Legal Aspects of Copyright in Albania

• Author: Elona Hoxha
• Position: Albanian University Tirana
• Pages: 134-141

Vo

l. 4 N

o

.

3

N

ovem

b

er

,

2018

A

cademic Journal o

f

Business,

A

dministration, Law and Social Science

s

II

PCCL Publishin

g

, Graz-

A

ustri

a

I

SSN 2410-391

8

A

cces online at www.ii

p

ccl.or

g

1

34

L

egal Aspects of Cop

y

right in Albania

PhD

(

C.

)

Elona Hoxh

a

A

lbanian

U

niversity Tirana

Ab

str

a

c

t

C

opyright should be seen as a complex, inseparable right, closely linked to the creative,

i

ntellectual and authoritative ability of the author. Copyright protection is seemingly a new

f‌i eld, but it carries many issues in itself.

A

t the center of the legal activity for the protection

o

f the author lies precisely the shield that the lawmaker decides on the author's productive

r

ights related to literary, artistic and scientif‌i c creativity. The copyright in addition to the

i

ntellectual component includes such property, expressed otherwise any productive activity

for the purpose of exploitation of the copyright work shall not be permi ed without the

proprietary authorization of the right of publication or exploitation by the respective author.

I

f

we were to analyze copyright as a legal action, it is in itself a legal arrangement in the form o

f

a bilateral contract which provides that publication of the work is carried out by the publisher,

t

he performance of intellectual activity by the author according to the agreement with the

publisher.

I

f we overlook the author's work, its purpose is not as important as the quality o

f

t

he work associated with the scientif‌i c and professional values of the author of the work. The

copyright in

A

lbania is beginning to enjoy a special legal protection, which in these cases is

aided by the implementation of

E

uropean Directives, which have brought a new legal sphere

o

n the promotion and further development of intellectual creative activity

.

K

e

y

words

:

A

uthor,

I

ntellectual Property, publishing, exploitation, originality, production

skills, creativity, publication.

I

ntr

oduc

t

io

n

E

ver

y

time we anal

y

ze

f

rom a juridical

p

oint o

f

view a right, it deals with the treatment

t

hat in its genesis, in s

p

ite o

f

the legal

f

orm, with the historical-social evolution

also di



er legal norms.

I

n such a wa

y

I

started m

y

research on the legal as

p

ects o

f

c

o

py

rig

h

t in

Alb

ania. T

h

e

l

ega

l

regu

l

ator

y

s

p

ectrum

d

ates

b

ac

k

to t

h

e 1929 Civi

l

C

ode, known as

A

hmet Zog's Code, which the co

py

right is de

f‌i

ned as "Possession”.

The legal anal

y

sis on the historical develo

p

ments in our countr

y

goes

f

urther with

t

he Communist

p

eriod, in which

I

have considered the legal acts o

f

the Council o

f

Ministers o

f

the Peo

p

le's Socialist Re

p

ublic o

f

A

lbania, and anal

y

zed two Civil Codes

1981, 1988 on

l

ega

l

reme

d

ies t

h

at ex

p

ress t

h

em

b

e

y

on

d

t

h

e narrow

p

o

l

itica

l

s

p

ace

which in this

p

eriod leads to ever

y

legal act. This historic

p

icture will be anal

y

zed to

t

his da

y

f

ollowing the great historical changes o

f

p

olitical

p

luralism, the Stabilization

and

A

ssociation

A

greements, ending u

p

with the status o

f

candidate countr

y

in the

E

uro

p

ean

U

nion. The

p

eriod that has led to legal acts im

p

lemented b

y

the

EU

in the

f‌i

eld o

f

co

py

right law, the most t

yp

ical case is the s

p

ecif‌i c law no. 35

/

2016 "Co

py

right

and Related Rights", this law is

f

ull

y

aligned with the Directives o

f

the

E

uro

p

ean

P

arliament and the Council o

f

E

uro

p

e. The

p

ur

p

ose o

f

the treatment is the im

p

ortance

of

the author’s right in

A

lbania b

y

giving awa

y

f

orever and ever

f

rom du

p

licates or