Unión Europea
Albania
Derecho de autor y derechos conexos
2. Please state how your legislation provides for the protection of the exclusive rights of authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne Convention (1971)).
Albanian Law on Copyright (Law No. 7564, dated 19 May 1992 and its amendments) is in compliance with Articles 1-21 of the Berne Convention. Article 1 of this Law provides for the protection of the literary, artistic, public and other works including any original intellectual creation of this nature. The protection does not depend on the manner and form of expression, neither on the quality or the aim of the work. And it is not extended to ideas, procedures, processes, systems, ways of action, concepts, expressed principles or discoveries. Article 4 deals with moral rights stating that even if the economic rights have been transferred by his desire, the author has the right to: a) claim authorship of the work, especially the right to write his name on the copies of the work. When allowed by practice and in conformity with the tradition, his name may accompany his work mentioned in public; b) remain anonymous or use a pseudonym; c) object to any distortion, mutilation or modification and to other derogatory action in relation to his work, which would be prejudicial to his honour or reputation; d) object the joint authorship put in an arbitrary way from other persons because of different reasons. And Article 5 refers to economic rights stipulating that the author shall have the exclusive right of authorizing: a) the reproduction of the work; b) the importation of the work, with the purpose of its distribution (selling, leasing, renting, loaning) to the public; c) the translation of the work; d) the preparation of adaptations, alterations or other alterations of the work; e) the public recitation of the work; f) the communication of the work to the public by broadcasting and rebroadcasting; g) the communication of the work to the public by wire or other means.