Legal Aspects of Copyright in Albania

AuthorElona Hoxha
PositionAlbanian University Tirana
Pages134-141
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
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
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 scienti 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 scienti 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
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
eld o
f
co
py
right law, the most t
yp
ical case is the s
p
eci 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

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