act of copyright.  The 
implementatio n of the above rule ceases, when the author reveals his identity and proves before a 
judicial body the authorship of his work. 
Article 17  
Automatic protection of copyright, without any formalities  
The authors shall benefit copyright on their works, according to the provisions of this Law, for the 
mere fact of the realization of a creation . The existence and enforcement of copyright does not 
require any registration of the work or other formalities.  
Article 18  
Registration  of works of copyright  
1. The authors shall voluntarily register their works in a special register, of electronic or written 
form or both, in the manner regulated by the Albanian Copyright Office. 
2. Voluntary registration of works in the register of the Albanian Copyright Office has legal power, until the contrary is proved by the court.  
3. Registration procedures, organization, classification and registration fees are determined by the Council of Ministers. Page 10 of 101 Article 19  
Relations between Copyright and Ownership of physical Objects 
Copyright exists independently of any ownership right over the physical object, on which the 
intellectual creation is expressed or materialized. The relationship between the copyright and the 
ownership of the work is specifically regulated by Part V of this Law.  
PART III 
CONTENT OF COPYRIGHT  
General Provisions 
Article 20 
Typology of rights  
1. Copyright shall  include and protect the author’s personal non- property  rights,  ensuring respect  
for the intellectual and personal  qualities  of his work  and the property rights  of the authors in 
relation  to their  economic interests.  
2. The author is entitled to remuneration for each use of his work, unless otherwise provided for 
by this Act or by a contract.  
Section 1  
 
Personal non- property rights  
 
Article 21  
The right of public disclosure  
 
1. The  author shall  have the  right  to determine  when  and where and  under what  circumstances  his 
copyright work  will be disclosed  for the first time.   
2. Until the copyright work  is disclosed, the author shall  have the right  to reveal  to the public the 
content or description of his work.  
 
Article 22  
Right to recognition and citing of authorship 
1. The author shall  have  the right  to be recognized  and indica ted as the author of the work. This 
right  exists  independently from  the ownership rights  of the author, even  after the transfer  of its 
rights  or obligations. Page 11 of 101 2. The persons who publicly use a copyright work , protected  under this law, shall  be obliged to 
write and indicate  the name of the author in each copy  and at each use, unless the author has 
declared  in a written  form  that he does not want  to be indicated,  pursuant to  the nature of the work  
and its use. 
3. The author or his/her heir/s  shall  enjoy  personal  non- profit  rights  to claiming  copyright co-
authorship of a work  and to oppose co -authorship, for any  reason  set by others  arbitrarily.  
4. The author has the right to decide  in whose name  his work  will be disclosed to the public, as 
well as the right  to remain  anonymous or use a pseudonym chosen  by him.   
Article 23 
The right of honor, personality and reputation  
 
Despite the property rights of the author, even after the transfer of the rights  in question, the author 
shall have the right to oppose to any distortion, mutilation, modification or other denigrating acts 
that do not respect the integrity of the work, in a manner jeopardizing his honor, personality or 
reputation.  
Article 24  
The R ight of Revocation in Cases of Exploitation of Work 
1. The author or their heirs, who acquire this right, acco rding to the civil legislation and under the 
provisions of this Law, shall have the right to revoke the authorization of exploitation of his 
copyrigh t work and its further use, disclosed to public, based on granted reasons, protection of 
reputation, honor or other circumstances. In this case, the author shall be obliged to compensate all damages, caused to the legitimate holder of the authorization, as  a result of the exercise of 
the rights referred to this paragraph. 
2. The right to revoke the consent/authorization for the exploitation of the work shall become effective from the day that the author/heir/s deposits the monetary warranty for the compensatio n of damages pursuant the provisions of this Article. 
3. The user of the right of exploitation of a copyright work shall, within three months as from the receipt of the notification of revocation of authorization, referred to in paragraph 1 of this Article, c ommunicate to the author/heir the amount of outstanding costs incurred to him in the 
preparation for the use of his work up to the day of receipt of such notification. If the holder of the right of exploitation of a copyright work fails to do so, the notification of revocation for the exploitation of the work shall become effective at the expiration of the time limit, referred to in this paragraph. 
4. The right referred to paragraph 1 of this law shall not be enforced in case of a work created 
according to an employment contract or order, nor in the case of audiovisual works or computer programs and databases. In the case of these works, the author shall require not to be indicated 
in the copies of works or any use of it . Page 12 of 101 5. If, within ten years as from his exerci se of the right of revocation of consent/authorization, the 
author allows/authorizes to resume the exploitation of the work or a work substantially similar 
to it, he shall be required to offer such right to renew the contract of use in advance to the subje ct 
to whom that had the right to use the work before the exercise of this right, according to the same criteria or substantially similar criteria’s, respectively, as agreed in the original written contract.  
6. In case, the author has no heirs, the exercise of  personal non- property rights as referred in this 
section, shall be determined by the provisions of Civil Code. 
7. Personal non- property rights are not subject of resignation, they are not transferable,  not 
licensable, not alterable and not prescribed.  
SECTION 2  
The Exclusive Property Rights of the Author  
Article 25                                                                                                                                                     
Exclusive Property Rights  
1. The author / successor  shall  enjoy  the exclusive property rights  to benefit,  authorize or 
prohibit the use of the works or of copies  of the works, unless otherwise provided for by 
the law.  This  exclusive property right  shall  include in  particular:   
a. The right  for the re production of the work; 
b. The right  for the distribution of the work; 
c. The right  of communication of the work  to the public; and  
ç.   The  right  to create derived  works. 
2. Any way  of exploitation  of the original  work  or of the copies  of it, without the permissio n 
of the author/successor, or of the authorized person by the author/successor, shall  be 
considered  illegal unless otherwise provided by  this Law.  
 
Article 26  
The right for reproduction 
The right of reproduction shall be the exclusive property right of the  author to authorize or prohibit 
making of one or more copies of copyright works  or subject to related rights, in whole or in part, 
directly or indirectly, temporarily or permanently, by any means and in any form, including audio 
or video recording, as well as for temporary or permanent storing of the work or subject to related rights, in an electronic area.   Page 13 of 101 Article 27  
The Right of Distribution  
1. The right of distribution is the exclusive property right of the author to authorize or prohibit 
making lawfully available to the public, the originals or copies of works or other related rights, by 
sale or otherwise and to offer them to the public for such intent, as well as the import, export, and distribution of copies of the works produced with the consent of the author. 
2. In terms of this Law,  
a) "import" means placing in free circulation or entering in the local market for trading purposes, 
of the original works or the legitimate copies fixed in all forms.  
b) "export" means placing in the free market or exiting from the local market, for trading purposes, 
of the original works or the legitimate copies, fixed in any form;  
 
c)  "distribution" means the sale or any other means of conveyance, for a specific servi ce, with or 
without payment of the original works or their copies, as well as offering them to the public.  
3. The first transfer of ownership by the author, of the original work or his Lawful copies by the 
author, or with the author’s authorization to third parties, the author loses the exclusive right of 
distribution of that work in the Republic of Albania. 
4. Termination of the exclusive distribution right shall not be a reason for the termination to 
lease, export, import, as well as the right to benefit from public given on loan of a work authorized under the provisions of this law.  
5. In case of collections, the termination of the right of distribution refers only to further sale.  
Article 28  
Rental Rights  
1. The rental  right  is the exclusive property right  to enjoy  or authorize the rental  for a 
limited  period of time   or to   prohibit given  on loan of the work  of: 
a) the author, in  respect  of the original and  the copies of his work; 
b) The interpreters  in relation  to his the fixation  of the  performance    
c) The producers of the phonogram in  respect  of  his phonograms;  
ç)   The producer of the first fixation of a film in respect of the original and the copies 
of his film.  Page 14 of 101 2.The author, who has given  up his right  of rental  in favor of a producer of phonograms or of a 
film producer shall  retain  the right  to receive equitable remuneration  for the rental  of his copyright 
work. The  author may  not renounce the  right  to the equitable remuneration. The  remuneration  for 
rental  shall  be paid  by the person renting the copyright  work. 
3. The right  of lease of a    work  of the author pursuant to this Law shall  not apply to existing  works 
of architecture and applied arts.  
4.The rights that refer to paragraph 1 of this Article may be transferred, or can be the subject of a 
contract between the parties.  
The rights referred to in paragraph 1 of this Article shall be transferred, conceded  or be the subject 
of  the contractual parties.  
Article 29  
Communication to the public of a work protected by copyright 
The author shall have the exclusive right to communicate or prohibit  his work to the public. This 
right shall include in particular: 
a) The right of public performance, such as: 
i. the right  of public reciting/performance  of works in the domain of literature  or science  
or by   live  reciting/ performing.   
ii. the right  of public musical by  live performances  
b) The right of public stage presentation, meaning  live performance of dramatic works, drama -
musicals, as well as choreographic works or works of pantomime to the public; 
c) The right of public transmission shall mean the right to communicate a recitation, musical 
performance or a stage presentation that is outside the place, where the work is performed, but 
communicated by loudspeaker, screen or any other technical device.  
ç) The right of public communication of an unmovable or fixed work shall mean the right to 
communicate to the public a work, which is fixed in a phonogram or a videogram,  by such 
phonogram or videogram.  
d) The right of public presentation shall mean the right to display to the public works of visual 
arts, architecture, applied arts and industrial designs, a photographic or audiovisual work, and a cartographic work, or a presentation of scientific or technical nature, by technical devices  
dh) The right  of public broadcasting  of a work  which  includes the communication  of the work  
through any means  of signal  reproduction, sounds or images  or images  and/or sounds  
simultaneously  or wireless,  intended for reception  by the public, so  that:  Page 15 of 101 i) transmission of program / work - carrying signals, offered to the public, shall be available 
through unencrypted devices  of the signal from audiovisual media service provider or by a 
third party authorized by it;  
ii) inserting  of the program/work -carrying s ignals intended for the public shall be enabled through 
an uninterrupted chain of communication, that under the responsibility of the broadcaster to the 
satellite and down to the earth, known as "satellite broadcasting ";  
e. The right of re -broadcasting shall mean the exclusive right to a simultaneous, unaltered and 
unabridged communication to the public, of a broadcast of a copyright work;  
i) When made by  an audiovisual media service provider (OSHMA) to another audiovisual media 
service provider; 
ii) when transmission is by cable or microwave system, by public broadcasting, that comes from 
another  audiovisual  media service (cable retransmission);  
 ë. The right to communicate to the public the program (transmission), shall mean the exclusive 
right to communicate work (program) to the public, via a loudspeaker, screen or any other similar 
technical device; 
f)  The right of making works available to the public shall be the exclusive right to communicate 
to the public a work, by wire or wireless with in such a way that the members of the public may 
access it from a place and at a time individually chosen by them.  
Article 30  
The right to create derivative works  
The right to create derivative works shall be the exclusive right of the author, or the holder of the title to authorize any adaptation, translation, publishing of a summary, any musical arrangements, 
as well as any other adjustment, made to the existing work.  
Section 3  
Other property rights of authors 
Article 31  
The right to remuneration for the reproduction of copyright works for private or other 
personal use 
1.The author, whose works, due to their nature may be reproduced without authorization, i n terms 
of  Article 72,  through photocopying or by recording on sound, visual/drawings or text fixation 
mediums, or by any other forms, for private or other personal use, shall have the right to an 
appropriate remuneration upon sale of technical appliances which enable reproducti on of text, 
sound or image, as well as materials, which maintain / fix the  works through sound, image and text. List of equipment and fees are determined by the Council of Ministers. Page 16 of 101 2.Except for the right   refer red to in paragraph  1,of this article,  the author shall  bene fit  the right  
to a reasonable reward  from  a natural  or legal  person that offers  photocopy services  with payment. 
3. Any other reproduction techniques shall  be adequate to photocopying, and any other appliances  
providing the same effect  shall be adequ ate to appliances  for sound or  visual recording.  
4. The remuneration referred  to in paragraph  (1) of this Article  shall  be paid by manufacturers  of 
appliances  for sound and visual recording,  manufacturers  of appliances  for photocopying, 
manufacturers  of blank audio that enable the identical  copy  of the original,  video or text fixation  
devices  and importers  of these equipment unless such imports  concerns  small quantities  intended 
for private and non- commercial  use, forming  part of personal ba ggage. If the mentioned appliances  
and objects  not produced in the Republic of Albania the remuneration  shall  be paid by the importer.   
 5. The  obligation  to pay the appropriate remuneration referred  to in paragraph  (1) shall  arise:   
a) in respect  of the first sale or import in the Republic of Albania of new appliances  for 
sound and  visual recording;   
b) in respect of the first sale or import in the Republic of Albania of new blank audio and  
vi
deotapes or any  text fixation medium.  
c) in respect  of the first sale or import in the Republic of Albania   of new photocopying 
appliances   
 
6. The remuneration  referred  to in paragraph  (2) of this Article  shall  be paid in the amount 
depending on the information on the number of photocopies made.  
  
7. Authors may not renounce the rights  to remuneration referred  to in paragraphs 1 and 2 of this 
Article.  
 
8. A proper remuneration, referred  to in this Article,  shall  be the one provided by the 
contract/agreement,  taking  into consideration the possibility  of damage caused  to the author, 
in case of the work  reproduced  without his/her authorization for private use or other personal 
use, the application  of technological protection measures,  and other circumstances  that could 
be considered  just in  form  and content as an  appropriate remuneration.  
 
Article 32  
The Right of Public  Lending  
1.  “The Public lending”, under this Act, shall  mean  making available for use for a limited  period 
of time and without direct  or indirect  economic or commercial  benefit,  through the institutions  
that permit public access  of such work  and for this reasons  perform this activity  as a public 
services.  Page 17 of 101 2. The authors shall  have the exclusive right  to authorize or prohibit the public lending of works,  
unless otherwise provided by this Law,  that the authors enjoy  only the right  to direct  
remuneration  as a fair  compensation  for the public use of their  work. 
3. The authors of audiovisual works, works embodied  in phonograms and computer programs  
shall  have the exclusive right  to permit or prohibit public lending of their works. The lending 
of these works shall  be determined  6 months after  the first  distribution  of the work. 
4. The preceding   paragraphs  shall  not apply to the use of originals,  or copies  of works of the 
national library,  of educational/academic institutions  and in public free entry  and free of charge 
librar ies, of architectural  structures,  of applied  art works of originals  or copies  of works  for the 
purpose of communication  to the public. 
5. Authors of literary  and musical  works, in the form  of pentagram  sheet,  shall  have the right  to 
equitable remuneration for giving  to public their  works for lending. 
6. The author may  not renounce the rights  referred  to in paragraph  2 of this  Article.  
7. Except  of the provisions of paragraph  1 of this  Article,  the authors of databases  shall  have the 
exclusive right  of public lending of the originals  or copies  of their  databases.  
8. The procedure for an equitable  remuneration, for public lending as referred  to this Article  shall  
be determined  by a decision  of the Council of Ministers.   
Article 33  
The right of resale (droit de suite)  
1. Following the first transfer  of property of an original work  of art, the copyright  holder, the  
author in person or his/her  legal  heir following his/her death,  shall  have the inalienable  right   
which  cannot be waived   in advance,   to remuneration  based  on the profitable price  of sales  for 
each resale of  the work. 
2. The right  shall  apply to all acts of resale involving as sellers,  buyers  or intermediaries  art 
market  and in general  other  person  dealing  with trading of works,  how and when  this activities  
are carried  out at  premises  works of art  are sold , such  as art galleries  or  public auctions ect.   
3. By way of derogation, the foregoing in paragraph (1) of this Article  shall  not apply, where  the 
seller  is an art gallery  which  has acquired  the right of property work  directly  from  the author 
not more   than  three years  before  that resale and where the resale price does not exceed  the 
equivalent value (Albanian  currency  ) of 10 000 EUR   
4. Pursuant to the provision of this Article,  the resale  right,  applies  ‘mutatis  mutandi s’ also in the 
case of the  resale of the art original works,  that entered  in the " public domain".  Page 18 of 101 Article 34  
Original works of visual art and equitable reward of author  
1. In the understanding of this Law, "the work of visual art" shall be any work of visual arts, such 
as pictures, collages, paintings, drawings, engravings, and,  works of applied arts  sculptures, works 
of applied arts such as tapestries, ceramics, glassware or photography  where created by the author 
himself or are copies considered as original works of art.  
 2. Copies of works of visual art are considered as original if they are made in limited numbers by 
the artist himself or under his authority, as well as  those normally numbered, signed or authorized 
by the author, in another manner.  
3. A seller who resells the work referred to in foregoing paragraph, at a price exceeding the 
equivalent amount in Albanian currency of 500 Euro ,shall pay to the author the equivalent amount 
convertible in (Albanian Currency) of:  
 
a) 5%  for the portion of the selling  price  to an extent  from   500 Euro  to 3,000 Euro; 
b) 4% for the portion of the selling  price  to an extent  from   3000.01Euro to  50,000 Euro; 
c) 3% for the portion of the selling  price  to an extent  from  50 000, 01 Euro  to  200,000 
Euro: 
ç)  for the portion of the selling price to an extent from  200 000, 01 Euro to 350,000 Euro; 
d) 0.5 for the portion of the selling  price to an extent  from  350 000, 01 Euro to 500,000 
Euro; 
dh) 0.25 for the portion of the selling price exceeding 500,000 Euro. 
4. The total amount, which, on the basis of the provision referred to in paragraph (3) of this Article 
that belongs to the author for each resale, shall not exceed the  equivalent amount in in All of 
12,500.00 Euro. As a base for the calculation of such amount shall be  taken the net price of selling .  
 
5. The sale prices, referred to in paragraph 3 of this article, are net amounts, excluding VAT or 
other fiscal obligations. No bonus is paid when the net selling price is lower than the equivalent of 
500 Euro. 
6. The amount in ALL is calculated according to the official rate of exchange issued by the Central 
Bank of Albania, valid from the first day of the quarter year calendar, during which the sale 
occurred.  
7. In case when more than one art dealer are involved, in the transaction of the transfer of property, 
they shall share i ndividual or joint obligations for the remuneration. In this case, unless otherwise 
agreed by the art dealers, the seller is obliged to pay for remuneration. If none of the  art dealers, Page 19 of 101 involved in the sale does not participates in the transfer as a salesman, the remuneration is paid by 
the buyer, unless otherwise agreed. 
8. After the resale for a period of 3 years, the author or his/her representatives, shall have the right 
to ask the  persons referred to in Article 33 paragraph 2 of this Law, to provide any information 
that may be necessary for the collection of the remuneration, that belongs to him/her from the reselling.  
9. Definitions of provisions 1 to 8 shall apply  to: 
a) The author or lawful  heir, who is a citizen  or resident  in the Republic of Albania,  or in 
any Member  State  of the  European Union; 
b) Nationals  of countries outside the European  Union, on condition that the legislation  of 
the country of which  the author or his/her legal  heir is a citizen,  provides the right  of 
remuneration  also for the citizens  of the Republic of Albania.  
10. The provisions defined  in the section  of this Law, on the duration of copyright protection, 
shall apply "mutatis mutandis '' also for the duration of protection of the resale right. 
Article 35  
Renouncement, Transfer and Execution of resale right  
1. The author cannot renounce his resale right.  
2. The resale right shall not be transferred by legal contract/agreement during the author's life. 
After the death of the author, the resale right passes on to his heirs and the remuneration therefrom 
shall be paid to them.  
3. The  resale right  shall  not be subject  to execution  of obligations.  
Article 36  
Author’s right of access 
1. The author shall  have a right  to require from  the owner/ entitled  holder or direct  possessor  of 
his original or a copy  of his work  to allow  him access  to the work, if such access  is necessary  for 
making copies  of the work  or derivative works under the provision  of Article  30, of this Act, and 
is not contrary  to any legitimate  interests  of the owner or possessor.   
2. The author shall not require the work from the owner/possessor of the work, at any case and for 
whatever purpose, unless otherwise provided in paragraph 1 of this Article. 
3. Provisions of paragraph (1)of this Article do no oblige the owner or direct possessor to deliver 
to the author the original or a copy of the work.  Page 20 of 101 Article 37  
The right to prohibit the public exhibition of the work  
1. The au thor of an undisclosed work of visual art, applied art, and an undisclosed photographic 
work, shall have upon alienation of the original or a copy of his work, the right to prohibit to its 
owner to exhibit the work to the public.  
 
2. The author shall  prohibit the public exhibition  referred  to in paragraph  (1) of this Article,  in 
written  form.   
 3. Any public use/exploitation  of fine art works, featuring  a portrait  of an individual, shall  be 
permitted  only with the consent of the person/individual or his/her legitimate  heirs  according  to 
the legislation  in force.  
4. The author shall  not have the right  referred  to in paragraph  (1) of this Article,  if the work  belongs 
to a museum, gallery  or other  similar  public institution   
Article 38  
Copyright on photographic works  
1. The images  of persons or presentations, elements  or of nature or life events,  realized  by 
photographic processes,  including reproductions of works of figurative art and shots of 
audiovisual works shall  be deemed  as photography,  in  the meanin g of this Law.  
2. The photography of writing,  documents, business paper  works, material objects,  technical  
drawings  and similar  products shall  not be considered  subject to  this Article.  
3. The transfer  of the property  of negative  film or of any similar  embodiment of a photographic 
work, on which  copies  can be produced, consequently br ings over the transfer  of property  rights  
of the work, except  of the  resale right,  unless otherwise provided by  a written  contract  ,  
4. The portrayed  individual in a photographic work, commissioned  by him, shall  carry  out any 
acts of  property  rights,  even  without the authorization of the author of the picture,  unless the 
written  contract  provides otherwise.  
Article 39  
Copyright on applied art and architectural works  
1. Protection  from  copyright  provided by this Law,  on works of applied  art extends  to the outer 
shape of the involved, featured  objects  such as:  lines,  contours, shapes,  texture  etc. The 
protection includes two - and three -dimensional objects.  
2. Pursuant to this Law,  protection of copyright on architectural  works extends  to similar  
architectural  buildings constructions, as  well  as to their  projects.  Page 21 of 101 3. The right of adaptation, of an applied art work or architectural one shall not include such types 
of alterations that do not result in changes of the external form of the work. 
4. The rental  right  shall  not apply to the three-dimensional architectural  works and to works of 
applied  art. 
PART IV  
DURATION OF COPYRIGHT PROTECTION 
Article 40  
Duration of protection of personal moral, non - property rights 
Personal non- property rights of authors shall be protected with no time limit. After the author's 
death, the protection of these rights shall be taken over by the legal heir/s, and in their absence, 
they are regulated by the Civil Code.  
Article 41  
Duration for Property Rights Protection 
1. The property foreseen by this Law, unless otherwise provided in this Article, shall be protected lifelong the author’s life and run for 70 years after his death, whatever the date when the work was lawful ly disclosed to the public. After author's death, the property rights will be transferred by 
inheritance, according to civil Legislation.  
2. The terms of protection laid down in this section shall be calculated from January 1
st of the 
following year, of the author’s death, or where appropriate, on the first legal public disclosure of 
the work. 
3. The property rights of a work in co -authorship shall be protected until the death of the last 
surviving author and running for 70 years of his death. 4. The property rights of co -authorship on a work of musical text shall be protected running for 70 
years of the death of the last  surviving author, the author of the text, or the composer of the musical 
work, whether they are or not persons entitled as co- authors, and in case, when the contribution of 
the two/or more have been specially created for the use of the same musical wor k. In case, the 
music or texts have not been specially created for the same musical text work, then the general 
rules for the time limitation of copyright shall apply.   
5. The property rights of an audiovisual work shall be protected running 70 years after the death 
of the last of the following person to survive, whether or not these persons are or not entitled as 
co-authors, pursuant to article 97 of this Act, specifically created for exploitation of audiovisual 
work. Page 22 of 101 6. Property rights of anonymous works or under a pseudonym shall be protected up to 70 years. 
The time limit begins from January 1st of following year, from the time the work is lawfully 
disclosed to the public. In case this work is not lawfully disclosed to the public within 70 years from its creation, the protection of copyright ceases to exist.  
When the pseudonym, used by the author, leaves no doubts as to his identity, the definition of 
paragraph 1 of this Article shall apply. This definition sha ll be applicable also, in case the author 
of an anonymous work, or under a pseudonym, reveals his identity or if his identity becomes obvious during that period of time. 
7. Property rights collections shall be protected up to 70 years, starting from the day of the lawful 
public disclosure of the work. In any case the authors of woks, contributions or other materials of a collection can be identified in proportions to these works, contributions or other materials, the terms of `paragraph 1 or 3 of this Article shall be respectively applied. 
8. In case the work is published in volumes, parts, chapters, numbers or episodes, the time terms 
of protection begins  from the time of legal  public disclosure of the work and terms referring to 
paragraph 1 to 6 of this Article  shall be individually applicable, for each of the items. 9. If the term of property rights protection of the work, prescribed by the country of origin, is 
longer than the term of protection provided by this Act, then the provisions of this Law shall apply. 
If the expiring term is shorter, then the terms prescribed by the country of origin shall apply. 
10. The work shall be considered as a  public domain and can be freely  used by the public after 
the termination of the terms of property rights protection,  being subject to the observance of the 
authors’ moral rights, according to the provisions of this Law  . 
Article 42  
Copyrighted works included in the public domain 
1. Any other person, after the expiration  of the terms  of author’s property rights protection, 
benefits  equal  protection as the author: 
a. legally  publishes for the first time,  or legally  discloses  to the public, a non-
published previous work;  
b. publishes a scientifi c critique  of a work  that has become part of the "public domain" 
2. The expiration  terms  of property rights  protection referring  to letter  "a", paragraph  1, of this 
act shall  run for 25 years  from  the time,  the work  have been  published for the first time or 
lawfully  disclosed   to the public  
3. The terms  of property rights  protection referred  to in the letter  "b", paragraph  1,of this Act, 
shall  run for 30 years  from  the first  legal  publication. Page 23 of 101 CHAPTER V  
THE RELATIONSHIP BETWEEN COPYRIGHT AND PROPERTY RIGHT  
Article 43  
General Provisions on Property Alienation Right of the Work 
1. Copyrights are  independent from  ownership and other proprietary  rights  in an object on 
which  the work  is fixed.   
2. In case the author or holder of copyright, grants  the property rights of the material, on which 
a copyright work is embodied /fixed, he shall not be deemed to have granted his property 
rights on the work or the authorization issued for the exploitation of  the work, unless 
otherwise provided in a contract / agreement or by this Act. 
3. The author or the entitled right holder of copy rights, who has granted the property rights or issued an authorization for the exploitation of a work, shall not be deemed to have granted the property right of the material on which the work is embodied / fixed, unless otherwise provided in a contract / agreement or by this Act.  
Article 44  
Destruction of a protected copyright 
1. The owner of an original work  protected by this law, who knows or has reasonable grounds to 
know that the author or co- authors has special  interest  in saving such original from  destruction, 
shall  be obliged, before destructing  it, to notify them about the destruction and shall  offer them  to 
buy off the original  at a price equivalent  to its real value.  In case of the return  of the original to the 
possession  of the author is not possible, the owner should allow  the author to make a copy  of the 
work  in corres ponding manner. If the author does not want  to buy off the original, the owner  is 
free to destroy  it, but shall,  at the author's request,  allow  him to  photograph it before  destruction  
2. The owner of objects containing copies of copyright work shall not have obligations referred to 
in paragraph (1) of this Article, unless he knows or has reasonable grounds to know that neither 
the original nor other copies of that work exist.  
 
3. The owner of the object on which a copyright work has been fixed without author’s 
authorization, may destroy the object,  without obligations,  referred to in paragraph1 and 2 of this 
article.  
4. The provisions set out in paragraphs (1) and (2) of this Article shall not apply to works of 
architecture. The owner of a work of architecture shall only be obliged to notify the author about the destruction, and shall allow him, at his request, to photograph the work and shall deliver to him 
a copy of the design o f the work.  
5. In respect of alterations of a work of architecture the interests of its owner must be taken into 
account. The author of a work of architecture shall not oppose to alterations of his work of Page 24 of 101 architecture, which are necessitated by severe reasons such as safety or technical reasons. Where 
the work of architecture needs reconstruction, his author shall not oppose to the use of other materials, if the materials used in the construction thereof proved to have deficiencies, or if such materials c ould not be obtained, or if they can be obtained only with disproportionate difficulties 
or expenses. In such a case the author, where the work is designated by his name, shall be entitled to demand that the owner of the building, beside the name of the author make a note concerning 
alterations of the work and the time they were made.  
6. If the owner acts contrary  to the provisions of this Article,  he shall  be responsible for the 
infringement of the author's moral  rights.  
CHAPTER VI  
TRANSFER OF THE AUTHOR’S PROPERTY RIGHTS  
SECTION 1  
General Provisions 
Article 45  
Transfer of the author’s property rights 
1. The author or holder of copyright may transfer by a contract provided by this law and 
provisions civil legislation, only the property rights against other persons.  
2. Copyright is hereditary. All rights belonging to the author shall be granted to his heirs, unless otherwise provided in this law. 
3. General  regulations on inheritance shall  apply to all other matters  related  to inheritance of 
copyright, which  are not regulated  by this Act.   
4. The transfer of the property rights of copyright is limited to certain rights over a territory and for a time period, clearly defined in the agreement or contract. 
5. Personal  non- property  rights  of the author shall  not be transferab le to other people. They  exist  
regardless  of the property  rights  of the author and they are retained  by the author even  after the 
transfer  of property rights  to other persons.  
Article 46  
The Manner of Granting the Economic Rights  
1. The economic rights  of the author or copyright holder may be granted  by a signing  contract  in 
an exclusive or non- exclusive manner.  Due to this transfer,  the party  whose rights  are assigned    
is the new  holder of the copyright, in  accordance with the terms  of the contract.  Page 25 of 101 2. In the case of granting the  right  in an exclusive manner,  the author/owner of the original work  
shall  reserve the right  for the exploitation  of the work, for this period and for a limited  as to 
territory,  and he shall  not either  have  the right  to grant  the same  title to a third  party.  In this 
case,  based  on an exclusive contract,  the holder of the exclusive right  may exploit an author’s 
work, by excluding any other person from  such a use, including the author, unless otherwise 
provided by this Law.  Within  these limits,  he also should have the right  to authorize or prohibit 
third  parties  to exploit the work, if only these rights  are agreed  upon in the contract.  The 
exclusive manner  of granting the rights  should be expressively  provided by the contract  
between  the parties.  The contract  shall  be valid  if concluded, in accordance  to the dispositions 
of this  Law and to the Civil Code in  force.   
3. In case of granting the rights  in a non- exclusive manner,  the author/owner of the work  may 
exploit the work  himself,  and may also grant the right  in a non- exclusive manner to third  
parties.  In this case,  the right  holder by which  the author entrusts the exercise of his right  for 
exploitation  of the work  in a non- exclusive form  shall  be entitled  to exploit  the work, in the 
same way as the third  parties,  who  have acquired  the authorization, complying with the scope 
and content of the contract   
4. The r ight  holder for the exploitation  of his work  in a non- exclusive manner  shall  not transfer  
this right  to other persons, without the consent or  written  authorization of the author/owner of 
the work. 
5. The transfer of a property  right  by the author/owner of copyright shall  not affect  upon other 
rights,  unless provided by  the contract.  
6. The consent/authorization referred  to paragraph 4 of this Article,  shall  not be acquired,  when  
the holder of the right  is a legal  person, within  transfer  of the entire  business or the part thereof  
constituting  the entirety,  according  to the Law . 
7. When  the right  of exploitation  of  the work  in a non- exclusive manner,  transferred  without the 
author's authorization the person acquiring  the right  of exploitation  shall  have joint liability  
with the person transferring  the copyright.  
8. The later grant  of the exploitation  right  of work , even  the exclusive one, shall  not prejudice the 
earlier  granted  exploitation  right  either  exclusive or non- exclusive manner,  unless otherwise 
provided by  a contract  on the grant  of an  earlier  right 
Article 47  
Granting of Reproduction Right 
Granting of reproduction right  of the work  shall  not signify  the transfer  of distribution  right,  
unless the contract  provides otherwise.  Page 26 of 101 Article 48  
Copyright Contract 
1. By a contract  or in the cases  provided by Law,   an author grants   to another person the right  to 
exploit his literary,  scientific,  artistic  work  or may  entrust to  him the exercise of copyright, by  
issuing an authorization for its exploitation  or other legal  right.  On the other hand, the right  
holder shall  exercise this right  under conditions provided by a contract  and pay remuneration, 
unless otherwise provided in  the contract.  
2. The copyright contract,  except for the use of works in newspapers and other periodical 
publications  shall  be valid  only if  compiled  in a written  form,  and provides: the description of 
the work, the rights  and obligations  of the holder that acquires  these rights; the exclusive/non-
exclusive rights; the extent  and the manner  for exploitation  of the work  covered by it; the terms  
of  validity; territorial where applicable; the amount of remuneration or the basis  for estimating   
the value for the  exploitation  of this  work; and  terms  and conditions of remuneration. 
3. In case the copyright contract  does not speci fy the limit as to territory,  the contract  is applicable  
only in  the territory   Republic of Albania.  
4. In case , the copyright contract  does not provide for its term of validity,  then it should be 
considered  to have a three- years  term from  the date of its signature,  involving   the work  
exploitation   in its original form,  and five years  for exploitation  of a work  in an adapted,  altered  
or translated  form  in any other way.  
5. In case the contract  does not clearly  and adequately  specify  the nature and the rate of w ork 
exploitation  for which  the authorization is issued,  the contract  shall  be interpreted  only 
including this kind of nature and rate for the exploitation  of the work, in accordance with the 
provisions of the Civil Code concerning with  provisions for the i nterpretation  of the contract.  
6. The lack of these provisions shall  entitle  the concerned  party  to ask for termination  of the 
contract.  
Article 49  
Fixing  of remuneration for granting the property rights 
1. Remuneration  for granting the property  rights  shall  be fixed  in the contract  between  the parties  
and it is calculated  in proportion, to the income derived   from the exploitation of the work, or 
by other means,  taking  into account:  
a) the type  and scope of  the work  for which  the author enjoys  the copyright; 
b) its fi nancial  success;  
c) the type  and volume of work; Page 27 of 101 ç)   the duration of use;  
d) the existence of agreement  between  the relevant  associations  of authors and the 
relevant  association  of users  fixing  the amount of remuneration, as well as other 
elements  on the basis  of which  a decision on the amount of equitable remuneration  can 
be made  
2. If the amount of remuneration is not fixed in the contract, the author or the entitled copyright 
holder shall enjoy the right to demand from the competent authorities to fix the remuneration under 
the provisions of this law. In this case, the remuneration shall be fixed in same ways with previous cases, with reference to the greater value of the remuneration for the same category of works, scope 
and duration for exploitation of  the work and any other circumstances, as appropriate, to fixing a 
fair remuneration  
3. If the contract between the parties, provides an obviously disproportional to the agreed or fixed 
remuneration  of the author of the work ,  and income of the other party, on which property rights 
are granted, the author shall be entitled to demand the competent authorities to revise  the contract or amend it  for the purpose of increasing  the amount of remuneration  for a fair compensation of 
the author. 
4.The author shall  not renounce his right   beforehand, referred  to paragraph  (3) of this  Article.   
Article 50  
The contract for published works in periodicals 
2. Unless  otherwise provided in the contract,  the author / owner  of the rights  of a published work  
in a periodical  shall  be entitled  to use it, in any form,  provided that the use does not infringe  
the right  of distribution  of the published work  in periodicals.  
3. Unless  otherwise provided in the contract  concluded between  the parties,  the author / owner of 
the rights  may freely  possess the work,  if it is not published within  one month  from  the date of 
its receipt  by the daily  press,  and within  six months in  the case of other publications. 
Article 51  
Validity limits of contractual provisions  
1.A copyright contract may be subject  to a work which is not yet created, provided that it defines 
the type of the work and the manner of use of the future work.  
2. A contractual provisions, concerning the grant of the right to use an unlimited number or 
unde
fined goals for a work to be created by the author in the future is null and void.  
3. A contractual provision concerning the grant of the right to use, in any manner of use of the 
unknown work , during the conclusion of contract is null and void. 
It is not considered as an unknown manner the use of the work at the time of the conclusion of the 
contract:  Page 28 of 101 a. a manner   of use, known before,  used  to increase efficiency  and quality;  
b. a new manner of use,  that  replaces  a manner  of use of a known work  at the time of the  
conclusion of contract,  considering  the nature and level  of use  
Article 52  
The contract concerning the future created works  
1. The subject,  to who the  right  is granted   or authorized, is obliged to notify in writing,  the right  
holder or authorized person  for the receipt  of the creation,  which  is subject to  the contract,  for 
the transfer/  authorization of the right  on a future  work, within  the time  limit stipulated   in the 
contract.  In the absence of this prevision, the time limit  is consi dered  to be two months from  
the conclusion of the contract.  In case the subject  to who  the right  is granted or the authorized 
person  may  not notify within  this period, the creation  is considered  accepted.  
2. The subject, to  who the  right  is granted   or authorized, may return  the work  to the author/ right  
holder or authorized person, concerning the corrections should be made,  based  on reasonable 
grounds submitted  in writing  and within  a deadline.  In case the author or authorized person 
refuses  to make corrections without  any reasonable ground or does not make the correction 
w
ithin the time stipulated in the contract, the person to who the right is granted or authorized 
may unliterary terminate the contract  without the payment of compensation. 
3. If the author authorizes the exploitation  of his work, he is  forced  to make  changes, that  do not 
affect  its substance,  but necessary  for it use, expressively  provided by the contract.  If he refuses  
or fails to fulfill this obligation, the person to who the right  is grant ed or the authorized person, 
shall  make changes   without his consent. 
Article 53  
Termination of the contract 
1. The author may unilaterally  terminate  the contract  of the copyright for the transfer  of property 
rights,  when:  
a) the beneficiary  / entitled   right  holder does not exploit the object  of the contract  within  
the time  limit and  the requirements  agreed  upon in  the written  contract;  
b) the beneficiary  / entitled  right   holder exploits  the work  in a way that is clearly  contrary  
to the authorization and in noncompliance  by the conditions stipulated  by a written  
contract,  infringing  the legitimate  interests  of the author. 
2. In the case of paragraph  1, of this Act, the beneficiary  / entitled  right  holder is liable  for the 
damages  caused,  in compliance with  the legislation  in force.  
3. The author shall  not have the right  to request  unilateral  termination  of the contract,  if the 
beneficiary  or entitled  right  holder for the exploitation  of the work  proves that the 
circumstances  which  caused  the non- exercise of the right on the work  are due to the author's Page 29 of 101 own acts, due to a third  party,  or a force  majeure.  In cases,  the cause is due to the author’s fault,  
he is liable  for the damage caused  , against  the beneficiary  or the entitle  holder. 
4. The author may not waive,  in advance,  from  his right  to terminate  the contract  as referred  to in 
paragraph  1. This waiver  shall  be excluded,  by a contract  for only two years  after the 
conclusion of the contract  or the delivery  of the work, if this occurs  in a later date from  the 
signing  of contract.  Instead  of the termination  of the contract,  the author may terminate  the 
exclusivity  of the rights  exploitation,  by reducing  the fee to be paid for its use. In the case of 
published works in daily  press,  the aforementioned  time period shall  be 3 (three)  months, 
whereas  for the other  periodicals 1 (one) year.  
5. The author may  not renounce his copyright. 
                                                                Article 54 
                                                                       Execution 
1. Copyright shall  not be subject  to the execution  of obligations. Only  economic benefits  acquired  
in the use of  copyright  may be subject  to execution  of liabilities,  in accordance to the 
provisions of the Civil  Code of the Republic of Albania,  unless  otherwise provided by this 
Law.  
2. If the author h as infringed  a contractual  obligation by non-finishing of work  or non-publishing 
of manuscript, by not completing  the work, or failing  to publish the manuscript, he shall  not 
be forced  to fulfil  it, but shall  be liable  for damage resulting  from  it.  
SECTION  2 
Specific Copyright Contracts 
Article 55  
The publishing contract 
1. By a publishing contract the author undertakes to grant to the publisher the right of reproduction 
of his particular work by printing or other similar process, and the right of distribution of the copies of the work (the right of publication), while the publisher undertakes to publish the work as agreed, and to pay to the author the agreed remuneration, unless otherwise provided by a contract, as well as to take care about a successful distribution of the copies of the work, and to provide the author with the information on the distribution of his copyright work. A publishing contract shall conta in 
a provision on the duration of the right of publication.  
2. It shall be presumed that the publisher has the exclusive right to publish the work referred to in 
paragraph (1) of this Article ,unless otherwise provided by a publishing contract.   3. The presumption referred to in paragraph (2) of this Article shall not apply to the right shall not 
apply to the right of publication of articles in newspapers or periodical publications. Page 30 of 101 4.The publishing contract,  the scope of which  is the publication of articles,  illustrations  or other 
copyright contributions in the print or in daily  and periodical  publications, does not need  to be 
made in  a written  form  (small publishing contract).   
5.The  publisher is entitled  to sign a publishing contract  with a third party  ,for the same work, only 
upon the expressed  authorization  of the author. 
Article 56  
The right of translation, adaptation and other rights 
By the contract referred to in Article 55 of this Act, the author may also grant to the publisher the 
right of  translating his work in a certain languages, and the right to publish such translated work, 
as well as other economic rights.  The author of the work may also grant to the publisher the right to adopt the work. The contract with the publisher, on the right to authorize other persons for the adaptation of the work or for its use in any other manner, should be subject to an expressed 
contractual provision. 
Article 57  
Verification of the accuracy of information 
1. The author shall have the right at any time, of insight and control of the publisher's business 
records and documentation, to verify the accuracy of information provided to him by the publisher  
2.The author shall require from a third person who has reproduced the work for the publisher  
information concerning the number of copies made of his work, and such person shall be obliged 
to provide complete and true information to that effect,,  in terms of paragraph 5 of Article 60 of 
this Law.  
Article 58  
Conclusion of a contract through a representative 
The author may conclude a publishing contract of publication through a representative, only for 
such works as are expressly indicated in the by the agreement between them.   
Article 59  
Fixing  the Amount  of Remuneration  
1. If the remuneration is fixed  as a percentage of the retail  price of the copies sold, the 
publishing contract  must specify  a minimum number of such copies  of the first edition, and 
a minimum remuneration  which  the publisher has to pay to the author regardless of the 
number of copies  sold.  
 Page 31 of 101 2. If the remuneration  is set as a lump  sum, the publishing contract  must specify  the total 
number of copies  agreed  upon to be printed. If this number is not agreed  upon, and unless 
otherwise deriving from  fair business practices  or circumstances  of the case,  the publisher 
may publish not more  than 500 copies  of the work.   
 
Article 60  
Other conditions of the publishing contract  
1. A publishing contract  may  also contain  : 
a) a time limit within  which  the author is required  to deliver  his correct  manuscript or other 
original of the work. Unless  otherwise provided by a contract,  this time limit shall  be one 
year from  the date of  the conclusion of the contract;   
 
b) a time limit within  which  the publisher is required  to publish and distribute  the copies  of 
the work. Unless  otherwise provided by a contract,  this time limit shall  be one year from  
the date of delivery of the  correct  manuscript or other  original of the work;   
 
c) the number of the editions which  the publisher is authorized to publish. Unless  otherwise 
provided by  a contract,  the publisher shall  have the  right  to publish only one edition;  
 
       ç
) a time limit within which the publisher , following the depletion of the first edition, is 
required to publish a new edition of the next issue copies, if stipulated by a contract. Unless 
otherwise provided by a contract, this time limit shall be one year from the date of delivery 
of such written request by the author .  
       d) a provision concerning the ownership over a manuscript or other original materials. The   
manuscript or other original shall remain the ownership of the author, unless he undertakes to give it to the ownership of the publ isher by virtue of a contract;  
      dh)  appearance and design of the copies of the work  
e) the exclusive or non- exclusive form  of property  rights  and the territory   that the publishing 
contract  shall  be applied. 
       ë)  circulation control procedures to work.  
2. The lack of any requirement set out in paragraph 1 of this Article, gives the interested party the 
right to withdraw from the contract and demand compensation for damages suffered.  
3. The publishing contract is filed and starts the  effect after being registered and certificated  in 
Copyright Office  and the rights granted  to the publisher shall be concluded after the deadline, which has been agreed upon by the signed contract between the parties.  
4. It is considered full distribution of published copies, when the number of unsold copies is up to 
5 percent of all circulated copies and, in any case, not more than 100 copies. Page 32 of 101                                                                Article 61  
                                          Modifications of the Work by the Author  
 
Unless otherwise provided by a publishing contract, the publisher shall be required to allow the 
author to make modifications to his work, when new editions are prepared, provided that these  
improvements do not significantly increase the cost of publication  and not alter the character of 
the work.   
Article 62  
The destruction of the manuscript and prepared editions 
1. If a manuscript of other original of the work  is destroyed  after its delivery  to the publis her, by 
force  majeure,  the author shall  be entitled  to the remuneration that would belong to him if the 
work  had been  published. 
 
2. If a prepared  edition  of the work  is completely  destroyed  by force  majeure  before it was put 
into circulation,  the publisher shall  be entitled  to prepare a new edition, and the author shall  
have the right  to remuneration only for one of destroyed  edition. The contract is considered 
resolved and the parties have no mutual obligations, when so requested by a party, against 
which f orce majeure acted.  In this case the damaged party  submits the contract to the 
Directorate of Copyright, which, in its turn notifies the other party within 15 days from the date of delivery of the contract.   
 
3. If after the publication and distribution  of the work, the number of prepared  edition  of the 
work  is partially  destroyed  by force  majeure,  the contract  is valid  for the remaining  of copies  
or valid  in its whole, if the publisher reproduces only that number of copies  that was destroyed, 
within  the time  period provided  in  the contract.  
 
Article 63  
Transfer of the publication right after the first publication of the work  
1.A publisher, who has acquired the right to publish the work, shall enjoy the right of priority  in 
granting t he right of publication of the work  in an electronic or any other form,  for a  remuneration 
equal to that of the competitor who has offered the  highest remuneration for author or holder of 
the rights of the offender.  
2.A publisher who intends to use the right referred to in paragraph (1) of this Article, shall submit his offer in writing to the author, or the owner of copyright of the work, within 30 days as from the date of receipt of the author's written invitation, by which the latter submits his will  to publish 
the work in an electronic form or in any another form Page 33 of 101 3.The publisher's priority right referred to in paragraph (1) of this Article, s hall be exercised for a 
period of three  years as from the date of the conclusion of a publishing contract. 
Article 64  
Unliterary termination of publishing contract 
1. The author may demand termination of a publishing contract if the publisher does not publish 
the work within the stipulated time in the contract or does not proceed to publish a new edition 
within the stipulated time or term determined by law.  
 
2.If the contract is rescind due to a publisher's fault, the author shall have the right to keep the 
remuneration received,  the right to compensation for damages, or to demand payment of the stipulated remuneration in the contract .  
 3. A publisher may demand  termination  of the publishing contract  and claim  damages,  if the author 
does not deliver  to the publisher a manuscript or other original of the work  within  the time limit  
stipulated  by a contract  or by  the law.   
Article 65  
Destruction of copies of th e work  
1.A publisher who intends to sell the unsold copies of the work for recycling, or otherwise destroy 
them, or withdraw them from circulation, shall first offer the buy off thereof to the author, at the price he would have obtained if copies were sold  for recycling. Otherwise, he shall incur 
responsibility for the infringement of the moral right of the author.  
2. If the author does not accept the publisher's offer referred to in paragraph (1) of this Article, or 
accepts to purchase only a certain part  of unsold copies, the publisher may sell the remaining copies 
for recycling, within 30 days as from the date of receipt of the offer.  
Article 66  
The contract for theatre and/or musical performances 
1.By a contract on the theatre and/or musical performance, the  author or the entitled right holder grants to a natural or legal person the right to perform or execute to the  public a literary, dramatic, musical, choreographic or a pantomime  work, by paying a stipulated remuneration, under 
conditions provided by a contract signed between parties.  
2.The contract on the theatre and/or musical performance, referred to in paragraph 1 of this Article 
shall be valid and it is effective after its r egistration and certification at the Albanian Office of 
Copyright and terminates upon expiration of the contractual term. 
3.The contract on the theatre and/or musical performance shall be in writing, for a certain time and 
number of performances in public. Page 34 of 101 4.The contract should stipulate  the time period on which the performance is staged, the number 
of performances, the exclusive or non- exclusive form of the  rights transfer, supervision of 
revenues and the manner of the remuneration of the author or entitled right holder. 
5.A natural person or legal person who is the organizer of theatre and/or musical performance has 
no rights to grant the acquired rights to a third party, without the written consent of the author or entitled holder  of the copyright. 
6. The natural or legal person who is the organizer of the performance, should allow the access to 
the author for the performed work, he should provide with appropriate technical conditions in respect of the moral rights of the author, he should  provide to the author or his representative a list of performed work, he should undertake to pay to the author the stipulated amount of remuneration, in respect to the time period agreed upon, by the contract and should notify the author of the benefits derived from the performance of his work, unless otherwise provided by the contract.  
7. Referring to this article, the contract is unilaterally terminated, if the contacting party should not show or display the work in public during the period agreed upon, and should not make use of the work in the manner and under conditions provided by the contract signed with the author of the 
work and the latter shall enjoy to receive remuneration, to request any compensation for the caused 
damage, or if the case so requires, he should require a payment for the entire amount provided by the contract.  
                                                                           Article 67  
The contract  of the  commission 
1. The author shall  enjoy  the economic rights,  in a contract  of commission,  unless otherwise 
provided by  the contract.  The author undertakes to  create a certain  work  and deliver  a copy  of 
such work  to the person commissioning  the work, while  the latter  undertakes to pay to the 
author a stipulated  remuneration,  as agreed by  the contract,  
2. The contract  on the creation  of a copyright work  made on commission  shall  also specify  
characteristics,  elements  and time limits  for delivering  the commissioned  work  and the time 
limits  for acceptance of this work.  
3. The person commission ing the work, shall  enjoy  the right  to cancel  the contract,  if the work  
does not meet  the conditions of the contract.  In case,  the contract  is terminated  pursuant to this 
paragraph, any amount collected  by the author shall  be reimbursed. If the preparatory  work  is 
done purposely to create  a work  under the commissioned  contract,  the author is entitled  to 
repayment  of any expenses  incurred.  
 
Article 68  
Th
e lease contract  
1. In a lease contract  of a copyright work, the author shall  undertake to  allow  the use of any  copy  
of his work  at least  in a certain  period of time,  whether  original or reproduction of it,  in case Page 35 of 101 of software phonographic and  audiovisual works. On the other hand, the leaseholder  shall  
undertake to  pay compensation  to the author, so  long as  he uses  a copy  of his  work. 
2. The  contract  for the lease of a work  shall  be regulated  under provisions of  this Law, for the 
lease right  of and  provisions of the Civil Law on lease contracts.  
3. The  author retains  copyright of the rented  work,  excluding the right  of distribution, unless 
otherwise provided by  the contract  between  the parties.  
Article 69  
The works created on the basis of a contract of employment 
1. When  the works are created  by an employee,  within  the terms  of the contract  of employment  
and during the execution  of the tasks  and instructions given  by his employer, it should be 
considered  that the economic rights  and other rights  on this work  have been  exclusively  
transferred  to the employer, for a period  of 3 (three)  years,  from  the date the w ork was 
submitted  to the employer,  except  when  otherwise provided by  the contract.  
2. Pursuant to paragraph 1 of this Article,  the use of the work  by the employer  within  the scope  
of its activit y, area which  is provided by the terms  of the contract  of employment,  does not 
require  the authorization of the employe e author. In other cases,  the use of the work  outside 
the scope of the activity,  a written  consent of the employe e author it is required,  who holds 
the right  to a fair compensation.  
3. The employer  may  not authorize, for profit  purposes, the transfer of the economic rights  over 
the work  to third  parties,  if this transfer  of rights  is not expressly  stipulated  in the contract  
with the employe e author. 
4. In the case when  the emplo yer, according  to the employment contract  with the employe e 
author, transfers  the copyright or authorizes third  parties  to use/exploit the work  for profit  
purposes, the employe e author is entitled  to receive  a reward  of e fair proportion to the 
acquired  profit  by the authorization/the  transfer  of the rights  to the third  parties.  
5. Upon the expiration  of the period referred  to in paragraph  1, of this article,  the property rights  
of the work  are given  back  to the employee,  however,  the employ er may claim  a new contract  
for the transfer  of exclusive property rights  of the work  of the employe e author, versus of a 
fair remuneration.  
6. Notwithstanding the provisions of this Article,  the employe e author of a work  created  pursuant 
to an individual contract  of employment shall  retain  the exclusive right  to use the work  as part 
of his whole creation.  Page 36 of 101 CHAPTER VII  
RESTRICTIONS ON THE EXERCISE OF COPYRIGHT  
Article 70  
General provision 
Limiting of the copyright is permissible for using a work without the author's authorization or 
without the author's authorization and without remuneration payment, only in the cases that are expressively defined in this law, provided that the extent of the exploitation of works of the copyright be limited for the intended purpose and not to be in conflict with a normal exploitation of the work, and not to harm the legitimate interests of the author or the holder of copyright. 
Article 71  
Temporary reproduction permit 
1. Temporary  actions  of reproduction are excluded  from  the exclusive right  of reproduction, 
referred  to in Article  26, of this law, and are allowed  provided that they meet  all the following 
criteria:  
a) to be temporary  or casual;  
b) to be an  integral and  essential  part of a technological  process; 
c) to have as  the sole purpose the transmission  through a network  between  third  parties  via 
an intermediary , or the l awful  use of a work; and  
ç)   To have no any independent purpose of economic gain. 
2. The provisions of this Article  shall  not apply as in the case of Article  86 of this law, for the use 
of the databases.  
Article 72  
The reproduction of the works for private and personal use 
1. Pursuant to Article  31 of this l aw, a natural  person  may reproduce a work  of copyright, without 
the authorization of the author of a work  or of the holder of copyright for this work  and without 
remuneration , if applied  for no more  than one copy,  or in the form  of any similar  means  to 
photographic techniques, or by any other device that has similar  effects  to the latter,  and by all 
other means  of private  and other personal  use, insofar  as the copy  is not accessible and is not 
intended for the public, and does not have direct  or indirect  commercial  purposes. 
2. Unless  
otherwise provided by this law or by a contract,  paragraph  1 of this Article  shall  not 
apply to: 
a) the reproduction of an  entire  book, unless its  sold copies  are exhausted  for at least  two 
years;  Page 37 of 101 b) the graphic editions of the  musical  works (scores);  
c) electronic databases;  
ç)  cartographic works;  
d) the buildings of the architectural  structures;   
dh) Computer programs. 
Article 73  
Reprographic reproduction 
1. Reprographic reproduction, which  means  the identical  reproduction of a work  in the same 
format,  enlarged  or reduced,  by way of photocopying or by the help of other similar  
technologies, shall  be allowed  in the case : 
a) of a legally  published work,  if the reproduction in  one copy  is made by  a library  or 
archive service and if the aim  is to replace the copies  that are lost,  are destroyed  or have 
become unusable, or  reproducing of  the copies  to make them  available for the  libraries  
or similar  archive services,  with  the aim  to replace  the creations  that have been  lost in  
their collections , that  have been  destroyed  or have became  unusable, when  it is 
impossible  to obtain copies  of creation  through normal  commercial  channels;  
b) of articles  and other collected  creations, or short fragments  of literary  creations,  and 
isolated  parts  of books in a limited  scale,  which  are lawfully  published, provided that such 
reproduction in copy  is made by the library  or the archive not for a direct  or an indirect  
economic benefit, but to meet  the needs  of individuals/persons, who will use the obtained 
copy  for private study or  research  without any  profit  purposes. 
2. The c omputer programs  are an  exception  to this provision. 
 
Article 74  
Temporary registrations 
There are permitted t emporary registration s of works done by media service providers through 
their own equipment and for their own broadcasting, by undertaking the obligation that such 
records be deleted or destroyed within 3 ( three ) months at maximum, or be deposited in the state 
archives if deemed of special documentary importance and are treated according to the legal 
provisions in force for the archives.  Page 38 of 101 Article 75  
Restrictions on the benefit  of special institutions  
Public archives, national libraries, educational and scientific institutions, preschool e ducational 
institutions and social institutions (charity  ones), that have no direct or indirect economic benefits , 
may reproduce the work from their copy for internal use, by any means, in no more than one copy.  
Article 76  
Collections for teaching or research and scientific purpose 
1. There are permitted to be reproduced on paper or in any other similar form, and to be 
transmitted to the public specific parts of legally published works, or short integral parts of 
works from the field of science, literature and music, as well as individual works of visual arts, 
architecture, applied arts , which ar e subject to Article 8 of this law, photographic or 
cartographic works, and presentations of scientific and technical nature, in the form of a 
collection which contain s work s, contributions or other materials of different authors, that due 
to the content and disposition, are exclusively related to teaching or scientific research, as long 
as it is possible to show the source, by also including the author's name, unless the author 
expressly forbids it. The r eproduction and communication to the public of the special parts of 
the copyright works shall not be considered as violations,  pursuant to Article 23 of this law, 
unless the distribution of specific parts would harm the honor or reputation of the author. 
 
2. The authors of the works, contributions or other  materials  included in the collections , as 
referred  to paragraph 1 of this Article,  shall  have the right  to fair remuneration for the 
reproduction and  the communication  of their  works  to the public. 
Article 77  
The use of works intended for disabled persons  
1. The use of the copyright works shall  be permitted  for the natural  and legal  persons, approved 
by the respective state institution  which  represent s the interests  of disabled  persons, when  they 
act without economic profit  purposes, without the authorization of the author of a work  or the 
holder of the copyright for this work, and with no reward,  but by showing, whenever possible, 
the source,  including the name of the author, to use a work  lawfully  published or transmitting  
to the public, as is provided in paragraphs 2 and 3 of this Article,  provided the condition that 
only disabled  persons will have the possibility to use and access  these works, to the extent  
demanded  by the specific disability,  with the exception  of the works created  specifically  for 
this purpose. 
2. For the purpose of the limitation  provided for in paragraph  1 of this Article,  shall  be permitted  
to be reproduc ed, publi shed, adapted  and communicated  for the public, including even  the 
making available to the public of a w ork through computer networks (internet),  by means  of 
an audio version or in electronic form , and by means  of a version  in the form  of reading  and 
writing  on reliefs  of the work  (Braille).  Page 39 of 101 3. The use of copyright works  shall  be permitted  for the persons with mental  disabilities  and of 
the reading  ones,  in order  to reproduce,  publish, adapt,  and to communicate  to the public, 
including even  the making available to the public of a work  by computer networks (internet),  
works specially  tailored  to these people. The adjustment of the works  for these people means  
a linguistic  transformation  of the works in such a way as to make them  accessible for people 
with such  disabilities.  
Article 78  
The use of the works for legal, administrative and other official proceedings  
The copyright works shall be permitted to be reproduced and communicated to the public, in 
concrete cases, without the authorization of the author or holder of the copyright and without 
remuneration, for performing tasks related to public s ecurity , for the us ing a nd perform ing of court, 
adminis trative, parliamentary proceedings and arbitration pro cedures, except in the case of 
collections.  
Article 79  
The use of the works for educational purposes 
1. A work  can be presented  or displayed to the public, without the authorization of the author or 
the holder of the copyright and without remuneration , in the direct  form  of teaching  or school 
activities,  to the extent  justified  for educational purposes such  as: 
a. the work  is not used for economic or commercial  benefits  by an educational  institution,  
organizers  and third  parties;  
b. performers  do not receive remuneration for their  shown; and  
c. tickets  are free  of charge.  
2. In the cases  provided for in the paragraph  1 of this Article,  it is compulsory to cite the source 
and authorship of the work,  where this  is possible. 
Article 80  
Th
e use of works for the purpose of the public information  
1. To the extent  necessary  for public information about current  events  via the press,  radio  or 
television,  without the authorization  of the author or of the holder of the copyright  and without 
remuneration, the following items  are allowed  to be reproduced, distributed  and forwarded  to 
the public: 
a. works that are part of current  events  to be seen and heard,  provided that the works are 
used to the extent  justified  by the purpose  and manner of reporting of current  events;  
b. newspaper a rticles  and photos on actual  political,  economic or religious topics, via 
other ways  of communication  to the public, including the making available to the public 
via computer networks, provided that the author has not expressively  prohibited such a Page 40 of 101 use, and that such works are used to the extent  justified  by the purpose and way of 
reporting;  
c. public, political and religious speeches  published in the daily  or different  periodicals,  
or transmitted  for the public by radio  or television,  including the speeches  during the 
court proceedings  to the extent  justified  for the purpose to be achieved,  delivered  by 
state or religious  institutions,  or state and religious ceremonies,  as well as fragments  of 
public presentations.  
2. For all the provisions provided by paragraph 1 of this Article,  it is compulsory to cite the source 
and authorship of the work,  in cases  where this  is possible. 
Article 81  
Partial reproduction of the work 
1. There is permitted  to be done cuts, citations  of the fragments  or of the parts  of a work  of 
copyright, without the authorization  of the author or of the holder of the copyright  and without 
remuneration, which  is lawfully  published or made available to the public, to reproduce, 
publish, communicate  to the public, for purposes of scientific  research,  teaching,  critical  
studies, illustration,  argumentation,  reference  or review,  provided that such a use is compatible  
with the fair  practice and to the extent  required  for the concrete goal to be  achieved.  
2. In all the provisions of the paragraph  1 of this Article,  it is compulsory to cite the source, 
authorship of the work, as well as the publisher and translator,  in case of a translation,  when  
this is possible. 
Article 82  
The reproduction of works permanently located in public places 
1. There is permitted  the reproduction of works, without the authorization of the author or the 
holder of the copyright and without remuneration, which  are permanently located  in the street,  
public squares,  parks or other spaces  accessible to  the public, as well  as the distribution  to the 
public of these reproductions. 
2. The works referring  to the paragraph  1 of this Article  may not be reproduced in a three-
dimensional form.  
3. Regarding the reproduction of the architectural  structures,  paragraph  1 of this Article , shall  
apply only about the exterior  view  of the architectural  structure.  
4. In the cases  provided for in the paragraph  1 of this Article,  the source and authorship of these 
copies,  shall  be shown, when  this is possible.  Page 41 of 101 Article 83  
Posters and Catalogs 
1. There is permitted  for the organizers  of public exhibits,  fairs or auctions, without the 
authorization of the author or the holder of the copyright and without remuneration, for 
purposes of promotions and to the extent  necessary  for such purposes, to display and reproduce 
posters and catalogs  for exhibitions and auctions for works of visual arts, architecture,  applied  
arts, according  to Article  8 of this law, and photographic works, which  are displayed in a public 
exhibition  or auction, or that are intended for such a display, providing that this was not 
achieved  for a direct  or an indirect  economic benefit.  
2. In the cases  of the definitions  provided in paragraph  1 of this Article , the source and authorship 
shall  be cited,  except  in cases  when  this is impossible.  
Article 84  
Transformations of works, burlesques and cartoons 
The transformation and the manipulation of the works is permitted  without the authorization of the 
author or of the holder of the copyright without remuneration if:  
a. it is a private transformation  or another internal  transformation  or manipulation,  
which  is not designed  or intended to  make it available to  the public; 
b. the work  is transformed/manipulated  into a burlesque or cartoon, to the extent  
necessary  for the intended purpose, by showing the author and the work  that has 
been  transformed;  
c. the tr ansformation  / manipulation is made for using purposes permitted  by the 
author;  
ç. the transformation /manipulation is a brief review of the works for didactic purposes, 
by citing the author . 
Article 85  
The use of works for the purpose of the equipment introducing and testing  
1. In order  to test the functioning of their products at the time of the production or sale, trading 
companies  and shops, engaged  in the manufactur ing or in the sale of phonograms, audiovisual 
recordings , or of the  equipment for their  reproduction or transmission  to the public, as  well  as 
the equipment for receiving  radio  and television  broadcasting,  may reproduce and present  
extracts  from  the works, provided that such actions  are performed  only to the extent  required  
for the testing  of these equipm ent. 
2. Reproductions and presentations for the tests,  performed  as provided by the definition s of the 
paragraph  1 of this  Article , shall  be deleted  without delay.  Page 42 of 101 Article 86  
Using the database 
1. A legal  user of a database or a copy  of a database is permitted  to operate with all using types,  
if this is necessary  for access ing the  content of databases  and its normal use. 
2. If a user  is authorized  only to a part  of the database,  he/she is  permitted  to reproduce and alter  
only that  part.  
3. Any contractual  provision contrary  to the provisions of this  article  is void. 
Article 87  
Obligations of the rights holder  
1. Where the use of a work  of copyright without the author's authorization is  granted  pursuant to  
Articles  72-78 of this law, and when  the use of the work  or access  to the work  is restricted  by 
the application  of the technological measures,  referred to in Article  154 of this l aw, the authors 
or other persons who have applied  such measures,  who are authorized or that have the capacity  
to remove them,  are obliged, by providing special  measures  or by enacting  contracts,  for 
enabl ing for the users  or their associations  the access  to such works and their use in accordance  
with the restrictions  referred  to in Articles  72 to 78 of this law. This clause  does not apply to 
the computer programs.  
2. If authors or other individuals, who, respectively,  have applied  technological  safeguards  to 
prevent access  to the work  of copyright or its use, or who are authorized and have the capability  
to remove the m, fail to fulfill the conditions of the paragraph 1 of this Article,  a person who 
claims  to be authorized by provisions of Articles  72 - 78 of this law, to use a work  without 
either  the author's authorization, or without the authorization of the author without 
compensation, may take any legal  action  against  the author or other  persons, respectively,  who 
has applied  technological measures,  or who is authorized  and has the capability  to remove 
them,  by claiming  a violation of the accessibility  of the work  of the copyright and its use in 
accordance with the restriction  mentioned in any of the Articles  72-78 of this law. The plaintiff  
must prove, through his/her legal  action , that he/she is consistent with the conditions laid down 
by Article  70 of this  Law.  
3. Notwithstanding the provisions of paragraph  2 of this Article,  the person who claims  to be 
authorized under to the provisions of Articles  72 - 78 of this Law,  to use a work  of copyright 
without either  the author's authorization, or without the authorization of the author without 
compensation payment, or the author or another person, respectively,  who has applied  
technological  safeguards  to prevent  access  to the work  of copyright or its use, or who is 
authorized or has the capability  to remove them,  may require a negotiation  procedure pursuant 
to this law, in relation  to the access  to the work  of copyright or its  use, in compliance with  the 
restriction  mentioned in any of the Articles  72-78 of this law. Mediation  shall  be implemented  
in accordance with the provisions of Article  160 of this  law. 
4. The t echnological  measures  voluntarily applied  by the holders of the rights  pursuant to this 
law, including those applied in the implementation  of the voluntary agreements  and Page 43 of 101 technological  measures , applied  in the implementation  of the measures,  referred  to in 
paragraphs 1 and 2 of this Article,  shall  enjoy  the legal  protection pursuant to Article  154 of 
this law. 
5. The provisions of paragraphs 1 and 2 of this Article  shall  not apply to the works made available  
to the public in contractual  conditions, for which  it has been  agreed  upon, in such a way that 
the members  of the public can use them  from  a place and at a specified  time determined  by 
them  individually. 
6. The holder of the rights  or the other person, respectively,  who has applied  technological 
measures  or who is authorized  or has the capability  to remove them,  in order to ensure effective  
implementation  of paragraph  1 of this Article,  must show in a clear  and distinct way the 
applicatio n of technological measures  for each copy  of the work  of copyright that is 
manufactured  or imported  for commercial  purposes, including information  on the 
technological  measure and  its effects,  as well as his/her name and  the contact  address.  
CHAPTER VIII  
SPECIAL PROVISIONS FOR THE COMPUTER PROGRAMS AND AUDIOVISUAL  
WORKS  
SECTION 1  
SPECIAL PROVISIONS FOR THE COMPUTER PROGRAMS  
Article 88  
Object of protection  
1. Pursuant to th is law, a computer program will be protected  as a work  of speech  if it is an 
individual and original intellectual creation  of the author him/herself.  The term "computer 
program" constitutes  the creation  of any form  of a computer program,  application  programs 
and operating  systems  expressed  in any kind of language,  including preparatory  design  
materials  and manuals.  The ideas  and principles, which  underlie any element  of a computer 
program, including those that underlie its interface basis , shall  not be protected  by the 
copyright. 
2. Without vi olating  the provisions of this law, if a computer program is part of a diploma or use 
model, that program  enjoys  protect ion by the legal  provisions for the protection of industrial 
property. 
Article 89  
A computer program created within the employment terms  
If a computer program is created by an employee in the execution of his/her duties or by following 
the instructions given by his/her employer, the employer is exclusively entitled to exercise all economic rights for the created program, unless otherwise provided by the contract. Page 44 of 101 Article 90  
The copyright of the computer program   
1. The author of a computer program, pursuant to  the provisions of Chapter  III, Session  2 of this  
law, shall  enjoy  the exclusive right  to forbid  or authorize: 
a. The permanent  or temporary  reproduction of a software  by any means  and form,  in 
whole or in part; this includes  the loading, display ing, operating, transmitting  or the 
storing of a software which  requires  its reproduction; 
b. The translation,  adaptation, arrangement  and any other  alteration  of a software,  and the 
reproduction of the r esults  thereof,  without infringing  in the rights  of the person who 
alters  the program;   
c. Any form  of distribution  to the public of the originals  or copies  of a software,  including 
leasing of  the originals or its  copies . 
2. The provisions of Articles  24, 31 and  72 of this  law shall  not apply to  the computer programs. 
Computer programs  will not be subject  to public lending, unless it is stipulated  in the contract.  
3. The provisions of Article  27 of this law, on the termination  of the distribution right,  will apply 
with the ne eded  alterations  for the computer programs.  
Article 91  
Exe
mptions 
1. In the absence of  specific  contractual  provisions for the actions  referred  to in sections  (a) and 
(b) of the paragraph 1 of Article  90 of this law, including the errors  corrections,  there will  not  
be required  the authorization of the right  holder, when  the use of the computer program   is 
needed  for the legitimate  buyer , in accordance with  the purpose. 
2. The making  of a backup  copy  by the person who owns the right  to use th e computer program  
shall  not be prevented  by contract,  insofar as  it is necessary  for such  a use.  
3. The person who has the right  to use a copy  of a computer program, is entitled  to observe, study 
or test the functioning of the program,  to determine  the ideas  and principles which  underlie 
the bases  of any element  of the program, without the authorization of the author, if he/she does 
so while  performing  any of the acts of loading, displaying,  operating, transmitting  or storing 
of the program.  
4.    Any contractual provision, contrary  to paragraphs 2 and 3 of this Article, shall be void. 
Article 92  
Breakdown of the code 
1. If the reproduction of the code and the translation  of its form,  pursuant to the provisions of the 
paragraphs 1 and 2 of Article  90, are required  to obtain  the information  necessary  to achieve  Page 45 of 101 the intercommunion of a program, independently created  of other programs,  the authorization 
of the holder of the right  will not be necessary,  provided that: 
a. these actions  must be carried  out with authorization for use, or by another  person  who 
has the right  to use a copy  of the program,  or by a person authorized to perform  this 
action  on his/her behalf;  
b. the information  necessary  to achieve  the intercommunion  has not previously been  
available to  the persons referred  to in paragraph  ‘”a” of this  Article;  
c. these actions  are limited  only to those parts  of the original program  which  are necessary  
to achieve the intercommunion. 
2. The information  obtained pursuant to the provisions of the paragraph  1 of this Article,  may 
not: 
a. be used for other purposes except  to achieve the intercommunion of the computer 
program independently created;  
b. be transferred  to other persons, except  when  it is necessary  to achieve the 
intercommunion of the independently created  program ; 
c. be used for the produc ing, develop ing, or marketing  of another program , substantially  
similar  in its essence,  or for any  other action  that infringes the copyright. 
3. The provisions of this section  must not be interpreted  in such a way that their application  to 
prejudice the legitimate  interests  of the holders of the rights  over the work, or to impede the 
normal use of the computer program.  
4. Any contractual  provision, contrary  to the provisions of this  Article,  is null. 
Article 93  
Special measures of protection  
A violation of rights o n a computer program constitutes, in particular: 
a) Any act of distribution  of a computer program  copy,  having  knowledge of or having reason  to 
believe that  it is an illegal copy;  
b) The possession  of a copy  of a computer program for commercial  purposes, having knowledge 
of or having reason  to believe that  it is an illegal copy;  
c) Any act of distribution  or possession  for commercial  purposes of any mean,  the sole purpose 
of which  is to remove or bypass  without authorization the technical  devices,  which  serve as 
protection of a computer program.  
 Page 46 of 101 Article 94  
The implementation of other legal provisions 
The provisions of this Law concerning the protection of computer programs and of the other 
copy rights , and related rights , do not violate other legal provisions, such as those rights governing 
the protection of inventions of patents, trademarks, the protection of the designs and topographies 
of semiconductor products, utility models, conditional access , the access to services of cable 
broadcasting, the protection of national treasures, legal deposits requirements , the l aws on 
restrictive practices and unfair competition, security, confidentiality, data protection of privacy and access to public documents. 
SECTION 2  
SPECIAL PROVISIONS FOR AUDIOVISUAL OR CINEMATOGRAPHIC WORKS  
Article 95  
Audiovisual works  
Pursuant to this law, the audiovisual works are the cinematographic films, TV movies, animated 
movies, commercials or other films, shorts music al videos, documentaries, as well as other 
audiovisual works expressed by sequences of crosslinked moving images, with or without sound, 
regardless of the type of the device on which they are fixed. 
Article 96  
The right of audiovisual adaptation 
1. The right of the audiovisual adaptation is the exclusive right of the author of an existing work 
of copyright to transform into an audiovisual work. 
2. The transfer of the right provided for in the paragraph 1 of this law, shall be authorized only on 
the basis of a written  contract, distinct from the editing contract  of a work , between the copyright 
owner and the producer of the audiovisual work.   
3. The producer of an audiovisual work is the natural or legal person, who takes the responsibility 
for produc ing the work, and provides the necessary technical and financial resources for its 
materialization , pursuant to the terms of the contract.  
4. Unless otherwise provided for in the contract, in the contract of the audiovisual adaptation, 
agreed between the author of a previously existing work and the film manufacturer/ producer, it 
will be provided that the right of transforming and inclu ding of the original/existing work in to an 
audiovisual work, the economic rights on this audiovisual work, on its tra nslations, a udiovisual 
transforming  and on the photographs made about of the produc ing of the audiovisual work, will 
be exclusively transferred and without limitations to the latter (the film manufacturer/produce r). 
5. Regardless the provisions of the paragraph 3 of t his Article , the author of the adapted work will 
hold: Page 47 of 101 a. the exclusive right of the new audiovisual adaptations of the adapted work, a right which 
he may exercise after passing of twenty years, following the conclusion of the contract, 
referred to in paragraph 1 of this Article; 
b. the exclusive right to further alternations of the audiovisual work in any other artistic form; 
c. the right for a fair remuneration from the film producer for each rental of a videogram 
which contains the audiovisual work.  
6. The author of an adapted  work can not waive the right referred to in paragraph 5 of this Article. 
Article 97  
The audiovisual works c o-authorship  
1. The following persons will be recognized  as co-authors of an  audiovisual work: 
a. the principal director  who  will be considered  as the author of the work  or as  one of the 
authors; 
b. the author of the screenplay  (screenwriter);  
c. the author of the dialogues;  
ç.  the composer of the musical work (with or without text), specifically created for the 
audiovisual work; 
d. the author of the work  adaption ; 
dh. the director of photography. 
2. If a drawing  or an animating constitutes  a key element  of the audiovisual work, the principal 
creator  of the drawing  or animation  will be considered  as co-author of this  work. 
Article 98  
Authors of the  contribut ion to audiovisual works  
A creator of the animation (animator) or a drawing and a music composer of the film, who are not 
considered the co -authors of an audiovisual work pursuant to Article 97 of this l aw, a 
scenographer, a costume designer, a make-up designer and an editor, shall  have the copyrights on 
their individual contributions to the work (authors of the contributions ). 
Article 99  
1. The contract  of an audiovisual production   
1. A contract  of an audiovisual production regulates  the relationship  between  the film producer, 
the co-authors of an audiovisual work  and of the authors of the contributions, as well as the 
relations  between  the authors of an  audiovisual work. Page 48 of 101 2. Unless  otherwi se provided by the contract,  it will be considered  that the authors and co-authors, 
by the film production contract,  as having transferred  to the film manufacturer  (producer),  
exclusively  and without limitations,  all their economic rights  on the audiovisual work, on 
translations , audiovisual transformings  and on the photographs made about of  with  this act. 
3. Unless  otherwise provided in the contract  of the audiovisual production between  the film 
producer and the authors of the contributions, the film manufacturer  (producer) shall  be 
deemed  to gain  all the economic rights  of the such authors, to use their contributions to the 
extent  necessary  to fulfill  the purpose of the contract.  
4. Notwithstanding the provisions laid  down in  the preceding  paragraphs of this Article: 
a. the co -authors retain  the exclusive right  for the further transformation  of the audiovisual 
work  in another artistic  form;  
b. the authors of contributions retain  the right  to use individually/separately their 
contributions to the audiovisual work, provided that such use does not infringe  the rights  
of the film producers; 
c. the co-authors retain  the right  for a fair compensation  from  the film manufacturer  
(producer) for each  rental  of videograms of the audiovisual work. 
5.  Th e  co-authors and authors of contributions to an audiovisual work  cannot waive the rights  
provided for in  paragraph  4 of this  Article.  
Article 100  
Revenues deriving from the utilization of the audiovisual works 
1. The co-authors of audiovisual work  are entitled to a remuneration for any way of use of the 
audiovisual work  of copyright, which  is calculated  proportionally to its total incomes, except  
when  otherwise agreed.  
2. The film producer should at least once a year  to send to the co-authors of the audiovisual work  
a report  on the generated  revenues/income,  in particular  on any authorized  form  of the work  
utilization.  The authors receive  the remuneration from  the producer, or from  the users  or by 
the collective  managemen t agency,  based  on the agreements  made between  them.  
Article 101 
Completion  of the  audiovisual work  
1. The audiovisual work  shall  be considered  as completed  when, upon an agreement  between  the 
principal director  and the film producer, the first standardized  copy  of the work,  which  is object  
to the contract,  is realized.  
2. The original copy,  where  the final version of the work  is materialized,  referred  to in the 
paragraph  1of this  Article , it must not be destroyed. Page 49 of 101 3. Any alteration  of the copy  of the audiovisual work, referred  to in paragraph  1 of this Article,  
shall  be permitted  only after a preliminary  agreement  concluded between  the film manufacturer  
(producer) and  the principal director.  
4. When  any of the co-authors refuses  to complete  his/her contribution to the audiovisual work, 
or when  he/she is unable to do so due to a force  majeure,  he/she will not oppose the use of 
his/her  contribution done until then for the purposes of the completion  of this work. The author 
in question shall  have the respective rights  of the copyright, due to the contribution he/she has 
already  given. 
Article 102 
The termination  of contract  
1. If the producer does not complete  the audiovisual work  within  five years  from  the date of 
signing  the contract  for the production of the film,  or if he/she does not distribute  the completed  
audiovisual work  within  a year from  the time of its completion, the co-authors  are entitled  to 
require  the cancellation  of the contract,  unless otherwise provided in  the contract . 
2. In the case referred  to in the paragraph  1of this Article , the co-authors and the authors of the  
contributions retain  the right  of compensation for the caused  damage,  respectively  on each 
element  of the audiovisual work. 
3.  
PAR
T III 
RELATED  RIGHTS  
Chapter  I 
GENERAL  PROVISIONS  
Article 103 
Independence of the  protection  of copyrights and related  rights  
1. The protection provided by this Law on the related  rights  shall  not in any way violate  the 
protection of copyrights of the author on their works.  Therefore,  no provision of this section  
shall  be interpreted  in such  a way  as to restrict  the exercise of copyright. 
2. The property rights , provided for in this section , may be transferred  to the others, partially or 
as a whole, accor ding to the provisions of this law for the transfer  of property  rights  of the 
author, which  apply with  ‘mutatis  mutandis’ also  for th ese rights.  
3. The protection of copyrights and of the different  categories  of related  rights  are independent 
of each other, in the sense  that, when  the same natural  or legal  individual is the holder of more  
than one category  of rights, unless otherwise provided by this law, he/she enjoys  and may 
exercise those rights  independent from  each  other. Page 50 of 101 4. Any agreement  for the transfer  of property  rights  in an exclusive form  is filed,  registered  and 
certified  by the Copyright  Directorate. 
Article 104 
Informal protection  of related  rights  and the  presumption  of protection  
1. For the acquisition  and exercise of related  rights there is no formality  required. Unless  
otherwise proved, the individual, natural  or legal  person, whose name  appears  on the fixing  
of an performance/execution , phonogram, in the first fixing/registration  of a film,  
fixing/recording  of a broadcast  or in a database, is respectively  considered as the 
performers/executors , the producer of the phonogram, the producer of the first 
fixation/registration  of the film, the br oadcaster  or the author of the database.  
2. In order to their rights  citing  and distributing of the authorized copies  of phonographic records  
or of any other  similar  devices  used for the reproduction of sounds or voices,  where  an 
authorized work  is recorded,  the producers of the phonograms and performers  and/or the 
executor  must obligatory put a note on each copy  of the phonogram or in each phonogram 
envelope which  contain  the following elements:  
a) Capital  / large  circled  P letter   (P);  
b) the name of the holder of the exclusive related  r ights; 
c) the year of the phonogram first  publication; 
ç)   the authorization from  the holder of copyrights and  related  rights;  
d) the title  of the work; 
dh) the artistic  stamp  of the Copyright Directorate , unconsumed;  
e)  the name of the interpreting and/or performing  artist,  as well  as the artistic  name,  in the 
cases  when  orchestral  or choral  groups are identified.  
3.  For the exercise  of the distribution  right  pursuant to this section,  it is obligatory that a copy  of 
the phonographic device or of other similar  one with it, for the reproduction of the sounds or 
voices,  to be deposited in  the Copyright Directorate. 
Article 105 
The Protection  Term s of the Related  Rights  
1. The provisions for the terms  of the author’s moral  rights,  shall  apply with necessary  alterations,  
to the personal non- property  rights  of the performers/executors . 
2. The term for the protection  of the performers/executors  property  rights shall  be 50 years,  
following the date of the interpretations.  However:  Page 51 of 101 a. if the fixing  of an interpretation  and/or performance, except  when  the fixing  is on the 
phonogram, published or transmitted  or legally  broadcasted,  or is transmitted  to the 
public or is made  interactively  available  to the public within  this period, the  protection 
term shall  be 50 years  from  the date that marks  the first time of this publishing, 
broadcast ing, transmitting,  or making it interactively  available to the public,  whichever  
of these ones was  made the first ; 
b. if the fixing of an performance and/or execution  in a phonogram, is legally  published, 
broadcasted,  transmitted,  or is interactively  made  available to the public within  this 
period, the   protection term shall  be 70 years  from  the date of the first legal  publishing, 
broadcasting,  transmitting,  or making it interactively  available to the public,  whichever  
is the earlier  date; 
3. The protection term for the rights  of the phonograms producers ends 50 years  after the fixation  
of the phonogram. If, within  this period, the phonogram is legally  published, the right s in 
question end after 50 years  from  the date of the first legal  publishing. If within  this period there  
is done no any legal  publishing and if the phonogram is legally  transmitted  to the public within  
this period, the rights  in question end 50 years  after the date of the first legal  transmission  to 
the public. 
4. The protection term for the rights  of producers of the first fixations  of films  and phonograms 
ends 50 years  after the first fixation.  If during  this period, the film is legally publis hed, 
broadcasted , transmitted  to the public, or it is legally  made available to the public in an 
interactive  way, the rights  end from  the date that marks  the first time of this publishing, 
broadcasting,  transmitting  to the public, or interactively  making  available  to the public, 
whichever  of these ones  was made the first. 
5. The protection term of the rights  of the media  service providers end 50 years  after the first 
transmission  of broadcast ing, if this transmission  is performed  by wire or wireless,  including 
the cable or satellite  transmission.  
6. The protection term of the publishers rights  end 50 years  after the date of the first legal  
publication of the work. 
7. The protection term provided in paragraphs 2 to 5, is calculated  as from  January  1 of the 
consecutiv e year of the year when  has occurred  the event , which  is taken  as a basis  for the 
calculation.  
8. Paragraph  8 of Article  41 of this law applies  with necessary  alterations , for the protection terms  
of the related  rights.  
Article 106 
Res
trictions  on related  rights  
Except  when  otherwise provi ded by this law, the provisions of Chapter VII of this Law,  on the 
restrictions  relating  to copyright  apply  mutatis  mutandis to  the related  rights.  Page 52 of 101 CHAPTER II  
RIGHTS  OF PERFORMERS  / EXECUTORS  
Article 107 
Interpreting/Performing  Artist  
According  to this law, "the performers /executors " are the actors, singers, musicians, dancers, 
directors of orchestras or of choirs and other persons who present, act, sing, recite, play, interpret, 
run a n orchestra or otherwise perform literary or artistic works, a show of any kind including forms 
of expression of folklore, varieties, circus performances or puppet shows.  
Article 108 
Non-Property  Rights  of the  Performers/Executors   
1. Performers/executors  have the following personal  non- property  rights:  
a. the right  to claim  the recognition of the authorship of his/her interpretation; 
b. the right  to require his/her name  or pseudonym to be mentioned in public performances  
or in the transmitting  or fixing  a work  in a phonographic recording,  film,  in another 
audiovisual works device  or in  any other product similar  to them;  
c. the right  to require  the observance of the quality of his/her interpretation/presentation  
and to oppose any misrepresentation,  falsification  or other substantial modification  of 
his/her performance, or any infringement of his rights , which  could harm  his honor or 
reputation. 
2. The rights  provided in paragraph  1 of this Article,  shall  not be an object  of waiving of the 
interpreters  and/or performers.  After  the death  of the  performers/executors , the rights  provided 
in this Article  are inherit ed, in accordance with Civil Code of the Republic of Albania for an 
unlimited  period of time.  
Article 109 
Exc
lusive Property  Rights  of the  Performers/Executors  
1. The performers  /executors   have the exclusive right  to authorize or prohibit: 
a. The registration  of their  performances  and/or executions ; 
b. The reproduction of the phonogram or videogram  with the content of their performances  
and/or executions ; 
c. The distribution  of the phonogram or videogram with the content of their performances  
and/or executions ; Page 53 of 101 ç.   The rental of a phonogram or videogram with the content of their  performances and/or 
executions ; 
d. The lending of phonogram or videogram with the content of their performances  and/or 
executions ; 
dh. The import of the phonogram or videogram with the content of their  performances and/or 
executions , for commercial purposes in the domestic market; 
e. The broadcasting  of the interpretations/performances  and their transmitting  to the public, 
pursuant to the provisions of Article  29, letter  ‘c’, ‘ç’, ‘d’, ‘dh’,  ‘ë’ of this law, except  
when  the interpretation /performances  has been  previously fixed  or broadcasted.  If the 
registration/fixation  has been  fixed  on a phonogram or a videogram, the 
performer/executor   has the right  to a common and fair  remuneration , for the other 
broadcastings  and transmitting  to the public of hi s/her  performance/or execution . The 
common and fair remuneration, referred  to in this section  of this Article,  consists of the 
remuneration  received  by the user of phonograms that belongs to the 
performers/executors  and to the phonograms producer. 
ë.   Cable retransmi tting of the ir performances and/or executions;  
f. The availability  in interactive  way of the fixations  of their performances  and/or 
executions   
2.   Fixation (or registration), under this l aw, it mean s the embodiment of sounds, images,  or both 
of them, or their presentations , where a creation can be obtained by them, which is perceived, 
reproduced or transmitted through a device. 
3. In the case of a collective  performance/execution  of the same performance,  the authorization 
for the actions  referred  to in paragraph  1 of this Article,  may be given  by the representative of 
the performer/executor that  take part in this show. The representative of the 
performers/executors acquire the right  of representation  through the written  consent, 
respectivel y, of the majority  of the members  of the band, choir, dancing  or theater  troupe, via 
the members  of an orchestra or other  similar  ensembles . The provisions of this paragraph are 
not appl ied for the soloists,  conductors and  directors  of the theatrical  shows. 
4. The provisions on the distribution  right  and rental  right  of the authors are appl ied, mutatis  
mutandis , also for the rights  of the performers/executors . Regarding  the exercise of the cable  
re-transmission  right  of the performers/executors , it is applied  Article  27.  
5. Pursuant to Article  31/1 of this law, the performers/executors  have the right  to a fair 
remuneration  for the reproduction of the works of copyright, for private or other personal use.   
6.  Except  when  otherwise defined  in the production contract  (audiovisual production), the 
performers/executors  that participate  in the production of an audiovisual work  or in the 
recording  of various phonograms, are presumed  to transfer , exclusively  and without limitations  
to the film producer, all  economic rights  of their  performance.   Page 54 of 101 7. For any economic right  that is transferred,  according to paragraph 6 of this Article,  the 
performers/executors  are entitled  for benefiting  a fair remuneration  from  the film manufacturer 
(producer. 
8. The performers/executors  cannot waive the right  provided in  paragraph 6 of this  Article.  
Article 110 
The use of performing  for the audiovisual w ork completion  
In cases  when  any performer/executor  refuses  to complete  his/her contribution on an   audiovisual 
work  or in impossibility  to do so, due to force  majeure, he/she may not object  the use of his/her 
contribution, which  he/she has already  made, for the purpose of the completion  of this audiovisual 
work. The performers/executors  in question shall  have the respective rights  for the contribution 
he/she has  made.  
Article 111 
The interpretation  and/or the  execution  pursuant  to the terms  of an employment  contract   
In the case of a performance  and/or execution  performed  by the performer/executor  under the 
conditions of an individual contract  of employment,  the economic rights  provided in Article  109/1 
of this law, may be transferred  to the employer,  provided that any transfer to be explicitly  
mention ed in the individual contract  of employment.  The provisions of this law on the works 
created  under employment relationship , are appl ied, mutatis  mutandis , also for the rights  of the 
interpreters  and/or performers . 
 
CHAP
TER III  
RIGHTS  OF THE  PHONOGRAM  PRODUCERS  
Article 112 
Meaning  of the  phonogram  and its  producer 
Pursuant to  this Law,  the following terms  have this  mean ing: 
a) A “phonogram” is  the fixation of the sounds of a n performing/executing , of other sounds , 
or of the presentations of the sounds in another form , except that one of the fixation 
incorporated in an audiovisual work; 
b) “The phonogram producer” is the natural or a legal person who takes the initiative and has 
the responsibility for the first fixation of the sounds of a performance , of other sounds, or 
of the representations of the sounds in another form. Page 55 of 101  Article 113 
The exclusive rights  of the  phonograms producer  
1. The provisions of Article  27 apply also (mutatis  mutandis)  for this right  of the phonograms 
producers. For the exercise of the re-transmission  via cable right  of the phonograms producers, 
it is applied  the letter  “e” of Article  29. 
2. Producers of phonograms shall  have the exclusive right  to authorize and prohibit the following 
actions:  
a) The reproduction of their  phonograms; 
b) The distribution  of their  phonograms; 
c) The rental  and public lending of their  phonograms; 
ç)   The cable re-transmission of their phonograms;  
d) Making available  to the public in  an interactive  way  of their  phonograms. 
3.  The phonograms producers have the right  to a fair remuneration for the reproduction of the 
works of copyright for private or other personal  use, according to  Article  31/1 of this  law. 
Article 114 
The right to  common  remuneration  for broadcasting and communication  to the public of the  
phonograms 
1. In the case of the broadcasting,  or for any other  communication  to the public of the 
phonograms , made public for commercial  purposes, in accordance with the provision laid 
down  in Article  109, paragraph  1/e of this law, the user have  to pay a shared  and fair 
remuneration  to the phonograms producers, for any communication  to the public of the 
phonograms. 
2. The phonogram producer shall  pay half of the remuneration  mentioned in the preceding  
paragraph, to  the performers  and/or executor s because of the use of their  performances  and/or 
executions  that are fixed  in phonograms, unless a different  distribution  is determined  by 
contract  between  the producers  of phonograms and  the performers  and/or executors . 
3. For the purposes of this Article,  the phonograms made available to the public by wire or 
wireless , in such a way that the public can access  it from  a place and at a time individually 
chosen  by them,  these phonograms will be considered  made public for commercial  purposes. Page 56 of 101 Article 115 
Special  provisions on the  rights  of the  performers  and/or executors  and phonogram producers, 
whose term  of protection has expired  
1. When  70 years  after the first fixation  of the phonogram, whether  made legally  public or not, 
and 70 years  after it has been  transmitted,  communicated  to the public or has been  interactively  
and legally  available  to the public, the phonogram producer does not offer  for sale a sufficient  
number of copies  of the phonogram, or that does not make it available to the public in an 
interactive  way,  the performer and/or executor  has the right  to terminate  the contract,  by which  
he/she has transferred  the rights  on the fixation  of the performance and /or execution  to the 
phonogram producer. 
2. Before  the termination  of the contract  referred  to in paragraph 1 of this Article,  the performer  
and/or executor  will notify the phonogram producer that he/she (the latter)  will provide a 
sufficient  number of phonogram copies  for sale, for reasonable needs  of the public, and make  
it available to the public within  a period  of one year from  the date of receipt  of the written  
notification  of the performer  and /or executor . 
3. The p erformer and /or executor  cannot waive the right to terminate  the contract  referring  to 
paragraph  1 of this  Article . 
4. If a phonogram incorporates  the fixation  of the interpretation  of many  performers  and/or 
executor s, they could terminate  the contract  on granting of the right  to use the ir performance  
and/or execution , fixed  in a phonogram, in  accordance with  Article  109/3 of this  law. 
5. If a performer  and /or executor  has terminated  the contract  of granting the right  to use the 
performance and/or execution , fixed  in a phonogram, in accordance with paragraph  1 of this 
Article,  the rights  of the phonogram producer on this  phonogram, will end  after 70 years  from  
the date of the first legal  publication of the phonogram or from  the date of the lawful  
communication  to the public.   
6. If, on the basis  of a contract  between  the performer and/or executor  of a phonogram   and the 
phonogram producer, the performer and/or executor  of the phonogram   is entitled  to claim  a 
sporadic remuneration, then the performer and/or executor  is entitled  to an additional 
remuneration  from  the phonogram producer for every year,  up to 50 years  from  the date of the 
first legal  publication or from  the date of the lawful  communication  to the public, if the 
producer has  not published the phonogram ac cording  to the contract.   
7. The p erformer and/or executor  cannot waive the right  to receive the annual  supplementary 
remuneration. 
8. The amount set by the phonogram producer for the payment of the annual  supplementary 
remuneration  provided for in section  6 is calculated  20% of the previous year incomes, that 
have been  gained  from  the producer as a result  of the reproduction, distribution  and the making 
available to the public of the phonogram in question 70 years  from  the date of making it 
lawfully  public, or in the absence  of this publication, 70 years  from  the first legal  broadcasting,  
the legal  communicating  to the public or the making  available to the public in an interactive  
legal  way . Page 57 of 101 9. The phonogram producers give a guarantee to the performer and/or  execut or, for their 
interpretations  and/or their executions  respectively , for the right  to benefit  an annual  
supplementary remuneration with all the necessary  information  needed  for benefiting  of the 
fair remuneration , according  to paragraph  6 of this Article .  
10. The right  to profit  the annual supplementary remuneration  provided in Article  6, is 
administered  by the Collection  Administration  Agency. 
11. In the case when  the performer  and/or executor  is entitled  to a periodic remuneration, the 
advanced  payment is not appl ied and the deductions specified  by the contract  are not held, 
starting  from  the 70th year of the legal  publishing, or in the absence of this publication, from  
the 70th year of the first legally  broadcasting , or legally  making  it public, or making available  
to the public in  an interactive  legal  way . 
CHAPTER IV  
THE  RIGHTS  OF PRODUCERS  OF THE  FIRST  FIXATION OF  FILMS   
Article 116 
The rights  of the  films  first  fixations producers  
1. The producer of the films  first fixations  the natural  or legal  person or entity  who in its own 
name and on its own, or on someone else's  account,  organizes and manages  the production of 
an audiovisual work, and  is responsible for its  completion.  
2. The producer of the films  first fixations  has the exclusive right  to authorize or prohibit the 
following actions in  relation  to the original or of the copies  of their  films: 
a. the reproduction of their  films;  
b. the distribution  of their  films;  
c. the rental  and the public lending of the copies  of their  films; 
ç.   m aking available to the public in an interactive way of their films; 
d. the public presentation  of their  films; 
3. Article  27 applies,  mutatis  mutandis, to the producers rights  to distribute  the first fixations  of 
the films.  
4. Pursuant to  this chapter:  
a. A "film or videogram" shall  be: 
i)         The first fixation of what is qualifie d as audiovisual work; 
ii) Any sequence of images in motion, accompanied by a sound or not, that in the 
absence of the originality , is not qualif ied as an audiovisual work; Page 58 of 101 b. "The  first fixation  of a film"  is the ultimate  form  of the film that can be served  for using 
by the public. 
5. The film producers have the right  to a fair remuneration  for the reproduction of copyright 
works for private  or other personal use,  pursuant  to Article 31/1 of this  law. 
6. The related  rights  of the producer of the film first fixation  and the copyright, the holder of 
which  is the producer of the film first fixation,  are implemented  in parallel   and  independently 
from  one another, as when  the film first fixation  is qualifie d as an audiovisual work, as well as 
for the copyright holder of the audiovisual work. 
CHAPTER V 
RIGHTS  OF THE  AUDIOVISUAL  MEDIA  SERVICE  PROVIDERS  (AM SP) 
Article 117 
The rights  of the  media  service providers  
1. Media service providers have the exclusive right  to authorize or prohibit the following acts that 
deal with: 
a)  fixing  of their broadcasts,  whether  these broadcasts are transmitted  by wire or wireless,  
including cable or satellite  broadcasting; 
b) the reproduction of their  broadcasts  fixations ; 
c) the distribution  of their  broadcasts  fixations ; 
ç)   the re-transmission of their broadcasts by wire or wireless ;  
d) the communication  to the public of their  broadcasts  in countries where a fee  is required; 
dh) making available to the public in an interactive way, of the ir of their broadcast  fixations . 
2. Article  27 applies,  mutatis  mutandis, to the distribution right  of the broadcasting  fixation  of 
the audiovisual media  service providers. 
3. A digital network  operator, which  merely  retransmits  by cable system  the broadcast  of the 
audiovisual media  service providers, will not be considered  audiovisual media  service 
provider,  under the provisions of this  chapter.  
4. The rights  referred  to in paragraph  1 of this Article  cannot be transferred , in an exclusive or 
non-exclusive form , without respecting  the right s of the creative  authors, performers  and/or 
executors,  and the film producers. Page 59 of 101 CHAPTER VI  
THE  RIGHTS  OF THE  PUBLISHERS  
Article 118 
The right  to remuneration  
Publishers have their right  to reasonable remuneration  for any reproduction of their written  
publications for private personal  use or other personal use, equivalent  with the author’s right  for 
remuneration, as  provided in  Article  31, paragraph  2 of this  law. 
 PART  IV 
THE  PROTECTION  SUI  GENERIS  OF THE  DATABASE  PRODUCERS  RIGHTS  
Article 119 
The object  of protection 
1. A database shall  mean  a collection  of independent works, data or other  materials  of any form,  
that have been  arranged  in a systematic  or methodical  way and that are individually accessible 
by electronic means  or through other  ones, where the safety , verification  or the presentation  of 
their contents, requires  a substantial qualitative  and/or quantitative  investme nt. 
2. A producer of database is a natural  or legal  person  or entity  who takes  the initiative  and the 
risk of investments referred  to in paragraph  1 of this  Article.  
3. The protection  of the database or of its contents, is appl ied irrespective  of their protection by 
the copyright or other rights. The inclusion of a material in a database and its use shall  be made  
without violating  the existing  rights  in relation  to that material.  
Article 120 
Sc
ope of protection  
1. The protection of the databas e pursuant this  section  is appl ied: 
a. to the whole of the database content, 
b. for any substantial qualitative  or quantitative  part of its  content, 
c. for the qualitative  and/or quantitative  insubstantial parts  of a database,  when  these parts  
are repeatedly  and systematically  used, something that  would be in  conflict  with  a 
normal exploitation  of that  database or  when  the legitimate  rights  of the database 
producer of  are violated  in an unreasonable way . 
2.  The protection, pursuant to  this Article,  is not applied  for the computer programs,  used  in the 
building or operation of the electronic databases.  Page 60 of 101 Article 121  
The copyright of the database 
1. The producer of a database has the exclusive right  to authorize or prohibit the extraction  and/or 
reuse of the entire  database or a substantial part  of it, evaluated  qualitatively  or quantitative ly. 
2. For the purpose of this  Article,  the following  terms  have these mean ings: 
a. "Extraction"  is the temporary  or the permanent transfer to another medium of all the 
database content or of a part of it, by  any means  or in any form.  
b."Re use" is any form  of making availab le to the public of all the database content or of a 
substantial part of it, via the reproduction and distribution  of copies,  via the renting of 
the right  for making available  to the public of the database content, and through any other 
form  of communicating  to the public of the database.  The first sale of the database copy,  
within  the territory  of the Republic of Albania,  by the right  holder or by his consent, 
terminates  the control right of the resale of  that copy. 
3. Public lending is  not an  act of extraction  or re -use. 
Article 122  
Repeated and systematic actions that are relate d to insubstantial parts of the databases 
The repeated and systematic extraction and/or re use of insubstantial parts of the database content , 
are considered as actions that conflict with a normal exploitation of the database or that 
unreasonably infringe the legitimate interests of the database producer, and as such are not allowed.  
Article 123 
The rights  and obligations of the  legitimate  users  of databases 
1. The producer of the database which  is made in any way available to the public, cannot forbid  
the legitimate  user of the database to extract  and/or reuse insubstantial parts  of the database 
content, evaluated  qualitatively  and/or quantitatively,  for any  purpose. If  the legitimate  user is 
authorized to issue  and/or the reuse only certain  parts  of the database,  this section  is applied 
only to  those parts.   
2. The legitimate  user of the database that is made available to the public in any way,  cannot 
perform  actions that are contrary  to the normal use of the database, or prejudice unreasonably 
the legitimate  interests  of the database producer. 
3. The legitimate  user of the database, that is made in any way available to the public, cannot 
violate  the holder of the copyright or related  rights in relation  with the protected  works or 
objects , included  in the database.  
4. Any contractual  provision that  is inconsistent with  this Article  is void. Page 61 of 101 Article 124 
Exceptions  to the rights  of the  databases producers    
The legitimate  users  of databases  which  are made in any way available to the public, may extract  
or reuse essential  parts of the content of this  database,  without the authorization of its  producer  : 
a. in the case of the extract ing of the content of the non- electronic database, for personal  
purposes, in  accordance with the provisions of Article  72, of this  law; 
b. in the case of the extraction  for the purposes of illustration  for teaching  or scientific  
researches , provided that the source should be cited,  and it should be at the extent   that  
justifies  the non- commercial  purpose to be achieved,  in accordance with the provisions of 
Article  71 of this  law; 
c. in the case of the extraction  and/or the reuse for the purposes of the public security  or of 
an administrative  or judicial proceeding; 
Article 125 
The term  of protection  for the  rights  of databases producers   
1. The rights  of a database producer are protected  from  the date of the completion of the database 
until the end of the 15-th year,  which  is calculated  from  January  1-st of the year following the 
completion  date.  
2. In the cas e of a database,  which  is made in any way available to the public before  the end of 
the period provided in paragraph  1, the term of protection of the right  of database producer 
expires  after 15 years,  which  is calculated  from  January  1-st of the year following  the date when  
the database was first made available to  the public. 
3. Any substantial change,  qualitatively  or quantitatively  evaluated,  of the database  content, 
including any significant  changes  arising  from  the collection  of additions, deletions or from  
the consecutive changes , that would bring as a result , a database that is considered  as a 
substantially  new investment, qualitative ly and quantitative ly evaluated , qualifies  the database  
resulting  from  this investment for its  own  term  of protection.  
Article 126 
Beneficiaries  of the  protection of the  databases producers rights    
1.  The right  provided in  Article  121 of this  law,  is applied to  databases,  the producers or holders 
of the rights  of which  are citizens  of the Republic of Albania or resident in the Republic of 
Albania.  
2.  The right  provided for in Article  121 of this law, is also applied to commercial  entities , 
established  in accordance with the legislation  for the establishment and organization of the 
commercial  companies  in the Republic of Albania, and have their headquarters or basic place  
of the business activity,  within  the territory  of the Republic of Albania.  However,  when  this Page 62 of 101 commercial  entity  or company  has only the office  registered  in the Republic of Albania,  it 
should conduct its  ongoing activity  in this territory  
3. Agreements  that extend  the right,  provided in section  121 of this law, to the databases  that have  
been  created  in the third  countries and which  are not object  of the provisions of paragraphs 1 
and 2 of this Article,  are protected  pursuant an international treaty,  where the Republ ic of 
Albania is  party.   
4. The term of any protection that includes databases  created  in third  countries, does not exceed  
the term  provided in  Article  115 of this  law. 
PART  V 
THE  ADMINISTRATION OF  COPYRIGHT  AND RELATED  RIGHTS  
General  provisions 
Article 127 
The management of the  copyright and related  rights  
1. The copyrights may be administered  separately  in an individual way for each work  of copyright, 
or by the provisions of this l aw, they can be administered  together in a collective  way, by 
collective  management  agencies,  for a number of  works of several  authors simultaneously. 
2. The provisions of this  section  for copyright are  applied  mutatis  mutandis  to related  rights.  
Article 128 
Act
ivities  of the  copyright  and related  rights  management 
1. The management  of copyright  and related  rights  includes  the following  tasks:  
a. Granting of the authorization for use of the object  of copyright and related  rights,  object  
of protection,  when  this authorization is  provided by  law; 
b. The collection  of remuneration for use of  the object of protect ion; 
c. The distribution  of the collected  remuneration of the right  holder; 
ç.   The Control of the use of the object of protection; 
d. The initiation  and advancement  of the procedures  of protection in cases  of violation  of 
the administered  rights. 
2. Administration  of rights  may include all  or some of the activities  described in  paragraph  1 of 
this Article.   Page 63 of 101 Article 129 
The individual  administration of the  rights  
1. The administration  of the rights  related  with the use of a specific  material,  object  of protection, 
is carried  out by the right  holder him/herself,  or through his/her representative according  to the 
contract  between  the right  holder and  the user.  
2. The duties of an authorized representative may be performed  by an attorney as well as by the 
collective  management  agenc ies. 
Article 130   
Collective  management of the  rights  
1. The collective  administration  of copyright may  include: 
a. the right  of public performances,  the right  of communication to the public, the right  of 
communication  to the public of a fixed  work, the right  of broadcasting,  the right  of re-
transmission,  the right  of communication  to the public of the broadcast  and the right  to 
make available to  the public, non- scenic works,  musical  and literary  ones ; 
b. the reproduction right  (audio recording)  of musical  works; 
c. the distribution  right , including the right  for renting and the right  to remuneration , 
pursuant to  the provisions of this  law; 
ç.   the remuneration right for public lending; 
d. the reselling  right  of the original works  of art  that are going to  be resold; 
dh. the remuneration r ight for the reproduction of the work for private or personal use  
purposes; 
e. the remuneration  right  referred  to in Article  76 of this law; 
ë.   the remuneration right for communicating to the public of the folk literature and artistic 
works; 
f.   the re -transmission  right  of the audiovisual works.  
2. The collective  administration  of the performers  and/or interpreters  rights  may  include:  
a.  the right  of communication to the public of a fixed  performance and the broadcastings  
of videograms and  fonograms; 
b. the right  of public presentation  of a fixed  performa nce; 
c. the right  of broadcast ing and re-transmitting  of a fixed  performance;  
ç.   the right of making a fixed performance available to the public; Page 64 of 101 d. the right  of renting  the fixed  performance and the right  to remuneration  as referred  to 
section  2 of Article  28 of  this law; 
dh. the remuneration right for public lending of the fixed performance; 
e.  the remuneration right  for reproduc ing the fixed  performance  for private and personal 
use. 
ë.   the right to annual supplementary remuneration referred to in Article 115 of this l aw. 
3. The collective  administration  of the rights  of the phonograms producers may  include: 
a. the right  of mak ing the  phonogram available to  the public; 
b. the right  to remuneration  for the broadcast ing and comm unicating the phonograms to the 
public; 
c. the right  of renting  the phonogram; 
ç.   the right of lending the phonogram to the public; 
d. the right  to remuneration  for reproduc ing the phonogram for private  purposes or personal 
use. 
4. The collective  management  of the rights  of the films  producers  may  include:  
a. The right  to remuneration  for public lending of videograms; 
b. The right  to remuneration  for reproduc ing a videogram for private  purposes or personal 
use. 
5.  The collective  management  of the publishers rights  may  include the right  to remuneration  for 
the reproduction of their  publications, written  for private purposes or  personal  use. 
Article 131 
Man
datory collective management  
1. In accordance  with the relevant  provisions of this law, the following  rights  should be 
mandatory exercised  only via collective  management, such  as; 
a. the right  of broadcast ing and re-transmission  for authors and performers,  referred  to the 
provision 1 (a)  and 2 (c) of Article  130 of this  law; 
b. the re -transmitting  right  referred  to provision 1 (f) of Article  130 of this  law; 
c. the right  to remuneration  for the transmission  for the phonograms producers, referred  
to the provision 3(b) of Article  130 of this  law; Page 65 of 101 ç.  the renting right fo r the authors and for the works/ musical recordings, for the performers 
and the phonograms producers, referred to the provisions 1(c ), 2(d), 3(c ) of Article 130  
of this law ; 
d. the right  to remuneration  for the public lending for  the authors, the  performers  and the 
phonograms   producers, referred  to the provisions 1( ç), 2(dh), 3(ç), 4(a) of Article  130 
of this  law; 
dh. the right to remuneration for the reproduction of private copies and of other personal 
use for the authors, performers, phonograms producers, films producers and publishers 
referred  to the provisions 1(dh), 2(e), 3(d), 4(b), and 5 of Article 130 of this law; 
e. the right  to remuneration  as provided by  section   2(ë) of A rticle  130 of this  law; 
ë.   the resale right of  the original of the works of art as provided in secti on 1(d) of Article 
130 of this l aw. 
2. The provisions referred  to in paragraph 1 of this Article  shall  not be appl ied to cable  re-
transmission,  when  it has to do with the audiovisual media  service providers related  to their 
broadcasting s, regardless  of whether  the rights  concerned  are their own or they have been  
transferred  to them from  the other holders of the  copyrights and  related  rights. 
Article 132 
The contract  with  the author 
1. The collective  management  agency  will administer  the rights  of the authors only on the basis  
of a contract  concluded with the author. The contract  will include, in particular  the author’s 
authorization for the administration  of his rights,  the type of the works and the rights  to be 
administered  and the duration of the contract,  which  should not exceed  three years,  and  
renewable.  The Copyright Directorate will monitor and control this activity,  as the guarantor 
of this  law implementation.  
2. A collective  m anagement  agency must inform  in advance the holders of the rights  defined  in 
this law, on their rights  which  they administer  pursuant to Article  137 (a). The Agency should 
also inform  the holders of these rights  whom have already  authorized that one regarding  the 
management  of their rights, that they enjoy  pursuant this law, within  2 years  from the entry  
into force  of this  law. 
3. The collective  manage ment  agencies,  based  on the contract  they have with the author, upon 
request,  may  authorize the  use of the works  to the users . 
4. During the time period when  the administration  of rights  is transferred  to a collective  
management  agency,  whether  by the l aw or by a contract,  the author may not administer  
individually these rights.  Page 66 of 101 Article 133 
The Agencies  of the  collective management of rights  
1. The collective  management  of rights  may  be performed  by the coll ective m anagement  agency 
of the r ights,  (hereinafter  CMA ), as a legal  entity  created  by the holders of the copyrights and 
related  rights,  which  have as object  of their activity  the collection  of the revenues  for using the 
works, and their distribution to the holders of the copyright and related  rights which  has 
received  the licens ing from  the ministry  responsible for copyright, upon the proposal of the 
Copyright Directorate  (hereafter  CD).  
2. The licensing  referred  to in paragraph  1 of this Article,  shall  be granted  to the subjects  which  
have the following  characteristics:  
a) it is registered  as a nonprofit organization in accordance with the legal  provisions in force;  
b) it has approved its status , that meets  the conditions laid down in the l aw and should 
specifically  include:  
i) the designation of collective  management  agency;  its objectives  and goals ; the 
administered  rights; the categories  of the rights  holders that the agency  represents;  the 
criterias  for the gain or losing the membership; the rights  and obligations of the members,  
the rules  of election  and functioning of the governing bodies, its initial capital  and planned  
economic resources,  the rules  defined  for realizing  the collection  and distribution  of the 
incomes; the modality  of the supervision of the agency’s  economic- financial   management,  
setting  the special  commission  up within  the mean ing of Article  153 (6) of this law, the 
modality  of using the capital  and other assets , in the case of the company’s  liquidation, the 
rules  for the modalities  for drafting  of methodologies that should be negotiated  with users , 
and the rules  of representati on in  negotiations, and  as well  as any other  provision which  is 
mandatory according  to the legislation  in force ;  
 ii) The s tatutory  provisions of the collective  management  agencies  should be drafted  based  
on the   principles  of transparency,  the principle  of conflict  of interest in their governing 
bodies, and the principle of non- discrimination  between  members,  members  and non-
members , as well  as between  users  of copyrights and other related  rights;  
iii)  General Assembly of the agency’s members should be met at least once a year; decides 
for changes the agency’s statute for the nomination or discharge of executive bodies, reviews  their general performance and approves their reward , as well as other benefits , 
such as monetary and non- monetary benefits and, g ranting of pensions or dignities , other 
rights and rewards , or the rights to transitional payments; decides at least for the general 
policy for the remuneration distribution to the rights holders and for the expenses on the 
rights management, as well as th e approval of any purchase, sale or mortgage of immovable 
property; 
c) it has  its headquarters  in the Republic of Albania;   Page 67 of 101 ç)  it h as the adequate space and logistics and sufficient mechanisms for the collection, 
distribution and the payment of remuneration, the technical service and professional 
expertise with at least one employee as jurist and an other one as accountant;  
d)  the collective  administration of the rights is its sole activity, except when its other activities 
extend in the field of art and culture; 
dh)  it introduces the mechanisms that guarantee equal treatment for the rights holders and for 
the users , too, when the re are  the same objective conditions of treatment.  
3. CMA  administers  the rights on the name and  on the account of the holders of these rights.  
4. Any proposal for amend ing the status  is subject  to the approval of the responsible Minister  on 
copyright, on the proposal of the Copyright Directorate  (CD). CD reviews  the application  
within  10 days from  the submitting  date of the application  for chang ing the agency’  status.  The 
approval or rejection  of the proposal must be argued  and expressed  in terms  of the compliance 
of status  changes  with the exercise of the licensing  mandate,  object  of the activity,  and then it 
is submitted  to the district court in order  to change  record ing. Any change of the status  contrary  
to the provisions of this paragraph  constitutes  a condition for lifting  the license  of the collective  
management  agency . 
Article 134  
Validity of the l icense  
1. The license of the  collective m anagemen t agencies  for the exercise of  the activity  is valid  for 
3 years,  and it is renewable.  
2. The procedures  for obtaining the license or its renewal  is subject  to the same criteria  prescribed  
in this law or other by-laws enacted  pursuant to this law and is carried  out through a public 
process  that ensures  the principles  of transparency  and competitiveness.  
Article 135 
Rep
resentation  for the  rights  management   
1. The collective  management   of the rights  referred  to in Articles  130 and 131 of this law, in 
relation  to the same category of the rights  holders can  be given  by the ministry  responsible for 
copyright to  only  one ( CMA ) subject,  which: 
a. has received  the consent for conducting the management  of rights  by the majority  of the 
rights  holders of this category , who have g ranted  their representation  powers  for the 
management  of these rights; 
b. has the largest  number of contracts  signed  with foreign  mutual agencies  in accordance  
with professional criteria’s  mentioned in  the l aw. 
2. It is presumed  that the agency  referred  to in paragraph  1 of this Article,  has the power of  
represent ing all the rights  holders,  national  and foreign  ones, for the ir respective rights.   The 
rights  holders will have the right  to terminate  the authorization for managing their rights  over Page 68 of 101 the work, granted  by them to a CMA , or to revoke any of their rights  not to be administered  by 
the CMA , in accordance  with Article  132 of this law, for the place of their choice, by doing 
the due noti fying  in written,  and in advance of not more  than six (6) months. The CMA  may 
decide that  such  a termination  or revoking to  take effect  only at the end  of the financial  year.  
3. The agency,  after the user’s  request , informs  the latter  for those rights  holders of who have  
revoked the management  right, pursuant to  the procedures  of paragraph  2 of this  Article.  
4. Any author/holder of the copyright or related  rights  can entrust a collective  management  
agency  with the mandate  of managing  his rights , which  cannot refuse  and is forced  to accept  
the managing  of these rights based  on the collective  management,  within  the limits  of the object  
of its  activity.  
Article 136  
The management of rights  through agencies  
1. The Agency  for the Collective  Management  of rights  can manage  one, two or more  types  
of rights  that are usually associated  with a particular  category  of holders of copyright or 
related  rights.  
2. The Agency  may  transfer  one or more  functions relating  to the administration  of rights,  to 
another agency of collective  management,  pursuant this Law,  through a written  agreement  
approved in  advance by  the responsible Ministry  for copyright. 
3. The agency,  to which  the above mentioned functions are transferred,  performs  this function 
on behalf  of the agency  that transferred  the functions or on its own and on behalf  of the 
agency  that has these rights, in  the manner  specified  in the agreement  between  them.  
Article 137  
Functions,  Rights  and Obligations of the  Collective Management Agencies  
The CMA,  on behalf  of the holders of the rights  and powers granted  as well as by the provisions 
of this  Law shall  have the  following functions:  
a. To grant users,  based  on their requests,  in the form  of a non- exclusive contract  for the use of 
the works or of the objects of related  rights,  in exchange of a payment, by a written  contract,  
within  the powers set  forth  on the agencies  license;  
b. To collect the remuneration for the use of the works or of the objects of related rights. 
c. To distribute, on the basis of the distribution rules, the remuneration collected by the users in 
a fair and proportionate way with the actual value and use of the works and of the  objects of 
related rights. The principles for the distribution of remuneration shall be determined in the statute of the agency and any possibility of arbitrarily shall be exclu ded; 
ç.   To represent the holders of the rights, whose rights they administer, in judicial or   
administrative proceedings and perform any other necessary legal action to protect and enforce the rights administered by them; Page 69 of 101 d. To perform any other act in accordance with their legal rights and of their decision -making 
bodies on the competencies received from the holders of the rights; 
dh. To develop negotiable methodologies for the determination of the level of tax that the users 
have to pay in accordance with the provisions of this Law. 
e. to perform, on behalf of the author or the holder of the copyright and other related rights or in 
the basis of a contract of reciprocity with corresponding foreign agencies, the general agreements with the organizers of the performance, with the radio or television associations, with cable operators, which have as object of activity the authorization of performance and the distribution of the works it administers; 
ë.   To represent the interests of their members for the use of t he rights, outside the territory of 
the Republic of Albania, by signing a contract of reciprocity with corresponding foreign agencies;  
f. To inform, upon request, the holders of copyrights and other related rights on the manner of use of their rights, for the annual financial report and annual financial income report, within the time provided in the statute.  
g. To ensure the transparency of the CMA’s activity in relation to the public control authorities, according to the Law.  
gj. On the revenues collected from u sers and from the remuneration paid to the holders of the 
rights, these agencies are obliged to keep and pay tax on the account of the tax administration office the initial tax in accordance with the legislation on income tax;  
h. For the purpose of determining the correct tax liabilities, they have the obligation to make available to the tax administration, according to the approved forms, the information on the collected revenue from the users of the works of copyright / related rights, as well as the distrib ution of these awards to the holders of the rights. 
Article 138 
The Exclusive Agency  That Performs  the Function of the  Collection  of Awards  
(Exclusive Office ) 
1. By means  of a written  agreement,  the CMA -s agree  and decide on which  of them  is going to 
have the function to  collect  the fees  for all  the categories  of the holders of  the rights.  
2. If they do not reach  the above mentioned agreement,  within  30 days from  the entry  into force  
of the tariff remuneration, the National  Council of Copyright (hereinafter  NCC)  will choose 
the licensed  agency by  a decision, based  on the following criteria:  
a. to have the administrative  capacity  to cover  the territory;  
b. to strictly  apply the provisions for the procedure of the collection  of remunerations 
pursuant this  Law;  Page 70 of 101 c. to have a t ime span  on the  activity  of the subject  over  the years;  
ç.  to have contracts  of reciprocal  representation  with counterpart agencies  and have  
international recognition; 
d. to possess the appropriate infrastructure  that guarantees  transparency  in the collectio n 
and the distribution  of income to  its members;  
dh.  to have the most appropriate platform  and cost effective  resources  for the management  
of rights.  
3. The agreement  referred  in paragraph 1 of this Article,  or the decision of the NCC  provided in 
paragraph  2 of this Article,  shall  contain  the manner  and the proportion for the sharing  of the 
fee and  of the collected  reward  to the other CMA -s, as it follows: 
a. 40% will go  to the agency that represents  the copyright;  
b. 30% will go  to the agency that represents  right s of performers;  
c. 30% will go to the agency  that represents  the rights  of producers, including those of the 
publishers and  of the producers of phonograms. 
Article 139 
The Special  Case  of Distribution  
1. On the remuneration  collected  pursuant to Article  31, paragraph  5, letters  “a” and “b” of this 
Law,  for private  or other personal use, the authors will receive 40%,  the performers  and/or the 
interpreters  30%,  and the producers of  phonograms or the film producers will receive 30%. 
2. From  the rewards  collected  pursuant to Article  31, paragraph  5, letter  “c”, and paragraph  6, the 
authors and  publishers will receive 50% each.  
Article 140  
The granting of authorization for use 
1. A natural  or legal  person, before  starting  to use a copyright protected  object, must submit to 
the relevant  CMA  a request for authorization  of such use. The application  must contain  
information  about the type and circumstances  of use, such as the manner,  place and time of the 
use and  other necessary  information for the determination  of the amount of compensation. 
2. CMA  gives  the user the authorization, within  its competence,  to use the object  under 
protection. The authorization shall  include the right  indicator for which  it applies,  the 
conditions as for the manner  of use, the place and time and the amount of remuneration for the 
use, where its  use is  subject  to remuneration. 
3. The user shall  submit without delay  to the CMA  the information  regarding any change  of 
circumstances  for its use and completion, in order to change the conditions under which  it was 
authorized or withdrawn  it. Page 71 of 101 Article 141 
The Obligation  to Provide Information 
In case of insufficient information for the unauthorized use of the material,  the object  under 
protection, CMA  will address,  via a request,  to the competent  institutions  of state administration  
or other legal  persons, who are required  to deliver  the relevant  information  from  their data.  Failure  
to comply with  this obligation results  in legal  responsibility.  
Article 142 
The Procedures  for the  Approval of the  Fees  of Remuneration   
1. The procedure for the approval of the fees of remuneration for the use of copyright, shall  
stipulate  the value/tariff  and methodology of their issuance,  to be paid by each user to the 
CMA,  for th e use of work  of the author that  they administer.  
2. The fee shall  be established  by means  of a comprehensive agreement  (hereinafter  the 
Agreement ) signed  between  the CMA  and the representatives  of the users  association,  or if this 
is not possible, by a decis ion of the NCC.  Until the entry  into force  of new tariffs,  previously 
approved fees will be applicable.  When  there  are no previously approved tariffs,  for as long as 
the new tariffs  are not approved, the users  pay the CMA  a provisional/temporary fee equal  to 
60% of the value of the draft  tariffs  submitted.  The CMA  publishes the temporary fee on the 
official  website  of the Albanian  Ministry  of Culture  and on other official  publication acts.   
3. When  on the basis  of a final decision  of the court, the value of the tariff  is determined  lower  
than 60% of the draft  tariff;  the CMA  shall  give back  the difference,  to those users  who have  
paid the fee,  in accordance with  paragraph  2 of this Article.  
4. In determining  the tariff  methodology, the following criteria  will be considered: 
a. The revenues  that will be acquired  as a result  of the use of a work  or object of related  
rights;  
b. The number of people to whom the works or objects of related  rights  become available;  
c. When  the revenues  do not reflect  the nature of the use of the works or objects of related  
rights,  the fees shall  be calculated  based  on the costs  that arise for their use or on the 
influence they have in  the normal use by  the holders of the rights;  
ç.  The importance of the use of works and objects  of related  rights  for the relevant  activities  
of users;  
d. The ratio of use between  works or protected  objects of related  rights  and unprotected 
objects  of related  rights;  
dh. The  equivalency of the proposed tariff fees with the counterpart collective  management  
agencies  of ot her countries, particularly  to those countries which  have similar  socio -
economic development standards with  the Republic of Albania.  Page 72 of 101 5. The tariffs  applicable to the cable re-transmission  reflect  also the number of household users  
who are connected  to cable s ystems  and to the nature of retransmitted  programs.  
6. The calculation  of fees will take into account  the source of income in the form  of subsidy, 
subscriptions and sponsorship, which  will be escalating,  from  the lowest  cost, in the case of 
income that derives  from  subsidies that cover  operating costs,  to the higher cost in the case of 
income that derives from  subscription services,  to the highest costs,  in the case of income 
received  by advertisers  and commercial  sponsors.  
Article 143 
The Comprehensive Agreement  
1. The CMA  must conclude a written  agreement  with the representatives  of the association  of the 
users  of the works  of the author, on their repertoire works. Representative associations  are 
those associations  of users  which  represent  the majority  of the users  in a specific field of 
activity  in relation  to their number, or declared  representative  associations  with any other Law 
with legal  power in  the Republic of Albania.  
2. An agreement  can also be signed  between  the CMA  and an individual, an individual user of 
works of authors on the repertoire  of its  works, when, because  of the  nature of its  activity,  the 
user is the only one carrying  out this activity.  Provisions applicable  to representative  
associations  of users  shall also apply, mutatis  mutandis , to an individual user pursuant this 
paragraph. 
3. Such  an agre ement  shall  regulate:  
a. The tariff and the methodology for determining  the tariff;  
b. The conditions and  manner  of use of  copyrighted  works; 
c. The terms  of use for the categories  that benefit  from  an increase,  reduction  or exemption  
from  payment of remuneration; 
ç. The date of the payment  of compensation to the copyright holder and other    information  
necessary  for determining  the amount of the compensation; 
d. The manner  of the payment of remuneration and other elements  related  to temporary  fees 
pursuant Article  142 of this Law,  for the use of works of authors until the termination  of 
an agreement,  if the tariffs,  for certain  categories  of the use of the works of authors, are 
assigned  for the first time  by this agreement.  
4. This Agreement  shall  enter  into force 15 days after its publication in the Official  Gazette and 
shall  apply to all the users  of the same category  of works of authors from  the repertoire of the 
CMA,  regardless  of whether  they have participated  in negotiations or on the conclusion of this 
agreement.  The users  of the works of the authors are obliged to conclude a contract,  from  the 
repertoire of CMA,  in accordance with  this agreement.  
5. No court c omplaints  shall  be allowed  against  this agreement  before  the all administrative  
procedures has  been  ruled. Page 73 of 101 6. The provisions of this Article  shall  apply, mutatis  mutandis , for the amendment or the 
termination  of the agreement.  
7. The CMA  should publish an initial  invitation,  not later than 3 months before the end of the 
calendar  year,  to negotiate the terms  for the t ermination  of the agreement  on the official  website  
of the Albanian  Ministry  of Culture and  on other official  publication task.  
Article 144 
Procedure in  front  of the  NCC  
1. A CMA  or a user representative association,  30 days after the publication of temporar y fees, 
referred  to in Article  142 of this Law,  or when  they have not concluded an agreement  between  
them  within  one month from  the start  of negotiations,  shall  require  from  the NCC  to fix/set an  
appropriate fee or to decide on any other issue  regarding  a comprehensive agreement.  The 
duration of the NCC’  procedure is  45 days  from  the date of filing.  
2. Whoever proves a legal  interest,  he/she may require to the NCC  to state whether  an agreement  
is in accordance  with the provisions of this Law and if the fee set by the agreement  is 
appropriate, unless NCC  has already  decided  on the matter.  
3. The procedure in front  of the NCC  is initiated  by a written  request  which  must include at least:  
the data of the applicant,  explain  the issue,  report  on the progress  of negotiations carried  out 
the agreement  so far, including other data,  about the proposal of a fee to be decided  by NCC  
or a proposal for a solution for any  other matter.  
4. NCC  sends the request  referred  to in paragraph  3 of this Article,  to the other party,  or in the 
case of paragraph  2 of this Article,  to the CMA  and to the association  of representation  of the 
users  who have signed  the disputed agreement,  and invites  them  to report  their opinion about 
their application. 
5. Each  party  shall  state the facts  and present  evidence on which  it bases  its proposals, or with 
which  it rejects  the allegations  and the evidence of  the other party.  
6. NCC  at any time may request the parties  to submit additional material  and any information  
they consider that can facilitate  the pr ocess,  especially  in order  to prepare reports and represent  
the opinions of the experts,  as well as any other information. Given  all the circumstances,  NCC  
will determine  the final decision  and whether  any of the parties  has not implemented  the 
provisions of paragraph  5, or the provisions of this  paragraph. 
7. Negotiation  of fees between  agencies  and associations,  representatives  of users  of 
works/interested  parties  is mandatory to  be exhausted  before pursuing the process  in court. 
Article 145 
The decision  of the  NCC 
1. The decision  of the NCC  will order a suitable  fee or decides  on other issues,  through which  
NCC  may  adopt, amend  or revoke, in  whole or in  part the disputed agreement.  Page 74 of 101 2. NCC  considers necessary  given the circumstances  of the case,  during the procedure and the 
proposal of the party  NCC may approve a decision  setting  the fee for the duration of the 
procedure before NCC.  The decision shall  be issued  on the basis  of the existing  information  
when  making the decisions, and will be in force  until a decision  is given  referred  to in 
paragraph  1. The  decision  according  to this point is  not subject  to file a complaint.  
3. NCC  decides  on the change or  cancellation  of the disputed agreement.  
4. The final decision  will be published on the official  website  of the Albanian  Ministry  of Culture 
and other official  publication acts.   
Article 146 
Costs  of proceedings  in front  of NCC 
1. The costs  of the NCC  procedures are determined  by an order of the Minister  responsible for 
the copyright. 
2. Each  Party  shall  bear  its own  costs  arising  from  the NCC  proceedings. 
3. The two parties  will cover  in equal  parts  the costs  set forth  in paragraph  1 of this Article  as 
well as any administrative  costs.  
4. The party  who  initiates  the procedure will prepay  the amount necessary  to cover  the operating 
costs  of the NCC  proceedings; otherwise the NCC  will reject  the proposal to start the 
procedure. 
5. The provisions of paragraph  4 shall  apply, mutatis  mutandis , to all those individuals who seek 
to propose any  action  in the NCC  proceedings. 
6. By a special  decision the NCC  sets the expenses  even  if a party  must pay the other party  the 
right  to prepaid  expenses.  
Article 147 
The complaint against NCC's  decision  
1. The parties  have the right to complaint the NCC  decision  in an administrative  court of the 
competent  jurisdiction  within  the deadlines  set by the Code of Administrative  Procedures.  The 
complaint period starts  from  the date of the announcement of the decision on the official  
website  of the Ministry  of Culture. The complaint against  this decision  does not suspend the 
application  of tariffs  which  is the subject  of the dispute. 
2. In the event  that the right of complaint provided for in paragraph  1 of this Article  is not 
exercised  within  the deadline mentioned above, the fees shall  be considered approved pursuant 
to the decision  of the NCC.  By order of the responsible minister,  based  on the decision  of NCC,  
the tariffs  and the relevant  methodology should be sent for publication in the Public 
Procurement  Bulletin.  The approved tariffs  remain  in force  for two  years.  Page 75 of 101 3. The judicial  proceedings pursuant this Article  shall  be governed, mutatis  mutandis, to the 
provisions of ordinary legislation,  except  as otherwise provided by  this Law.  
Article 148 
The obligation to  sign  a contract  
The user of works from  the repertoire of the CMA  may,  at any time,  ask for the completion  of a 
contract  in a non- exclusive form  of rights  for the use of the works of the author, in accordance 
with the approved tariff.  The CMA  may refuse  such a request  if this user has not paid previous 
compensations from the use of works. This contract  shall  be deposited and recorded  at the Albanian  
Office  for Copyright. 
Article 149 
Principles  for establishing  the amount of remuneration  from  fees 
1. If the use of the object  of protection is essential  for the activity  of a user and when  its activity  
depends on its use, as in the case of broadcasts,  concerts,  dances  or other uses of the object  for 
a payment, the amount of remuneration shall  be fixed  and in principle as a percentage of the 
profit  revenues  from  such a use.  
2. If use of object  of protection results  without an income or profit,  the amount of payments may 
be fixed  as a percentage of the costs  of use, such as bonuses or salaries  of performers  or 
expenses  incurred  for the use of premises  or other  expenses.  
3. In addition to fixed  remuneration  as a percentage,  the minimum  amount of remuneration  shall  
be specified.  
4. If a user does not submit to the ACM  the necessary  information to determine  the percentage 
of remuneration,  the ACM  can decide  the amount of bonuses based  on the c ollected  
information  in accordance with  Article  141 of this  Law.  
5. If use of the object of protection is not essential  for a user,  but is useful or relaxing  
(accommodation  facilities,  exhibition  sites,  vehicles  and restaurants),  the amount of 
remuneration  is determined  as the total amount for  the permanent  and the casual  uses  made.  
6. In the case of a decision  on the total amount and on the remuneration  referred  to paragraph  3 
of this Article,  the circumstances  of the object of protection  that would be taken  in 
consideration shall  be type of use, place and geographical  location, category  and the size of the 
objects,  the duration and the number of uses and the price difference with respect  to the 
business of a user.  
Article 150 
The distribution  of the  fees of remuneration   
1. The user shall  submit to the CMA,  full information about the time and place of the use of an 
object  of protection so that it can allocate the collected  remuneration. This information  shall  
be given:  Page 76 of 101 a. In advance;  
b. Up to 15 days  after use; 
c. Pursuant the contract.  
2. If the distribution  is not possible, based  on the information  for its use, or if this distribution  
results  to be obviously uneconomic, it can be performed  by the application  of the statistical 
methods corres ponding to  the greatest  extent  of the actual  use. 
3. The distribution  of remuneration  collected  for the holders of the rights  is conducted in 
accordance with  information on the use of the object of protection. 
Article 151 
a. Rules  regarding  the distribution  of remunerations  
1. The CMA  shall  provide rules  regarding  the methodology of the distribution  of the collected  
remunerations, as  approved by  its decision making panel.  
2. These rules  must consider: 
a.    The  scope of  the protection and  the holders of the  rights  to which these rules  apply; 
b. The definition  of the criteria’s  and of the procedure  of the remunerations in order to 
stimulate  the holders of the rights,  whose works  represent  a special  value to  the national  
culture and  creativity,  previously approved by  the NCC;  
c.    The  determine  the amount to be paid, after the deduction of the costs  for the 
administration  of the rights,  the separation  of the funds provided by Law,  by the statute  
of the CMA  or by  international contracts  for a joint representation  of the CMA -s; 
ç.   Th e  conditions for the  calculation  and the payment of the distributed  remunerations. 
3. The collected  remunerations are used in accordance with the rules  referred  to in paragraph 2 
of this  Article,  and on the provisions of this  Law.  
4. The contracts  for the distribution,  which  have been  concluded between  the holders of the rights  
for the same object of protections, are considered  as violations of the rules  of distribution. 
5. The total expenses  of the CMA  cannot exceed  more  than 30% of the accumulated  
remuneratio ns. The total amount of expenses  of an association,  or of other  form  of a legal  
NGO,  shall  include the financial  costs  for the improvement of the system  of the administration  
and protection of copyright and related  rights. Besides  such costs,  local  agencies may decide  
to spend a maximum  of 3% of the total amount of the collected  remuneration, on measures  
against  piracy  and counterfeiting, as well  as other measures  aimed  at raising  awareness  on the 
value of copyright and related  rights.  
6. The calculation  and distribution  of remunerations will be made at  least  once a year.  Page 77 of 101 7. The financial  balance sheet,  related  to distribution, shall  be determined  by a competent  panel  
of the agency,  and must be audited  and evaluated  by an expert  auditor. 
8. Within  15 days of receipt  of the audit report, the CMA  will deliver  to DC its statement  account 
regarding  the distribution  referred  to in paragraph 7 of this  Article.  
9. The reward  tariffs  collected  from  users,  which  at the end of the financial  year are not distributed  
by the CMA,  shall be deposited  in a special  fund in the account of the Ministry  responsible for 
copyright, which  shall  be available for the holders of the right  and related  rights  for a period 
of 3 years.  If during this period the CMA  identifies  the holder of the right and ensures  the 
delivery  (of the reward)  the CMA  shall  also benefit the administration  fees. If in a 3-year period 
the holder is not identified,  the special  fund will pass to the Ministry  responsible for copyright 
which  will use this found in fulfilling  its objectives  for the increase of creativity  and cultural  
diversity. 
10. A copy  of the approved and audited  balance sheet,  in accordance with paragraphs 7 and 8 of 
this Article,  shall  be deposited  in the tax administration  office  according  to the legislation  on 
income tax.  
Article 152 
Super
vision of  the object  of protection  
1. A CMA  can supervise the use of the object of protection for which  the agency  is licensed.  
2. Users  of the object  of protection should make available to the CMA  a request,  the 
documentation and the relevant  information  for the administration  of rights,  so that the CMA  
may be able to  perform  the supervision on the function of enforcing the  Law.  
3. Upon request  from  the CMA,  the state administration  committees  responsible for the 
inspection and the custom  services,  as well as the competent  police administration  and the 
police departments  must provide assistance  to the CMA  of, in the exercise of supervision 
referred  to in section  1 of this  article.  
4. The organizers of public performances  and other users  of works  that are protected  by this 
Law should ensure the right  to communication  to the public, in  cases  when  an authorization 
is required  pursuant this Law,  before such utilization.  At the request  of the author, or of a 
CMA,  the competent  inspection author ities or police will stop a performance  in which  the 
object  of protection  is being  used, if the organizer of this performance  does not have the 
relevant  authorization. 
Article 153 
The 
Obligation  of the  Agencies  To Publish  The  Information 
1. CMAs  have the obli gation  to publish, on their web site electronically,  the updated  information  
as follows: 
a. The statute; Page 78 of 101 b. The list of the members  of the central  and of the local  administration,  the internal  
composition of the committees  and the list of the local  administrator s; 
c. The annual  balance sheet  statement  of the amounts that haven’t been  distributed, the 
amounts that have been  collected  by the categories  of users  or taxpayers,  the initial 
withheld  amounts, the cost of the administration  and amount distributed  by the 
categories  of the owners/authors; 
ç.     An  annual report;  
d. The information  on the general  assembly,  such as, the date and place of the call, the 
agenda,  the draft  decisions  and the adopted resolutions; 
dh.  Other  necessary  data  that serve for the information of the members    
2. Each  member  has the right  to request  in person or by an authorized representative,  detailed  
information  and documents on the amounts distributed  in the last 12 months, their source, and 
the methods of calculation  of the rights,  and verification  with the provisions of the regulation  
of distribution. 
3. 30 days before  the general  meeting,  each member  has the right  to consult the headquarters  of 
collective  management  agencies  on the:  
a. Annual report;  
b. Balance sheet;  
c. Ratio  of  governing bodies and  of the audit committee; 
ç. Text and preamble of the decisions that are subject  to the approval of the General  
Assembly;  
d. Individual salaries  of employees;  
dh. Situation  on the amounts on bank accounts, investments  and interests  received  at the 
end of the last  financial  year;  
e. Situation  with regard  to the categories  of the users,  the number of the taxpayers  in each 
category  and the global  amount collected  from  each category  as well as any other 
information  related  to the user.  
4. At least one fifth of the members  that have full rights  of an agency,  may require  that one or 
more  than one independent expert,  to inspect  the operation of the company,  unless such 
inspection has  already  been  carried  out pursuant to  this provision, for the current  year;  
5. Access  to information  provided in paragraph  3 of this Article,  is made based  on confidentiality,  
on bases  of a request  in writing,  and with restrictions  of access  to personal data of the 
employees  of the agency.  Page 79 of 101 6. The members  that have been  considered  that their right  to receive the requested  information  is 
not carried  out, within  three days they may require a special  permanent  commission,  in relation  
to the request  for information, appointed by the general  meeting,  which  shall  consist of five 
members  who are not employed  and are not part of the management  panel.  The Commission  
is obliged to respond within  7 days on the reliability  of these presences,  to the complaint who 
filed the complaint and to the agencies  managers.  The Commission  shall  draw  up an annual  
report  on its activities  which  will be submitted  to the general  meeting  of the agency  and at DC. 
PART  VI 
TECHNOLOGICAL  MEASURES  AND THE  RIGHT  OF ADMINISTRATION OF  
INFORMATION 
Article 154 
Technological measures  of protection   
1.   The  author of a work, the performer and/or interpreter,  phonogram or film producers (audio-
visual registrations),  broadcasting organizations of radio/televisions  or database producers, can 
create technological  measures  of protection on the rights  recognized  by this Law.  It is 
prohibited, whether  as a result  of the violation  of copyright and related  rights or other rights  
protected  by this Law by them  or not, the following actions:  
a. The av oidance of any effective technological  measure,  by the person performing the 
avoiding action, deliberately  or having reasonable grounds to have knowledge that 
he/she is  pursuing this  objective;  
b. The production, import,  distribution, sale, rental,  advertisement  for the sale or lease, or 
possession  for commercial  purposes of the devices,  the products, components or the 
provision of services,  which:  
i) are promoted, advertised  or marketed  for derogation purposes;  
ii) only a limited  commercial  purpose or use in  order  to avoid;  
iii) are primarily  designed, produced, adapted  or used for the purpose of enabling 
or facilitating  the avoidance of technological measures.  
2. Pursuant to this Law,  "technological  measures"  shall  mean  any technology, device or 
component that is designed to prevent  or limit the actions  of the normal  course of their 
operation, connected  with the creation  or objects  of related  rights,  which  are not authorized by 
the holders of the rights.  Technological  measures  are considered "effective"  when  the use of a 
protected  work  or object  of related  rights  is controlled by the holder of rights  through the 
implementation  of a process  of entry  or a protection program,  such an encryption, 
decodification  or other transformations of the creation  or of the creation  of related  rights  or a 
control mechanism  of the copy,  which  in the normal  course of its operation, achieves  the 
objective to  protect.  
3. The pr ovisions of this Article  shall  not apply to  computer  programs.  Page 80 of 101 Article 155 
The information on the  management of rights   
1. Pursuant to  this Law,  "the  information  on the management  of rights"  shall  be any  information  
provided by the author or other holder of rights,  which  identifies  the work  or an object  of 
related  rights,  the author or other holders of the right  or the information  on the conditions of 
the use of the work  or of the protected  object,  as well as the numbers or the codes that represent  
such information. 
2. An unauthorized person is  prohibited to  knowingly take the following  actions  by: 
a. The removal  or the  disposal of electronic information of the administration  of rights;  
b. The distribution, import for distribution, the broadcasting, transmission  or the making 
available to the public the works or objects  of related  rights  or other  rights  provided by 
this Law from  which  the electronic information of the administration  of rights  has been  
removed  or altered,  if this person is aware or has reasonable grounds to be aware t hat 
by doing this, he causes,  enables,  facilitates  or conceals  an infringement of copyright, 
related  rights  or other rights stipulated  by this Law.  
PART  VI I  
THE  NATIONAL  COUNCIL  OF COPYRIGHT,  THE  ALBANIAN DIRECTORY ON  
COPYRIGHT,  THE  BOARD OF  ARBITRATION AND MEDIATION AND 
ARBITRATION PROCEDURES   
Article 156 
The National Council  of Copyright 
1. The National  Council of Copyright (NCC)  operates  in the ministry  responsible for copyright  
which  consists of the chairman  and four members,  they are appointed by the minister  
responsible for copyright  for a period of four years,  the proposals for the election  of the 
members  of the NCC  can be made by the CMA  and the associations  of the representatives  of 
the users  and any other interested  party.  DC will serve as the technical  secretariat  for the NCC.  
2. NCC  shall  take its  decisions by  a majority  vote of all  of its  members.  
3. The functioning, remuneration  and the organization  shall  be adopted by the Council of 
Minister.  
4. The  competences  of the  NCC  are: 
a) To adopt the methodology and  the amount of remunerations tariffs.  
b) To decide,  in relation  to any claims  that the parties  have,  to terminate  the agreement  
and shall  verify  whether  the agreement  is in accordance with the provisions of this Law.  Page 81 of 101 c) To establish  the criteria’s  for the selection  of the composition that has a national 
value pursuant to  the provisions of this  Law.  
ç) To provide the arbitration  proceedings.  
5. When  the parties,  of the referred  matters  to in the preceding paragraph, have entered  into a 
contra ct of arbitration  or have adopted an  arbitration  provision in  the contract,  this contract  or 
provision shall  be null. 
Article 157 
 The  Copyright Directory  
1. The DC structure  shall  be established  in the Ministry  responsible for copyrights  and shall  
operate in  accordance with  this law.  
2. The DC shall  have the following  duties and  responsibilities:  
a. Propose, design  and implement the appropriate strategies  and policies  for the 
protection, exercise and enforcement  of copyright,  related  rights  and other rights  that 
are protected  by this Law,  in accordance with international obligations, the national 
legislation  and the related  national interests  of the Republic of Albania;  
b. Collect  the necessary  information, conducts research,  consults and cooperates  with the 
state authorities,  public and private institutions,  with the representatives  of the 
interested  holders and users  of rights  in order to  fulfill its  duties; 
c. Submit to the Minister  responsible for copyright and/or other state institutions  
proposals, in  the case that so me measures  that are necessary  for the  implementation  of 
the national strategy  of copyright enforcement,  mentioned in the letter  "a" of this 
Article  , are outside of its  competencies;  
ç.  P ropose legal  acts concerning  the protection, exercise and enforcement  of copyright, 
related  rights  and other rights  protected  by this Law;  
d. Represent  the Republic of Albania in international and regional bodies dealing  with 
copyright, related  rights  and other rights  protected  by this Law,  on authorization of the 
minister  responsible for copyright; 
dh. To establish  and maintains  mutual cooperation with offices,  government agencies  and 
research  institutions  and organizations of other countries dealing  with copyright, 
related  rights  and other rights  protected  by this Law,  in accordance with the 
intergovernmental  policy of the Republic of Albania;  
e. Cooperate with the competent  administrative  or judicial authorities  and any other 
competent  state authority in order to enforce  these rights  and supervise the 
implementation  of this  Law. 
ë.  Perform  the review  of documentation procedures for the licensing  of organizations, such 
as the CMA,  and submits  to the Minister  responsible for copyright whenever  possible Page 82 of 101 two proposals for licensing  for approval by the Minister  and the Minister  approves one 
of the proposals; 
f. Oversee the activities  of the CMA  and acts in accordance  with the provisions of this 
Law;  
g. To create,  manages  and updates the register  pf the data open to the public, as a 
documentary and  electronic,  for: 
i.    The  voluntary r egistration  of the creations  protected  by copyright; 
ii.  The  works that fall into the "public domain", updated  from  the various institutions  
archives  and apply the provisions of mandatory  deposit copies  of legitimate  
creations,  published /produced or impo rted into the territory  of the Republic of 
Albania;  
iii.  The  Licensed  CMA  of the collective  management  and their  operation; 
iv. The users  and their equipment with the required  authorization, contracts,  
authorizations issued  by the CMA,  licensed  pursuant to  this Law.  
gj. Prepares,  promotes, distributes  materials  of information, organizes  institutions  
awareness  campaigns,  interest  groups and public through electronic  and written  media,  
as well as various   national and international activities,  such as seminars,  conferences,  
training  etc., about the importance and political legal  aspects  of practical  protection, 
the exercise and the enforcement  of copyright, related  rights  and rights  protected  by 
this Law.  
h. Performs  professional and administrative  activities,  technical  and scientific  assistance  
in relation  to the original character  of the product of copyright and  related  rights  to the 
request  of criminal investigation  juries  on the expense of the defendants,  until otherwise 
proven by  a court of Law;  
i. Performs,  admini strative  investigations  in favor of  stakeholders on paid  request  
j. Perform  any other tasks  specified  by this Law 
3. DC shall  function as the technical  secretariat  of the NCC  and of the Arbitration  Board, pursuant 
to the provisions of this  Law.  An arbitration  comity composed of 20 members  shall  operate in  
the DC.  The members  of this  comity  shall  be appointed every  3 years  by order of the Minister  
responsible for copyright. Their  selection  is made out of a list of experts  with not less than  10 
years  of experience in the field of the civil law that shall  be proposed by the CMA  by the 
structures  of the representatives  of the users  and stakeholders, the proposals shall  be deposited  
in the DC, according  terms  prescribed  by the Law.  The arbitrators  shall  not have the employee  
status  of the DC, they shall  have the right  to a fee for their participation  in the arbitration,  for 
the methodologies of income of the rights  administered  by the CMA,  pursuant to the terms  
prescribed  by the Law.  Page 83 of 101 4. The reward  tariffs  made by the DC and the responsible ministry  of copyright are approved by 
the Council of Ministers.  The equivalent  value of the services  provided in paragraph  1, letter  
‘h’ of this  article , will be included in  legal  costs.  
Article 158 
The activities  of the  DC 
1. The DC proposes to the Minister  responsible for copyright the licensing  of an ACM  in 
accordance with  the procedures and  the criteria  for licensing,  provided by  this Law.  
2. The Minister  responsible for copyright, by  order  or directive,  shall  determine the criterias  and 
the auxiliary  procedures  for the clarification  of the criteria  set forth  in Article  133 of this Law,  
and shall  determine  the conditions and the procedures to the acquisition  of the license or its 
renewal,  pursuant to  Article  134 of this  Law.  
3. The DC shall maintain  the records  of all  CMAs.  
4. The order of the Minister  for the grant  or renewal  of licenses  to an CMA,  along with the 
designation of the rights  and of the categories  of the holders of the rights  that the CMA  covers, 
enters  into force  after its publ ication  in the "Official  Gazette"  and published in the National  
Licensing Center,  in accordance with the legal  provisions in  force.  
5. The s ubject  that applies  for a license  to the Ministry  responsible for copyright  shall  make  
available all the relevant  infor mation  and all documents that are needed  for the conclusion of 
the licensing  procedure.  
6. The DC conducts inspections in  all the CMA’s  offices.  
Article 159 
Supervision of  the activities  of the  CMA  
1. The DC supervises the activity  of the  CMA.  
2. For the purposes of this  supervision, the CMA  submits  to DC the following documentation: 
a. The statute  and its instructions,  as well as their respective amendments,  in accordance  
with the provisions of this Law and with other legal  provisions in force  for the 
registration  and operation of non- profit  organizations; 
b. Bilateral  and multilateral  contracts  associated  with  foreign  CMA  offices;  
c. Information  for persons whom they have the authority to  represent;  
ç.   The  decisions of their  highest supervising and  decision -making  panels ; 
d. The report  and their  annual  balance sheet  in accordance with  tax legislation  in force;  Page 84 of 101 dh. The audit report  on their activities,  that has been  carries  out by an internal  audit and/or 
by an external  licensed  audit, pursuant the rules  in force;  
e. Any other document required  to verify  the compliance of  the activities  of the agencies  
by this Law,  or other legal  provisions and  regulations in  force  and their  statutes;  
ë.   A detailed  report on the collection  of fees from  the users  and the distribution of these  
fees to the holders of  the right;  
f. The comprehensive agreement  with  associations  of the users.  
3.  The DC carries  on the control of the activity  pursuant the provisions of this Law,  on the basis  
of prior notification  letter  to the CMA,  specifying  the objectives of the control. The DC shall  
supervise once a year the activities  of the CMA,  by notifying  the later 10 days before the 
supervision. The DC can also conduct special  controls in between  two consecutive controls, 
by giving  a notice 3 days in advance before  the control, in case it receives  information  from  
members  of the CMA,  from  other holders of rights  from  the user or from  any relevant  source 
upon which  arise reasonable suspicions on whether  the agency's activities  are in compliance  
with this Law,  and other legal  provisions in  force  and their  statutes.  The Albanian  Directorate  
of Copyright (DC) prepares  a report  on the results  of each control that may include the 
measures  provided for in  paragraph  5. 
4. The G eneral  Assembly,  as the highest governing comity  of the CMA,  has the obligation  to 
report  on its program to the next meeting,  to discuss it and inform  the DC with the outcome of 
the discussion and  measures  taken.  
5.  In cases  when  the DC determines  that the activity  of the CMA  is not in accordance with the 
provisions of this Law,  and other legal  provisions in force or with its own charter,  the DC 
orders  the CMA  to regulate  the defects,  in accordance with these provisions, within  30 days of 
the notification  receipt.  If the CMA  does not fulfill  this obligation, the DC shall,  depending on 
the circumstances,  propose to the minister  responsible for the copyright to initiate  the 
procedures for the suspension of the license  for 6 months until its removal.  The above acts take 
effect  immediately  and are published in the "Official  Gazette".  The order  of the Minister  that 
has been  taken  by an administrative  procedure is  receive after  the parties  have been  heard. 
6.  The right  to appeal  the suspension or the revocation of the license is exercised  in front  of a 
competent  court. 
Article 160 
Mediation  
1.    The  CMA  and the representatives  associations  of the users  may propose, based  on the rules  of 
mediation,  the mediation  of a dispute concerning  the conclusion of a comprehensive agreement  
of cable re-transmission  of broadcasts.  The mediation  fees between  the CMA  and the 
representative associations  of the users,  the concerned  agencies/entities,  are mandatory to be 
exhausted  prior to a court process.  For the procedure of mediation,  the rules  of mediation  shall  
apply. Page 85 of 101 2.    Furthermore,  mediation  could be propos ed also in relation  the offering  of the access  on the 
work  of the copyright and  its use in  accordance with  any restrictions  mentioned in  Articles  72 
to 78, referring  also to Article  87 of this Law,  between  a person who claims  to be authorized 
in accordance with the provisions of this Law to use a copyrighted  work  without the author's 
authorization, or without the author's authorization for payment  of remuneration, and the 
author, or another person, who namely  applies  technological  protective  measures  to prevent 
access  or use of copyright  works, or who is authorized and has the ability  to remove them.  The 
rules  of mediation,  between  a CMA  and an association  of the user’s  representatives  shall  apply 
mutatis  mutandis to  the mediation  procedure. 
3. If the parties  fail to agree  on the content of the agreement  for cable re-transmission  of a 
broadcast  transmission  of this organization, each of the parties  mentioned shall  have the right  
to call for mediation,  a mediator  in relation  to the termination  of this Agreement.  The mediator  
must be independent, impartial while  performing  his duties. 
4. The mediator  may submit a proposal to the parties  to resolve the dispute. The proposals may 
be submitted  in person or by mail.  If none of the parties  expresses  its opposition by mail within  
3 months of receipt  of the proposal, ii shall  be considered  that both parties  accept  the proposal 
and are asked  to include it  in the contract  for cable  re-transmission.  
5. The P arties  enter  negotiations  and conclude them  in good faith with each other,  and they will 
be responsible for any abuse of negotiations or negotiating  positions, or their rights  in 
accordance with  the general  legislation.  
6. The parties  shall  jointly  choose the mediator  from  the list of mediators  approved by the 
Ministry  of Justice.  
7. The DC  will provide administrative  support for the mediation.  
8. The Parties  shall  pay the intermediary  for his work. 
9. If the parties  do not agree with the proposed solution of the mediator  and do not reach  an 
agreement  on the admission  fees, the procedures in the NCC  regarding  the methodology and 
the setting  of the tariffs,  will apply mutatis  mutandis,  to the completion  of a comprehensive 
agreement  for cable re -transmission   of broadcasts  pursuant this  Article.   
Article 161 
Arbitration  in the cases  of exception s and limitations  to the application of technological 
protection measures  in the use of creations  and of objects  of related  rights  
1. In cases  of exceptions  and limitations  to the application  of technological  measures,  as defined  
in chapter  VI of this Law,  the interested  parties  may seek a resolution of the dispute via an 
arbitration  procedure by a written  request  to the DC in accordance  with the procedures adopted 
by the NCC.  
2. The ar bitral  proceeding  is conducted by the Board  of Arbitration  and is organized  in the DC, 
which  serves  as the technical  secretariat  of the Board. The Director  of the Albanian  DC 
proposes the members  of the board. Page 86 of 101 This Board  will consist of not less than three members,  approved by an order  of the Minister  
responsible for copyright. 
3. The criteria’s  for the selection  of arbitrators  and the remuneration of the members  of the Board  
of Arbitration  shall  be determined  by an order  of the Minister  responsible for copyright. Panel  
members  are elected  in such a way that their independence and impartiality  are beyond 
reasonable doubt. The arbitrators  are selected  in such a way as not to have a conflict  of interest  
and sign to this effect  an appropriate declaration,  in accordance with the legal  provisions on 
the prevention of the conflict  of interest.   
4. Upon the receipt  of the request for arbitration,  the DC's  director  within  2 days from  the date he 
received  the request,  proposes to the minister  responsible for copyright, the names  of the 
arbitrators,  in accordance  with  the object  of dispute of the part ies. 
5. The DC officially  announces the names  of arbitrators  to the parties,  proposed by the Minister  
responsible for copyright. If one of the parties  has doubts about the independence and 
impartiality  on a member  of the panel,  he/she may require the selectio n of another arbitrator  
within  5 calendar  days from  the receipt  of this notice.  If within  this period of time there are no 
objections by the parties,  it is considered  that the parties  have accepted  the proposal. In this 
case,  the DC shall  notify the Minist er in charge for copyright for the approval of the Board  of 
Arbitration  with  the proposed names,  via an  order,  within  15 days.  
6. The order for the establishment  of the Board, the date of the start of arbitration,  and other 
relevant  documents are sent  to the parties,  within  5 days  by the DC.  
7. On receipt  of the request  for arbitration,  its review  until the issuance  of the decision, the 
duration of this  procedure shall  not be more  than  3 months. The  Board  decides  the acceptance  
or refusal  of the request  on legal  reasons,  and the decision, where it is specified  which  party  
will be charged  the cost of arbitration,  shall  be announced in the presence of the parties.  This 
decision  may be appealed  within  30 days in the Tirana Court of Appeals  in accordance with 
the Civil Procedure Code. If not appealed  within  this period, the decision  of the Board  of 
Arbitration  is final  and executed  pursuant to  the provisions of the Civil Procedure Code.  
8. The decision  of the Board  of Arbitration  may be appealed  by the parties  to the Court of Appeals  
of Tirana.  An appeal  against the decision of the Board  of Arbitration,  does not suspend the 
implementation  of fees  which  are the subject  of mediation. 
 
PART  VIII 
IMPLEMENTATION  OF RIGHTS  
Article 162 
The appl
icable rules  
1. Infringement  of the guaranteed  and recognized  rights  by law constitutes  a civil,  misdemeanor  
or a criminal liability,  as in the case,  provided by  the Law.  Page 87 of 101 2. Procedures  and civil liability  shall  be governed  by the provisions of this  section  and in 
compliance with  the legislation  in force.   
 
                                                            Article 163 
The individuals  that have  the right  to require the  implementation  of measures,  procedures  
and appropriate remedies  
1. Holders of legal  rights,  that are recognized  and guaranteed  pursuant this Law,  shall  have the 
right  to ask the court  the respect  of their rights,  by the account of each offender and 
intermediary,  whose services  are used by a third  party  for the violation  of the rights  they enjoy,  
as well  as compensation for damages  caused  by this violation. 
2. The rights  referred  to in paragraph  1 of this  Article  shall  also apply to: 
a. Individuals who are authorized by the holders of the right  for the use of the rights  
protected  by this Law,  in accordance to  the authority given  to them  for this  purpose; 
b. Professional organizations and representative  associations,  which  are authorized  to 
represent  the holders of the rights.  
3. The holder of the right  may require  the same  protection, where there is an obvious risk that a 
violation  of the rights  pursuant to  this Law  may  occur.  
4. If there is m ore holders of the same  rights  pursuant this Law,  each of them  has the right  to 
protection of his right  versus the other holders. 
5. The CMA  is entitled,  in all circumstances,  to exercise the right  of representation  to sue in court 
or in any other proceeding on its behalf  and to exercise in full legitimacy  all the rights  that 
have be en passed  or in reason  to which  the CMA  owns the license.  
6. Lawsuits  with object  the violation  of copyright or related  rights  may be brought to court within  
three years  from  the date when  the complainant became  aware  of a violation  of the Law and 
the identit y of the offender/s.   
Article 164 
 Claims  for termination  of misdemeanors 
A holder of rights, under this law, whose rights have been infringed, shall require termination 
and cessation of these infringements or those that may occur in the future, according to the procedures, stipulated by this law and the legislation in force.  Page 88 of 101  
Article 165 
Claims for compensation of damages 
In case, it is proved that an infringement of any right, under this law, has caused damages, the 
right holder claims for compensation of damages, provided by the legislation in force, in respect of compensation of damages.  
 
Article 166 
Claims  for compensation and remuneration for unauthorized use  
1.If in any case, the unauthorized use of a work of copyright or subjects to related rights 
infringes the right of the entitled holder, under  this Law, he/she or an collective management agency, which administers the respective rights , may claim the reward equal to the 
remuneration for the use, considering  the tariffs stipulated  in this Law. 
2. The right, which is collectively administered shall be deemed misdemeanor,  provided to 
paragraph 1 of this Article, when the act or subject to related rights is used without a contract or authorization of an collective management agency, or in the cases where a contract or authorization is null and void. 
3. In case, where an  illegal use of any right, under this Law, results in benefits, the right holder 
shall enjoy the right to claim the benefit acquired by a natural or legal entity, who has  infringed this right on a work of author’s  copyright . 
Article 167 
Publication  of the  judicial  decision  
1. The court may decide, upon a justified plaintiff request of the party,  and  the expenses of the offender the appropriate measures for the dissemination of  the information that relates with the publication of this decision, wholly or partly, via its communication networks.   2. In the same circumstances, the Court may decide appropriate measures for the dissemination of the information in accordance with the nature of the issue, including the publication in the widest possible way.  
 
Article 168 
Demand  for destruction,  modification  or submission  of copies  reproduced  in violation  of the  
Law 
1. The holder of the infringed exclusive right,  on the basis  of this Law,  has the right  to require 
the destruction or alteration  of all the copies  illegally  made or those copies  that are on the 
market  or that  are intended  to go into the market.  Page 89 of 101 2. Instead  of the measure referred  to in paragraph 1 of this Article,  the person whose rights  
pursuant this Law is violated, has the right  to claim  that the offender who is in possession  of 
the copies  referred  to in paragraph  1 of this Article,  or is their owner, has to deliver  such copies  
against  a compensation that  does not exceed  their  production costs.  
3. The provisions of paragraphs 1 and 2 of this Article  shall  apply to architectural  works only 
when  there is  a special  justified  reason  for its  destruction or surrender.  
4. If the measures  referred  to in paragraphs  1, 2 and 3 of this Article,  are in any case 
disproportionate to the nature and severity  of the offense,  and the offense can otherwise be 
repaired, the court, within  the scope of the request  may order  other necessary  measures  for 
such a case.  In such a case,  the holder is entitled  to a minimum compensation, no less than 
what  he/she would get for the authorized use of the  relevant  right  
5. The measures  referred  to in paragraphs 1 and 2 of this Article  shall  not apply  to the separate  
parts  of the legitimate  copies  produced and placed  on the market.   
6. The provisions of this Article  shall  apply mutatis  mutandis to the materials  and /or equipment, 
which  is used  or intended for the production of copies, that violate  the basic rights  pursuant 
this Law,  or which  are exclusively  or mainly  intended  for this  purpose. 
7. The provisions of this Article  shall  not apply if the destruction  of the materials  and/or 
equipment mentioned in paragraph 6 of this Article  will cause a greater  damage  that the 
damage  caused  by the violation of the rights  pursuant to this Law,  unless this relates  to the 
materials  and/or equipment, exclusively  or mainly  intended for violations of the rights pursuant 
this Law.  
8. Claims  pursuant this Article  shall  be exercised  within  3 years  from  the date on which  the holder 
has become aware of the illegal production of the materials  and/or equipment or otherwise if 
they either  are or are intended to  go into the market.  
Article 169  
The protection of Non-property rights  
The provisions of Article 170 and 171 of this law, which are subject to the exercise of personal 
non-property rights and of their protection, apply mutatis mutandis pursuant to the provisions of 
this section, as far as the nature of these rights applies.  
Article 170  
Protection of authorship 
The requirements, protecting personal non- property rights that relate to the authorship of a work, 
aim the neutralization or destruction of a copy, or the production of this work, only if the damage cannot be repaired by an amendment, a note on the work, or by advertising the authorship.  Page 90 of 101 Article 171 
Violation  of the  work 
The requirements  and actions in defense of the personal non- property  rights, related  to violation  
of the integrity  of a work,  aim the neutralization  or destruction of a copy  or the production of the 
deformed  fractured  or changed  work,  unless is  materially  impossible  to copy  or reproduce it back  
in its original form  at the expense of the part y who  opposes the neutralization  or destruction. 
Article 172 
Compensation for  the damage 
1. For the offenses  pursuant to this Law,  the provisions of this law will be applicable in 
accordance to  the legislation  in force  which  manage damage  provision. 
2. The offender  shall  pay the holder of the right  damages  in the amount to be determined  by the 
general  rules  for compensation/damages,  or the amount that is agreed  between  the parties,  or 
by compensation  for legitimate  use of that  offense. 
3. If a right  is violated  intentionally  or recklessly  pursuant this Law,  the right  holder can demand  
the agreed  payment between  them  and appropriate reward  for this use, from  the person who 
has violated  his right,  an amount not less than twice the reward,  regardless  of whether  he/she 
has suffered  damage due to the violation. 
4. When  deciding on the request for the determination  of a damages  and the determination  of 
their amount, the court shall  consider all the circumstances  of the case,  and in particular,  the 
scale of the damage  of the offender, the agreed  amount of the remuneration  or a reward  from  
the legitimate  use.  
Article 173 
Preliminary  measures  during  the violation of  rights   
1. The court may order  an temporary  measure to ensure the claim  for the termination  or 
prevention of violation, if by the request  of the holder of the right  under this Law,  his/her rights  
have been  violated  or are about to be violated  or there  is reason  to believe  that the rights  of the 
plaintiff  are violated, or the situation  may be exacerbated  in cases  when  there is possible reason  
to believe that: 
a) The risk that the protection of the claim  will be impossible  or very  difficult,  exists;  
b) The adoption of an temporary  measure is necessary  to avoid damage  that would be 
hardly repairable later;  
c) A preventive measure may prove unfounded during the process,  so that there would be 
no negative consequences  (destructive)  to the alleged  infringer,  who cannot  adapt  to 
this measure that  is being  requested  by the holder. Page 91 of 101 2. Under the provisions of paragraph  1 of this Article , and in accordance  with the rules  of civil 
procedure the Court can:  
a. order the opposing party  to cease or respectively  withdrawn  from  the acts and actions 
that violate  the right  acquired  under this law; This measure may be granted under the 
same conditions against an intermediary,  if it is proved during the trial that his/her 
services  are used by a third  party  for the infringement  of copyright and/or other related  
rights;  
b. the seizure or removal  from  the market  of illegal goods that  infringe the acquired  right 
under this law, or submission of samples  or the holders physical  works, instruments or 
equipment suspected  of being used in violation  of the copyright and/or other related  
rights,  in order to  prevent their  entry  or movement in  the market;  
3. At the reques t of the holder of the right  pursuant to this Law,  when  there is reason  to suspect  
that the plaintiff's  rights  are violated  on a commercial  scale,  with the aim of commercial  or 
economic benefit,  and in cases  where  such violation is a potential danger  that may cause 
him/her  irreparable damages,  the court, other than the temporary  measures  referred  to in 
paragraph  1 of this Article,  may order  the confiscation of movable and immovable property of 
the opposing party  not directly  related  to the violation, including the blocking of bank  accounts 
and other assets.  
4. For the purposes of ordering and implementation  of the temporary measures  pursuant to 
paragraph  2 of this Article,  the court  may require  the opposing party  or to the other persons, to 
make available their bank statements,  financial,  and other information of their economic  
activity,  or to access  documents and any other  relevant  information. The court will ensure the 
protection of confidentiality  of this  information, and prevent any  possible misuse  of it.  
5. At the request  of the holder of the right,  which  requires  a temporary measure,  referred  to in 
paragraphs 1 and 2 of this article,  without previously informing  the opposing party,  the court 
may order  such a measure without informing the opposing party,  whether the temporary 
measures  will not be effective or if an irreparable damage  risks  to occur.  In this case,  the holder 
must show additional reasons.  The provisional measure referred  to in paragraph  3 of this 
Article,  may be ordered  without informing the opposing party,  if the temporary  measure would 
not be effective or if,  considering the serious circumstances  of the breach,  this measure would 
be necessary.  If an ordered  temporary measure is taken  without first informing  the opposing 
party,  the court shall  communicate  this decision  to the opposing party  for temporary measures  
immediately  after  its implementation.  
Article 174 
Pr
eliminary  measures  for the  safety  and the  preservation  of evidence  
1. At the request  of the holder of the right  pursuant this Law,  when  there is reason  to suspect  that 
the plaintiff's  rights  are violated  or the that can be violated, when  there is a risk for the 
destruction of the elements  of evidence,  or when  the situation  of the offense may worsen, the 
court may order  a provisional measure t hat can involve the storage of factual  evidence available 
to the defendant or  to third  parties.  Page 92 of 101 2. The court may  order  temporary  measures  pursuant paragraph  1 of this  Article,  in particular:  
a. The inspection of places,  business records,  inventory, databases,  computer memory  
units or other; 
b. The preparation  of a detailed  description of goods/tools/materials  when  there is reason  
to suspect  that they violate a right  pursuant to  this Law;  
c. To take samples  of the object  of violation; 
ç.  The  confiscation  of goods when  there is reason  to suspect  that they infringe a right  
pursuant to  this Law;  
d. Seizure of the materials  and tools used in the production and the distribution  of goods 
when  there is reason  to suspect  that they infringe  a right  pursuant to this Law,  as well 
as related  documentation. The court shall  deliberate on the received  evidence;  it shall  
determine  the place of storage  and the panel  (entity)  in charged  with the preservation  
of the evidence;  
dh. To  appoint experts  as well  as to question witnesses.  
3. At the request  of the holder of the right  who requires  the temporary  measures  referred  to in this 
article  without previously informing  the opposing party,  the court may order such a measure  
without informing the opposing party  earlier,  if the plaintiff  has reason  to believe that the 
evidence of the plaintiff  are threatened  to be destroyed  or that an irreparable damage  may occur  
or their actual  situation  is easily  changeable.  If a temporary  measure is ordered  without 
informing the opposing party,  the court shall  commu nicate this  decision  to the opposing party  
immediately  after  its implementation.  An appeal  against  the court  decision  to ensure evidence  
does not preclude the  continuation of the trial.  
4. The m easures  provided in the preceding  paragraphs  of this article are taken  in accordance with 
the provisions of the Civil Procedure Code. 
5. The measures  for the preservation  of the evidence are taken  after the complainant,  who has 
requested  them,  proves that he/she has sufficient  financial  capacity  (guarantees,  cash etc.) to 
provide compensation for any  violation  that may  incur to  the defendant from  these measures.  
6. The measures  for the preservation of the evidence  are revoked by the court at the request  of 
the defendant,  without prejudice to  the compensation that  can be claime d, with  the fulfillment  
of 15 days from  the date of the execution  of these measures,  when  the plaintiff  fails to submit 
within  the period prescribed  by the Civil Procedure  Code, when  the the judgment is dismissed,  
the claim  is rejected  or when  the plaintif f declares  that he/she does not guarantee enough 
money for the lawsuit.   
7. Where measures  to preserve evidence are revoked at the request  of the defendant,  the court 
deliberates  by a final decision on the return  of confiscated  objects, the prohibition  for the use 
of the received  information and on the compensation regarding  the damage caused  by these  
measures.  Page 93 of 101 8. In the procedure for the preservation  of the evidence in accordance with  this section,  the court 
shall  ensure the protection  of confidentiality  of this information  and shall  prevent any potential 
abuse of confidentiality.  
Article 175  
 
Customs measures 
 
On a request of the holder of a copyright or a subject to related rights or of a collective rights 
management association, in respect of suspected rights infringement, like that of  import, export, or crossing of the border line of  the Republic of Albania,  shall be apply custom legislation on the protection of  intellectual property rights  
 
Article 176  
Right to  Information  
1. In judicial proceedings relating  to the infringement of copyright and related  rights,  based  on 
the request  of the plaintiff,  the Court may order the collection  of information  on the origin  and 
the distribution  networks of the goods or services  that infringe  the rights  guaranteed  by this 
Law,  committed  by the offender and/or any other person who: 
a. Is in possession  of goods in  violatio n of a commercial  basis;  
b. Uses  goods that  are in  violation of a commercial  basis;  
c. Provides goods of the commercial  nature,  which  are used in activities  that are  
considered  as violations;  
ç.  Who is mentioned by the person that is provided by the letters  "a", "b" or "c" as the 
person involved in the production, fabrication  or distribution  of goods or the provision 
of services.  
2. The information  referred  to in paragraph  1 of this Article,  shall  include where appropriate:  
a. The n
ames  and addresses  of the producer s, manufacturers,  distributors, suppliers and 
of the previous holders of goods or services,  as well as wholesale and retail targeted  
dealerships;  
b. Information  on the quantities  produced, manufactured,  delivered,  received  or ordered, 
as well  as determines  the price of goods or services  in question. 
3. Paragraphs  1 and 2 shall  not apply when:  
a. Different  provisions entitle  the right  holder to  obtain more  complete  information; 
b. The use of information  transmitted  in accordance with this Article  is regulated  by 
various provisions in  civil or criminal proceedings; Page 94 of 101 c. The court, on the basis  of information  available,  has reason  to believe that the right  to 
information  is misused: 
ç. The sharing  of the requested  information  would force  the person referred  to in paragraph  
1 to admit the participation  of his/her or relatives  or of his participation  to accept  in the 
violation  of copyright or a related  right;  
d. Disclosure of information is not permitted,  in accordance with the rules  on the 
protection of confidentiality  of the inform ation  of the sources  or the processing  of 
personal data.  
4. The provisions of this  Article  shall  apply without prejudice to  the preceding  provisions of this  
Law,  which  regulates  the acceptance of evidence.  
Article 177 
Codes of standards and conformity of products related  to the implementation  of copyright 
and related  rights  
1. The competent  state bodies or the entities  authorized  by the former,  based  on the legal  
provisions in force  on the standards and conformity,  develop and adopt technical  codes  in order 
to ensure the oversight of the rights  provided by  this Law,  especially  to those rights  regarding  
such codes  that allow  the identification  of producers and of the importers  of the products 
related  to the implementation  and enforcement  of copyright and related rights,  that are fixed  in 
an optical  drive.  
2. The methods for the drafting  and adoption of codes  of standards and conformity  as well as 
their publication are determined  by the decision  of the Council of Ministers.  
Article 178 
Supervision  and inspection  related  with  the implementation  of copyright and  related  rights  
1. The control, for implementation  of this Law,  in the domestic  market,  is made in accordance  
with the Law for inspection by the inspectorate covering the area of the supervision of the 
market,  from  the Ministry  responsible for trade.  
2. The organization and functioning of the inspectorate is determined  by the decision  of the 
Council of Ministers  in accordance with  the Law of inspection. 
3. Inspectors  decide to penalize the offenders  with a fine and additional penalties  when  they 
identify  violations during the inspection carried  under their jurisdiction, when  an 
administrative  offense  was committed.  
4. In any case,  the scope of control consists on the physical  product and/or in the control of the 
permit i ssued  by the holders of the rights  or by the licensed  collective  management  agencies,  
pursuant the provisions of this  Law.  
5. The Inspectorate referred  to in paragraph 2 of this Article,  shall  cooperate with customs and 
tax authorities,  State  Police  and with the economic crime  structures,  as well as with any other Page 95 of 101 institution  responsible for the implementation,  and supervision of the observance of copyright 
and related  rights  or their  legal  holders. 
PART  IX 
ADMINISTRATIVE OFFENSES  
Article 179  
Offences and administrative measures  
1. It constitutes  an administrative  offense and its punishable by  a fine based  on the provisions of 
this Article,   for the violation  of copyright and related  rights  carried  out by a person, when  not 
a criminal offense,  as well as  the a ctivity  of any person  if: 
a. Without the authorization of the author, the individual discloses  for the first time to the 
public, or uses the work  without mentioning authorship, or without authorization 
distorts,  modifies  a work  or uses it in a way that violates  the honor and reputation of 
the author (relevant  Articles  of moral  rights);  
b. Without the authorization  of the author or the holder of copyright, or of an CMA,  there  
are reproductions of a work  of the author (Article  26); 
c. Without the authorization  of the author or the holder of copyright, or of an CMA  
distributes,   rents  or takes  other actions  for the purposes of sharing  of  the work  of the 
author (Article  27, 28);  
ç.  Without the authorization of the author or the holder of copyright, or of an ACM  (the 
individual) communicates  to the public a copyrighted  work  in any manner           (Article  
29); 
d. Without the a uthorization  of the author or the holder of copyright, or of an ACM  
transforms  a copyrighted work  (Article  30); 
dh. Without the authorization of the author or the holder of copyright, or of an ACM  (the 
individual) does not pay remuneration  for the reproduction of a work  of copyright  for 
private use or other personal  use, according  to the Law (Article  31); 
e. Without the authorization  of the author or the holder of copyright, or of an ACM  (the 
individual) does not pay remuneration  for public lending, according  to the Law (Article  
32); 
ë.   Without the authorization of the author or the holder of copyright, or of an ACM  (the 
individual) does not pay compensation for the rights  of resale,  according  to the Law 
(Article  33); 
f. Distributes  or possesses a copy  of a computer program for commercial  purposes, 
knowingly or having the opportunity to verify  that it is an illegal sample,  or any other 
tool that avoids technological  measures  for the protection of a computer program (the 
relevant  section  of this  Law);  Page 96 of 101 g. (The  individual) does not list the name,  pseudonym or any other indication  of an 
interpreter  and/or performer,  unless the latter  has stated  in writing  that he/she does not 
want  to be mentioned, or when  he/she uses his work  in public, or without the 
authorization of a interpreter  and/or performer  distorts  or modifies  the appearance,  or 
uses the work  in a way that violates  or may violate  the honor and reputati on of 
performers  and/or interpreter  (Article  108); 
gj. Without the authorization of the interpreters  and/or performers  or of the ACM,  (the 
individual) infringes  the exclusive rights  to their  property  (Article  109); 
h. Without the authorization of the producers of phonograms or of the ACM,  (the 
individual) infringes  the exclusive rights  to their  property  (Article  113); 
i. Without the authorization  of the producers of first fixations/registrations  of movies or 
of an authorized distributor where the producer has transferred  his rights,  (the 
individual) violates  their  rights  in conflict  with  the Law (Article  116); 
j. Without the authorization  of an organization/media  service providers who illegally  
violates  their  exclusive rights  (Article  117); 
k. Without the authorization of a publisher and without paying  compensation for the 
reproduction for the private  use of photocopies or of other personal  use (Article  118); 
l. Without the a uthorization  of a creator  of a database,  (the individual) issues or makes  
available to  the public, conveys to  the public or  illegally  uses  its data (Article  121); 
ll.  (The  individual) avoids technological  measures  for the protection of copyright and 
related  rights  in (Article  154); 
m. (The  individual) removes  or alters  the electronic information  management  of copyright 
and related  rights  in (Article  155). 
2. The person in charge  of the legal  person (administrator)  will be punished for the offenses  
provided for in  paragraph  1 of this  Article,  a fine  on the amount of 100,000 to  500,000 ALL.  
3. The person shall  be punished for the offenses  provided for in paragraph  1 of this Article  by a 
fine on the amount of 100,000 to  500,000 ALL.  
4. The natural  person, employee  of any class  or any other  self-employ,  respectively,  shall  be 
punished for offenses,  provided for in paragraph 1 of this Article,  a fine in the amount of 50,000 
to 200,000 ALL,  when  the offense is committed  while  performing  his/her activities  while  
knowing or having the opportunity to know, to verify  if he/she was carrying out an illegal  
activity.  
5. Facilities  and tools intended to be used to carry  out the offenses  pursuant to paragraph  1 of this 
Article,  shall  be confiscated  and destroyed  by the relevant  structures  according to the Law,  in 
accordance with  the legislation  in force  on administrative  violations. 
6. A legal  e ntity  or natural  person who commits  an offense pursuant to paragraph 1 of this Article,  
in the exercise of their  commercial  activity,  the measures  to halt their  trading  activities  can be Page 97 of 101 taken,  for violation  of copyright or of related  rights,  for a period of one year,  taking into account 
the seriousness of the offenses  and the repetition  of such  violations by  them.  
7. Inspectors  have  the right  to request  the assistance  of the State  Police  if they stopped in the 
exercise of their  legal  powers,  in accordance with  the provisions of Law on inspection. 
8. The fine, pursuant to paragraph  1 of this Article,  may not be given  if three  years  have passed  
from  the date of the  offense. 
9. It is punished with a fine of 10 000 to 100 000 ALL  every  user subject,  which  is in violation  
of the provisions of this Law,  for carrying  out the payment of compensation against  the 
author/ACM or their  representatives.  
10. In case of recurrence,  the maximum punitive measures  provided for in paragraph  1 of this 
Article  shall  be doubled. 
11. Revenues  that derive from  the fines  will go  to the state  budget. 
Article 180  
Failure to enforce the limitation of copyright and related rights 
1.Any legal  entity   shall  be punished for a misdemeanor  by a fine amounting from  20,000 up to  
200,000 ALL,  when:  
a. fails to provide the persons  who ar e authorized, pursuant to the provisions of Articles  72 
to 78 of this Act, to use a copyright work  or the subject  matter  of related  rights, who have 
proved that the conditions laid down in Article  70 of this Law have been  full filled,  with 
the means  enabling them  to use a copyright work  or a subject  matter  of related  rights , in 
accordance with the limitations  of Articles  72 to 78 of this Law,  as referred  to in Article  
87, paragraph  1, under  this  Law.  
b. fails to indicate  the application  of technological  measures  on a copy  of author’s  work  and/ 
or the subject  matter  of related  rights  produced or imported  for commercial purposes, as 
referred  to in Article  87 paragraph  1 under  this  Law.  
2. The person charged  of  a legal  entity  (administrator)  shall  be punished for a misdemeanor  by 
a fine  amounting from   10,000 up to  100,000 ALL,  as  referred  to in paragraph 1, of  this  
Article.   
 
3.The natural  person  shall  be punished for the misdemeanor,  as referred   to in paragraph  1 of this  
Article,  by a fine  amounting from   10,000 up to  100,000 ALL. 
  
4.The
 natural  person, employee  of any   category,  or any  other self -employed  person, 
respectively,  shall  be  punished for a misdemeanor,  as referred  to in paragraph  1 of this  Article,  
by a fine amounting from   50,000 up to  200,000 ALL,  where the  misdemeanor has  been   
committed  during the performance of her/his activities.  Page 98 of 101  
Article 181 
Failure  to provide information for  collective management  agencies  
1. Any legal  person, who does not submit /provide to the CMA,  under this Act,  the complete  
information  regarding  the use of the rights  which  are collectively  managed  by such association  
within  15 days from  the date of such use, unless otherwise provided by a legal  transaction, 
shall  be punished for a misdemeanor  by a fine amounting from  50,000 up to  200,000 All.  
2. A responsible person in a legal  person  shall  be punished for the misdemeanors as referred  to 
in paragraph  (1) of  this Article  by a fine  amounting from  20,000 up to  100,000 ALL.  
3. A natural  person shall  be punished for the misdemeanor  referred  to in paragraph 1 of this  
Article,  by a fine  amounting from  20,000 up to  100,000 ALL. 
 
4. The natural  person, employee  of any  category,  or any other  self-employed  person, 
respectively  shall  be punished for a misdemeanor,  as referred  to in paragraph  1 of this Article,  
by a fine amounting from   50,000 up to 200,000 ALL,  where the misdemeanor  has been   
committed  during the performance of her/his activities.  
 
Art
icle 182 
Unauthorized  Collective  Management  
1. Any legal  person, which, without the authorization or contrary  to the minister  competent  
authority  for the licensing  of copyright, performs  the collective  rights,  shall  be punished for a 
misdemeanor  by a fine  amounting from  200,000 up to  500,000 ALL.  
2. The person, charged  of a legal  person  (administrator)  shall  be punished for a misdemeanor as 
referred  to in paragraph  1 of this Article,  by a fine amounting from  100,000 up to 500,000 
ALL.  
Article 183 
Misdemeanors and administrative  measures  against CMA  
1. Actions or inactions of collective  management  agencies  of copyright constitutes  administrative  
infringement  when: 
a. until March  31st of each preceding  year (the CMA -s) do not submit   the  annual  
statement  of account  and do not declare  revenues  resulting  from  the discount of 
commission  for representing  authors and / or other artists.    
b. in the annual statement  of account submitted  in the preceding  year,  the revenues  
declared   are inaccurately;  Page 99 of 101 c. (The  CMA)  does not claim  fees,  as defined in  this Law,  and in such  case,  they  are 
punished by  a fine,  respectively,  for the letters  (a), (g) and  (c)  of this  paragraph with  
5 000 ALL per   each day of delay , while  for the letter  (b) of this  paragraph, with  5 
percent  of the amount not  declared  per each day  of delay.  
 
2. The action  or inaction  of any person  who hinders the representative of the Albanian  Directorate  
of Copyright to exercise his competencies,   defined on the provisions of this Law and on sub-
legal  Acts,  in execution  of this Law,  constitutes  an administrative  infringement which  shall  be 
punished by  a fine  of 100 000 up to  250 000 ALL.  
Article 184 
Appeal   and execution  of administrative  measures 
The appeal  against  the decisions of the inspection bodies as  defined  in this Law,  shall  be pursuant 
to the law on inspection, whereas  the procedures of ascertains, reviews, decision making, appeal 
and execution of fines shall be pursuant to the legislation on administrative infringement. At the end of administrative appeal procedures, the appeal shall be claimed to the administrative court within the time and manner, laydown in the provisions of Law no. 49/2012 "On the organization and functioning of administrative courts and administrative disputes".  
                                                                   Article 185 
Public  awareness  of copyright 
Albanian Public Radio and Television broadcasts monthly educational programs for public awareness of copyright, in compliance with the law on audiovisual media in Albania. These educational programs have a timing  of 90 minutes and are transmitted from 8
00 till 2200. One of 
these programs, of 30 minutes duration is obligatory broadcasted from 14 00 till 2100. Due to this 
Article, the ministry competent on copyrights drafts a  monthly calendar of progra ms and activities, 
for displaying them to the public, by intent to increase public awareness on copyright.  
 
Article 186  
Protecting the copyright and related rights of foreign authors  
1. Th
e works of the authors/ right  holders, foreign  individuals shall  be protected  under the 
provisions of this Law,  and international agreements,  in which  the Republic of Albania 
adheres.  
2. The subject  rights  related  to copyright, in case the entitled   holders are not Albanian  citizens,  
benefit  the same protection under the provisions of this Law,  and according to  International 
agreements,  in which  the Republic of Albania adheres,  only if  exercised  within  its territory.  Page 100 of 101 PART  X 
TRANSITIONAL PROVISIONS  
Article 187  
                                                              Procedures  in Process   
1. Concerning the procedures of registration  of copyright, that have not been  completed  up to  the 
date of entry  into force of this Law,  the provisions of the Law in force  shall be applied  at the 
time of application. 
2. Concerning the procedures  of infringement of copyright,  that  have not been  completed  up to 
the date of entry  into force of this Law,  the provisions of the Law in force  shall  be applied  at 
the time  of the beginning of the proceedings. 
3. Until the establishment  of the inspe ctorate responsible for copyright and subject  to related  
rights,  inspectors of the Albanian  Office  conduct the inspection for Copyright, pursuant to  the 
provisions of this  Law and the Law of inspection. 
4. The licensed  collective  management  agencies  of copyri ght and subject to related  rights  shall  
conduct a review  of statutory  acts and fulfilment of the criteria’s  within  6 months of the entry  
into force  of this  Law,  in compliance with  the provisions of this  Law  and the implementing  of 
sublegal  Acts.  Agencies  shall submit in  the DC  a copy  of these acts. 
5. Paragraph  8 of Article  32 of this Law shall  be in force  on the date of accession  of Albania to 
the European Union.  
6. The Albanian  Office of Copyright shall  continue its operation until the relevant  established  
structures  shall  start their full functioning, under this law, but in any case not later than 6 
months from  the entry  into force  of this law.  
Article 188  
Sublegal provisions  
1.The Council of Ministers, within 1 month following the entry into force of this  Act, shall be 
charged to enact implementing sublegal acts referred to article18, paragraph 1, article 32, 
paragraph 8, article 156, paragraph 3, article 157 , paragraph 4, article 177 , paragraph 2, article 178, paragraph 2,  under this  Law.  
2. The Minister, competent for Copyright, within 1 month from the date of entry into force of this 
Act, shall be charged to enact the implementing regulations and orders referred to article 146, paragraph 1, article 147 , paragraph 2, article 156 , paragraph 1, article 157 , paragraph 3, article 158 , paragraph 2 and article 158 under this Law. 
3. The Minister, competent for Copyright, within 1 month following the entry into force of this 
Act, shall be charged to enact the implementing commentary and manual  Page 101 of 101 Article 18 9 
Cease of validity  
Law No. 9380, dated  28.4.2005 "On  copyright and  other related  rights,  “amended  and the 
sublegal  Acts in  law  enforcement   shall  be ceased   of validity  up to  the date of entry  into force 
of this  Law.   
Article 190  
Entry into force  
This Act shall enter into force 6 months following its publication in the “Official Gazette”