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 LAW No. 8788, dated May 7, 2001 ON NON-PROFIT ORGANIZATIONS In reliance on articles 78 and 83 point 1 of the Constitution, on the proposal of Council of the Ministers, THE ASSEMBLY OF THE REPUBLIC OF ALBANIA DECIDED: CHAPTER 1 GENERAL PROVISIONS Article 1 Object of the Law This law sets out rules for the establishment, registration, functioning, organization and activity of non-profit organizations, which follow purposes in the good and interest of the public.. Article 2 Definitions Within the meaning of this law, the following phrases have these meanings: 1. "Public collection of funds" means the collection of funds by means of broad-scale public awareness campaigns. 2. "Competent state organ" means the state organ whose field of competency is the same as or similar to the field of activity of a nonprofit organization or the state organ specified by law. 3. "Non-profit organization" means associations, foundations and centers whose activity is conducted in an independent manner and without being influenced by the state. 4. "Non-profit activity" means any economic or non-economic activity on the condition that the income or properties of the non-profit organizations, if there are any, are used only for the fulfillment of the purposes specified in the charter of the organization.

�5. "Temporary activity" means activity exercised by a foreign non-profit organization in Albanian territory for the fulfillment of specific concrete purposes during a calendar year for a period of no less than 30 consecutive days and no more than six months. 6. "Activity in the good and interest of the public" means any activity that supports and develops spiritual and other humanitarian values for the individual and society, protects human life or health, secures and realizes public and social services, help and support in cases of disasters, protects the environment and develops culture and education about it, supports and develops cultural and historical values and traditions, science, education, physical and spiritual education, helps in the development of good habits and democratic values as well as any other aspect in the good and interest of the public. Article 3 Subjects of the Law The subjects of this law are the associations, foundations and centers contemplated in article 2 point 1 of this law. Trade unions, political parties and other non-profit organizations whose activity, organization and functioning is regulated by separate law are not subjects of this law. Everyone has the right to collective organization without needing to register this as a non-profit organization. CHAPTER II GENERAL PRINCIPLES Article 4 The Right to Establish and Participate Every natural or juridical, local or foreign person has the right to establish a non-profit organization, to be a member of it or to take part in its management organs or in the administrative personnel of the non-profit organization. Article 5 The Principle of Protection and Respect for Human Rights Non-profit organizations base their activity on the principle of respecting, protecting and implementing the fundamental human rights and freedoms provided in the Constitution, laws and international agreements ratified by law. Article 6 The Principle of Independence from the State Non-profit organizations exercise their activity in a manner independent from state organs and interests. Article 7 Relationships of Non-profit Organizations with State Organs The state supports and encourages the activity of non-profit organizations. The realization by the state of conditions and facilities for non-profit organizations to achieve the purpose and object of their activity is done by law. State organs do not interfere in the activity of non-profit organizations. A prohibition or limitation of the activity of non-profit organizations is done only in the cases and the manner specified by law. Article 8 Civil Rights and Duties

�Non-profit organizations have rights and carry out duties in conformity with the provisions of the Civil Code, except when it is provided otherwise in this law or other legal provisions. CHAPTER III NON-PROFIT ORGANIZATIONS Article 9 Forms of Non-Profit Organizations The establishment, forms, organization, functioning and field of activity of nonprofit organizations is done in conformity with the Civil Code and with this law. Article 10 Division of Non-Profit Organizations according to Organization Depending on the manner of organization, non-profit organizations are divided into: 1. non-profit organization with membership: Non-profit organizations with membership are established by the free will of natural or juridical persons. The minimum number of founding members is five natural persons or at least two juridical persons. Every member has the right to leave the non-profit organization for any reason. The charter may provide rules on the responsibility of the member who leaves in connection with the duties and responsibilities of the organization against third parties up to the moment the member leaves. The responsibility of the member who leaves is the same as that of other members of the non-profit organization for activity performed up to the moment of leaving. The highest steering organ of a non-profit membership organization is the general meeting or assembly of all of its members. Other steering organs are elected and are responsible to this highest organ. 2. non-profit organizations without membership: Non-profit organizations without membership are foundations and centers. Non-profit organizations without members are created by one or more persons or by testament. The highest steering organ of non-profit organizations without membership is the board of directors. Article 11 Centers 1. A center is a juridical person, without membership, that has the object of its activity the performance of services and the realization of projects for purposes in the good and interest of the public, with funds and income

�secured according to law. It is not permitted for a center to perform profitmaking activity. 2. A center is created by one or more natural or juridical persons, by notarial act. 3. The act for creation of a center is registered in court on the request of its founder. 4. The respective legal provisions for a foundation are applied to the establishment, organization and functioning of a center, except when it is expressly provided otherwise in this law and other legal provisions. Article 12 Division of Non-Profit Organizations according to the Law Depending on the place of their registration, non-profit organizations are divided into: 1. local non-profit organizations: Local non-profit organizations are those which are established, recognized and registered as such according to Albanian law. Local non-profit organizations may establish their branches in the center or in any other territorial-administrative unit of Albania. These branches are not separate legal persons, but part of the organization. Local non-profit organizations have the right establish their branches, affiliates and so forth outside the territory of Albania. 2. foreign non-profit organizations: Foreign non-profit organizations are those organizations established, recognized and registered as such according to the law of another country. Foreign non-profit organizations are permitted to exercise one or more specific activities in the territory of Albania, provided that they do not conflict with the Constitution and Albanian legislation. Foreign non-profit organizations are also permitted to exercise their activity in the territory of Albania by establishing and registering, according to Albanian law, a branch or a new nonprofit organization. CHAPTER IV ESTABLISHMENT AND REGISTRATION OF NON-PROFIT ORGANIZATIONS Article 12 [1] Founding Subjects Non-profit organizations are founded by natural or juridical persons, local or foreign. Article 13

�Registration of Non-Profit Organizations Non-profit organizations that are subjects of this law acquire juridical ability after they are established and registered in court, in conformity with the conditions and procedures provided for in the law. Branches of foreign nonprofit organizations are also subject to the same registration procedures. The founders of a non-profit organization meet and approve its establishment act and its charter, and may also authorize one or more persons to perform the acts of registration. The conditions contemplated in the second paragraph of this article are not applicable to foundations that are established based on the basis of a testament. If they meet the legal criteria, these foundations shall be registered by respecting the general juridical-civil rules of execution of a testament. The procedures for the registration of non-profit organizations in court and the deposit of their documents into the respective Register are regulated by separate law. Article 14 Judicial Personality A non-profit organization is recognized as a juridical person on the day the decision of the court for its registration becomes final. After it has gained juridical personality, a non-profit organization is responsible to the third parties for the obligations and damages caused during its activity. The juridical personality of a non-profit organizations terminates on the day the decision of the court for its de-registration becomes final. Article 15 Duration of non-profit organizations Non-profit organizations are established with or without a term. The duration of the activity of a non-profit organization and the rules for changing it are set in its charter. Article 16 Establishment Act The establishment act is the document through which its founders express their will to establishment the non-profit organization. A foundation may also be established through a testament. In that case, the testament constitutes the establishment act of the foundation. The establishment act is drafted in writing and contains, in a summary manner: the type, name, headquarters, identity of the founders, purposes and field of activity, duration, the name of the person authorized to follow the necessary procedures for the registration of the non-profit organization and for its legal representation relation with third parties. In the case of a foundation, the establishment act shall show the nature, source and value of the property necessary to fulfill the aim and field of activity of the foundation. In the case of establishment of a foundation through a will, its content does not have to provide all the items indicated in the third and fourth paragraphs of this article. Decisions for changes in the act of establishment with respect to the name, symbol, object, purposes, field of activity of non-profit organizations, as well decisions to transform it into another form of non-profit organization, shall be submitted to the court within 30 days from the date the decision is taken. Changes in the establishment act are subject to the same procedure used in the case of initial registration of the organization.

�Article 17 The Charter The detailed regulation of the issues of organization, functioning and activity of the non-profit organization is provided in its charter. The charter of a non-profit organization is drafted by the founders and approved in the founding meeting of the organization. If the case of the establishment of a foundation through a testament, the charter may be drafted and approved by the executor of the testament, except when the testament provides otherwise. The charter of a non-profit organization shall contain: a) the form of organization; b) the name, seal and special symbol of the organization; c) the founders; �) the purpose and field of activity of the organization; d) a prohibition of the distribution of profits; dh) the duration; e) the steering organs and their competencies; �) the composition of the first steering organs provided in the charter; h)[2] procedures and methods for electing or changing the steering organs; i) rules for holding a meeting, the participation, the manner and procedure of voting to take decisions; j) criteria for administration of property; k) the manner of approving an amendment of the charter, the establishment act and the internal rules; l) rules for the merging and dissolution of the non-profit organization; ll) the method of legal representation; m) rules for liquidation and the destination of property after the termination of the organization. In addition to what is mentioned in the third paragraph of this article, the charter of an association shall also indicate: a) rules for acceptance and of expulsion of members;

�b) the rights and duties of members; c) rules related to membership dues. In addition to what is mentioned in the third paragraph of this article, for a foundation and centers the charter shall also indicate the financial and material sources provided by the founder and the manner of their use. Article 18 Amendment of the Charter The amendment of the charter of an association is done by a general assembly of its members. If the charter does not provide for a higher voting majority, amendments to the charter are done by a simple majority of the members of the association. In the case of a foundation and centers, their highest decision-making organ, in conformity with the procedures provided in the charter, has the competency to amend the charter. If the foundation was established by a testament, an amendment of the testator's will cannot be done when it is specifically prohibited in the testament. The decision of the general assembly or the highest decision-making organ of a non-profit organization to amend the charter is deposited in the Registry of Non-Profit Organizations, according to the procedures set by law. CHAPTER V ORGANIZATION AND FUNCTIONING Article 19 Decision-making Organs The highest decision-making organ of a non-profit organization without membership is the board of directors, which can also have different designations, while for those with membership, it is the general assembly of its members. In conformity with the procedures specified by law or in its official documents, the highest decision-making organ of a non-profit organization holds no less than the number of the meetings provided in the charter, and also within the time provided in the charter for holding them, but in any case, no less than once a year. Article 20 Competencies of the Highest Decision-making Organ The highest decision-making organ of a non-profit organization, in addition to other issues that it deems should be examined by it, decides on amendment of the charter, specifies the fields and programs of activity, oversees and audits regularly their accomplishment, examines economic, financial and administrative questions, approves the most important acts in connection with the budget of the non-profit organization and the expenses for the coming year, issues norms for the regulation of the activity, organization and the structure of the organization, elects or appoints members of the highest executive organ, creates special committees, and also decides on other questions expressly provided in law or in the charter. Article 21 Remuneration of the members of the highest decision-making organ Members of the highest decision-making organ, as a rule, exercise their function without compensation.

�Non-profit organizations, respecting the principle of the best interest of the organization, depending on its conditions, the number and duration of its meetings, may reimburse the expenses and compensate members of the highest steering body for participation in its meetings. They are also compensated in cases when they perform specified duties. Article 22 Executive Organs A non--profit organization has a high individual or collective executive organ, which, as appropriate, may be called executive director, president, executive council, and so forth. The daily activity and execution of the programs decided on by the highest steering organ of the non-profit organization is done by its highest executive organ. The rules of activity of the highest executive organ are set by the charter and acts of the highest steering or decision-making organ. Article 23 Remuneration of Persons Who Participate in the Highest Executive Organ and of Employees of the Non-Profit Organization A member or members of the highest executive organ and the employees of the non-profit organization earn wages, compensation and reimbursement for expenses incurred during the exercise of their duties and competencies. Article 24 The Number of Members of the Highest Decision-making Organ The highest decision-making organ of a non-profit organization without membership may not have less than three members, except when the charter provides otherwise. The highest decision-making organ meets with the participation of more than half of its members and decides by a majority of the members present. The highest decision-making organ of a non-profit organization with membership may not have fewer than five members, except when the charter provides otherwise. The highest decision-making organ meets with the participation of more than half of its members and decides by a majority of the members present. The highest decision-making organ may create other decision-making, executive or advisory bodies, when the charter permits it or when the charter does not expressly prohibit it. Article 25 Responsibility of the Members of the Steering Organs and Employees Members of the decision-making and executive organs, as well as employees of the non-profit organization, are not responsible for its obligations towards third parties, except for cases when, in the exercise of duty, willfully or by serious negligence, they have caused damage to third parties. Article 26 Conflict of Interests and Prohibited Agreements A conflict of interests between a non-profit organization and a member of the decision-making or executive organ or its employees is not permitted. The cases of conflicts and the procedures for resolving them are provided in the charter and in other legal acts. Agreements between a non-profit organization and a member of the steering and executive organ or one of its employees may be permitted only if they are entered into to fulfill a purpose or object of the activity of the non-profit

�organization, only if they are fair and in conformity with real market value. These agreements may be permitted only if they are examined beforehand by the steering organs. Interested persons shall be excluded from the discussions and the voting on the agreement. In a case of conflict of interest either a prohibited agreement or a consummated one, and if the above procedures are not followed, the nonprofit organization may invalidate the agreement and bring a lawsuit in court for indemnification. Article 27 Resolution of a Conflict of Interests Each member of the highest decision-making or executive organ of a nonprofit organization shall withdraw from the examination and decision-making on any question where he or his family members have direct or indirect economic or personal interests. Each financial transaction for the account of a non-profit organization, with a member of the steering or executive organ or an employee of the non-profit organization, or another juridical or natural person, when the member of the decision-making organ, the executive organ or the employee of the non-profit organization has a financial interest, may be concluded only if the highest decision-making organ permits it and if the transaction contains the most favorable conditions for the non-profit organization. Paid employees may not be members of the decision-making organ of a nonprofit organization. They may participate in their meetings without the right to vote. Article 28 Resolution of Disagreements Disagreements among the members, between them and the decision-making and executive organs or between them and the employees are solved in good faith and in conformity with the charter and rules of the non-profit organization, otherwise the question is resolved by the court. CHAPTER VI FOREIGN NON-PROFIT ORGANIZATIONS Article 29 The Activity of Foreign Non-profit Organizations Foreign non-profit organizations have the right to exercise temporary or permanent activities in the Republic of Albania, respecting Albanian legislation and good customs and under the same conditions with those of local nonprofit organizations. For the exercise of their activity in the Republic of Albania, foreign non-profit organizations may establish and register the non-profit organizations, or their branches, according to Albanian law. Article 30 Permission for Temporary Activity Except when it is provided otherwise in bilateral or multilateral agreements, foreign non-profit organizations, in order to exercise temporary activity, on their application receive only preliminary permission of the state organ that conducts activity in the same field or in fields similar to the foreign non-profit organizations. The decision of the respective state organ to issue a temporary license for activity is given no later than one month from the date of submission of the

�request. Otherwise the approval is considered as given. Refusal of any request can be appealed in court within 30 days of receipt of notice. Temporary activities that last no longer than 30 consecutive days do not need temporary permission. Article 31 A Request and Associated Acts for Obtaining Permission for Temporary Activity Foreign non-profit organizations that intend to exercise temporary activity, besides meeting the other requirements of this law, and receipt of the permission of the respective state organ that exercises activity in the same field or in fields close to that of the foreign non-profit organization, together with the request shall also present the following documents a) A document that shows they are a juridical person in their country of origin; b) A declaration from the foreign non-profit organization itself, that the activity it intends to realize in Albania is in conformity with the purpose for which it was created and with the legislation of that country. The accompanying acts issued in other countries shall be authentic or certified regularly by the competent organ of the country where the act was issued, translated and notarized in the Albanian language. Article 32 Documents Necessary for the Registration of a Branch of a Foreign Non-Profit Organization Foreign non-profit organizations that intend to establish a branch in Albania, in addition to meeting the other requirements of law, also accompany the request for registration with the establishment act and the charter, together with the decision of its competent organ for the opening of a branch in Albania. Accompanying documents issued in other countries shall be authentic or certified regularly by the competent organ of the country where the act was issued, translated and notarized in the Albanian language. Article 33 Rights and Duties In the conduct of their activity, foreign non-profit organizations have all the rights, facilities and legal obligations as if they were local, except when it is otherwise provided by law or international agreement. CHAPTER VII LICENSING, INCOME AND ECONOMIC ACTIVITY Article 34 Licensing For the realization or support of the purpose and object of activity contemplated in the charter, non-profit organizations have the right to exercise any kind of lawful activity. When the exercise of an activity is subject to the need to obtain a license or permission, the non-profit organization submits a request to the competent organ, which, after determining that it fulfils all the criteria and the relevant legal procedures, gives it the respective license or permission.

�In the registration decision, the judge shall also give an expression about the fulfillment of the obligation to request and obtain the respective license or permission as a condition for the exercise by the non-profit organization of the activity that is subject to licensing or permission. A copy of the permission or license obtained by the non-profit organization, certified according to law, is deposited in the respective register of the court. Article 35 Sources and Use of Income The sources of income of a non-profit organization are income from dues, when there are such, grants and donations offered by private or public subjects, local or foreign, as well as income from economic activity and the assets owned by the non-profit organization. Non-profit organizations acquire income from the sources recognized by this law and incur expenses only to realize the purpose and object of the activity for which they were created, as well as to manage and maintain their property. No form of distribution of profit or financial and material advantage benefit from the income and profits of the non-profit organization is permitted to the persons to are subjects of the charter or establishment act, except for obligations in the form of salary, wages, payments, emoluments and compensation that derives from an employment contract or another contracts similar to it or to cover expenses performed on the order and for the account of the non-profit organization. In special cases, associations may give financial aid to their members, outside persons or other subjects. Associations may give such assistance also from donated funds or those put at their disposition, when the donors have expressly granted such a right. Article 36 Economic activity A non-profit organization has the right to exercise economic activity for the realization of the purpose and object of its activity. A non-profit organization may exercise economic activity without having to create a separate subject for this reason, provided that the activity is in conformity with the purposes of the non-profit organization, has been declared as one of the sources of income, and provided that the activity is not the primary purpose of the activity of the organization. If a non-profit organization realizes profits through the exercise of economic activity, it shall be used to accomplish the purposes specified in the charter and the establishment act. Article 37 Collection of funds Non-profit organizations have the right to perform activities for the collection of funds and to use them for meeting the purposes and object of their activity, or to support the purposes and activities of other non-profit organizations. The rules for the public collection of funds are determined by separate law. Article 38 Relations with donors Financial relations and mutual rights and obligations with donors are realized in conformity with the respective agreements, but respecting the requirement of the charter of the non-profit organization and of this law. Financial or material assistance given for illegal purposes or which is obtained through illegal sources is not allowed.

�Article 39 Donations and Contracting with State Organs Non-profit organizations have the right to take part, like all other juridical persons, in the filed of undertaking projects, tendering and procuring grants, contracting and purchases and sales by state organs of public services, public properties and goods, as well as the transferring of public services and the respective properties from the public sector to the non-profit organizations. Article 40 Relief and Exemption from Fiscal Obligations Relief and exemptions of non-profit organizations from tax and customs obligations are set by law. Regardless of the form of organization, the purpose they follow and the activity they exercise, non-profit organizations are exempt from tax on revenues realized from donations and membership dues. Natural and juridical persons who give assistance by donations to non-profit organizations are entitled to obtain relief from income tax according to law. Article 41 Supervision of Non-Profit Organizations The competent state organs have the right to supervise non-profit organizations regarding the implementation of tax and customs legislation, social insurance legislation, the licensing of the exercise of economic activity, contracting of the exercise of public and social services, and for the fulfillment of their activities with funds from the State Budget. CHAPTER VIII TRANSFORMATION, MERGER, INTERRUPTION OF ACTIVITY AND DISSOLUTION Article 42 Transformation and merger Non-profit organizations have the right to be transformed or merged by a decision of the competent organ according to the basic act and are considered dissolved upon the registration of the new subject. The transformation of an organization without membership, merger with another non-profit organization or their division can be done only when it is contemplated in the charter. Transformation and merger of foundations and centers into associations or of associations into a foundation is not permitted. Article 43 Self-dissolution A non-profit organization is dissolved on its own initiative. Article 44 Dissolution by Court Decision A court may decide the dissolution of a non-profit organization on the request of its members, its decision-making organs, or the competent state organ in cases when: a) the activity of the non-profit organization comes into conflict with the Constitution; b) the non-profit organization performs illegal activity;

�c) the non-profit organization was not established according to the requirements of law; �) the non-profit organization has gone bankrupt according to the law of bankruptcy. Except when the activity of the organization constitutes a serious threat to the public, the court shall inform the organization in writing about the violation of law and give it 30 days to correct its activity. Article 45 Manner of Examining the Request The examination of a request to dissolve a non-profit organization is done in the presence of representatives of the non-profit organization, of the supervising organ and, as the case may be, the members who presented the request. When, on the request of the interested parties contemplated in the first paragraph of article 44, the court assesses that it is the case, it preliminarily recommends to the non-profit organization to take action to conform its program or activity with the Constitution and this law, in a set time period, suspending the examination of the case. When the recommendations are applied properly, the court decides to end the adjudication. Otherwise, it examines the case after the set time period has been completed. Article 46 Liquidation When dissolution has been decided by the non-profit organization itself, the liquidation is realized by one or more liquidators, designated according to the charter and always before de-registration by the court. When the court decides on the dissolution, it also designates a liquidator, vesting in him the competencies necessary for the conduct of the liquidation procedure. In all cases, the liquidators have authority and responsibility over the assets, the property and the representation of the non-profit organization and of [word missing], from the date of their appointment until the conclusion of the liquidation. Article 47 The Activity of the Liquidators The liquidators evaluate the financial condition of the non-profit organization and its property at the moment of the taking of the decision for its dissolution, and they identify all the possible creditors and debtors. After the payment of the obligations that the organization has to the state and to other creditors and the receipt of obligations from third parties, the liquidator values the property that remains and sees that this property goes to the destination specified by the charter, its competent organ, the court or the law. In no case is distribution or disposition in favor of the members or other persons who are subjects of the charter or the establishment act of the organization or their relatives permitted. In cases when the non-profit organization has obtained tax exemptions or fiscal relief, donations from the public or state grants, all property that remains after the payments of obligations is distributed to other non-profit organizations that follow the same goals as or goals similar to the liquidated

�organization. In cases when a non-profit organization dissolves voluntarily, the organizations profiting from the property that remains are specified in the charter or in a decision of the highest decision making organ. When this specification is not done, the organizations that profit are determined by the court. Article 48 De-Registration When the dissolution has been decided by the non-profit organization itself, the competent organ according to the charter approves the final report of the liquidator and asks the court to de-register the non-profit organization. In cases when the competent organ of the non-profit organization does not approve the final report of the liquidator or the dissolution, and the court has decided in the liquidation in a judicial session in the presence of the representatives of the non-profit organization and the liquidator, it examines the final report of the liquidator and takes a decision on its de-registration. CHAPTER X TRANSITIONAL AND FINAL PROVISIONS Article 49 Supplemental Actions of Non-profit Organizations Foreign non-profit organizations with temporary activity in Albania shall submit a request for approval by the competent state organ that exercises activity in the same field or in a field close to that of the foreign non-profit organization within six months from the entry of this law into force. Otherwise, the foreign non-profit organizations with temporary activity in Albania interrupt their activity. Foreign non-profit organizations that have permanent activity with independent branches or affiliated offices in Albania and who have not registered according to Albanian law continue their activity. Within one year from the entry of this law into force, they shall submit a request and be registered in court, otherwise they lose the status of a juridical subject and their activity is considered unlawful. Article 50 Regulation of the Required Form for Existing Non-profit Organizations In cases when the activity of existing non-profit organizations is not in conformity with the provisions of this law, within one year from the entry of this law into force they shall go to court to make the necessary regulation. The court expresses itself only in the cases when the amendments deposited are not in compliance with the provisions of this law. The regulation made in implementation of the first paragraph of this article are considered amendments and not as re-registration. Article 51 Law no. 7695 dated April 7, 1993 "On Foundations" is repealed. Article 52 Entry into Force This law is effective 15 days after publication in the Official Journal. Chairman Sk�nder Gjinushi --[1] Translator's note: in this unofficial copy from Parliament, there are two article 12's, since the paragraphs were not renumbered after the last-minute

�insertion of the article on centers. This may be corrected by the time of publication. [2] Translator's note: letters f, g and gj are missing from the copy furnished by Parliament; again, this may be corrected (that is, the paragraphs may be relettered) in the published version.

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text: Index:Albanian Law No. 7564, dated April 19, 1992, on Copyright.pdf


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Law No. 7564, dated April 19, 1992, on Copyright TABLE OF CONTENTS Articles Chapter I: Chapter II: The Protection of Copyright.......................................... Derived Works and Collections .................................... Rights Which Enjoy Protection Moral Rights of the Author ........................................... Economic Rights of the Author..................................... Limitations of the Economic Rights Free Reproduction for Personal Use ............................. Free Reproduction in the Form of Citation ................... Free Usage for Teaching ............................................... Free Reproduction from Libraries and Archives ........... Free Reproduction for Legal and Administrative Purposes ........................................................................ Free Use for the Purpose of Giving Information ........... Free Use of Pictures of Publicly Exposed Works.......... Free Reproduction and Adaptation for Computer Programs ....................................................................... Free Use of Computer Programmes .............................. Free Temporary Recording by Broadcasting Organizations ................................................................ The Free Public Performance ........................................ Term of Protection Term of Protection ........................................................ Term of Protection of Anonymous or Pseudonymous Works............................................................................ Term of Protection of Photographic and Audiovisual Works of Joint Authorship ............................................ Term of Protection of Works of Applied Art ................ Calculation of the Terms ............................................... The Ownership of the Copyright The Ownership of the Copyright................................... The Ownership of the Copyright on Works of Joint Authorship .................................................................... The Ownership of the Copyright on Collective Works. The Ownership of the Copyright on the Works Created on an Employment Contractual Basis .............. Ownership of the Copyright for Audiovisual Works .... Obtaining the Authorship.............................................. Presuming of the Producer's Right ............................... Transferring of the Rights and the Licenses Transferring of the Rights ............................................. Licenses......................................................................... Form of Contracts for Transfers and Licenses .............. Purpose of Transfers and Licenses ................................ The Alienation of the Original Work or its Copies. Transfers and Licenses Concerning the Copyright of these Works................................................................... Protection of Performances, Phonograms and Programmes Acts Requiring the Authorization of the Performers ..... 1 2-3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

Chapter III:

Chapter IV:

Chapter V:

Chapter VI:

Chapter VII:

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Chapter VIII:

Chapter IX: Chapter X:

Acts Requiring the Authorization of the Producers of Phonograms................................................................... Remuneration for the Production of Phonograms ......... Acts Requiring the Authorization of the Broadcasting Organizations ................................................................ Limitations on the Protection ........................................ Signs for the Protection of the Phonograms .................. Field of Application ...................................................... The Collective Administration of Copyright and Neighboring Rights The Agencies for the Protection of Copyright............... Acts which Regulate the Operation of the Agency........ Admissions in the Agency............................................. Setting Tariffs ............................................................... Criteria for Managing Revenues ................................... Functions of Agencies of Authors................................. Guarantees for Running the Agencies of Authors......... The Common Administration of the Rights for Performances, Phonograms and Programs .................... Position of Foreign Authors .......................................... Measures and Sanctions in Case of Violation of the Rights Defined by this Law........................................... General Provisions Field of Application ...................................................... Sub-Legal Acts for the Implementation of the Law ...... [Without Title] .............................................................. [Without Title] ..............................................................

35 36 37 38 39 40

41 42 43 44 45 46 47 48 49 50 51 52 53 54

Based on Article 16 of Law No. 7491, dated 29.04.1991 "For the Main Constitutional Provisions", upon the proposal of the Council of Ministers, DECIDED Chapter 1 The Protection of Copyright 1. This law protects the literary, artistic, public and other works (hereinafter referred to as "works"), including any original intellectual creation of this nature, regardless of their form of expression as: (a) written works including computer programs; (b) lectures, addresses, sermons and other orally expressed works; (c) musical works with or without accompanying text; (d) dramatic or dramatico-musical works; (dh) audiovisual works; (e) choreographic works and pantomimes; (f) works of fine arts: drawings, paintings, sculptures, engravings and lithography;

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(g) architectonic works; (h) photographic works; (i) works of applied art; (j) illustrations, maps, plans, sketches and three-dimensional works related to geography, topography, architecture and science. The protection does not depend in the manner and form of expression, quality or aim of the work. The protection shall not extend to ideas, procedures, processes, systems, ways of action, concepts, expressed principles or discoveries, which are foreseen and explained in the work. Derived Works and Collections 2. The same protection as to the works is applied to: (a) translations, adaptations, arrangements, and other alterations of works and folkloric materials; (b) collections of works, popular sayings or data and facts as encyclopedias, anthologies and other sources of data which, by reason of the selection and arrangement of their contents constitute original creations. Protection of the works defined in the first paragraph is applied without prejudice to the copyright of the original works, which are used then for the protection of the derived works; 3. The protection provided by this law for the literary and artistic works, shall not apply to: (a) summaries of the official gazette of legislative and administrative nature and their official translations; (b) popular sayings; (c) news of the day; (d) miscellaneous facts and data. Chapter II Rights Which Enjoy Protection Moral Rights of the Author 4. The author of the work in addition to the economic rights defined by Article 5 of this law, even if they have been transferred by his desire (sic), has the right to:

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(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 honor or reputation; (d) object the joint authorship put in an arbitrary way from other persons because of different reasons. (Hereinafter, the rights provided for in this article will be referred to as "moral rights"). Economic Rights of the Author 5. The author shall have the exclusive right of authorizing: (a) the reproduction of the work; (b) the import of the work within the country with the purpose of its distribution (selling, leasing renting, loaning) for/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; The author of an audiovisual work, or any other work like phonograms, computer programs, data base, and of any other work readable in machine, has the exclusive right to authorize giving on lease of his work. (Hereinafter the rights mentioned in this article will be referred to as "economic rights"). Chapter III Limitations of the Economic Rights Free Reproduction for Personal Use 6. Reproduction of a published work without the author's approval and without payment or remuneration, according to the laws, is allowed only for personal use (use for research and scientific purposes included). The first paragraph is not applicable for:

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(a) the reproduction of architectural works in terms of a building or other constructions; (b) the reprographic reproduction of fine arts works published (sic) in limited copies, the graphic presentation of musical works, notebooks or other publications, which are meant for a single use purpose; (c) the reproduction of computer programs, excluding what provided for in Article 13; (d) any other reproduction which would come against the process of work employment or would damage the legitime interest of the author. Free Reproduction in the Form of Citation 7. It is permitted, without the author's approval and without payment or remuneration, the citing, according to the law, of a published work in another work under the condition that in the citation must be included the source and author's name, if it is in the original work. The citing has to be honest, correct and it must not exceed the context of its original use. Free Usage for Teaching 8. It is permitted the free usage of a work for teaching, without the author's approval and without payment or remuneration, upon the condition that in the citation must be included the source and author's name, if it is in the original work. It is permitted to: (a) use a published work, according to the law, for illustrations in publications, broadcasts or sound or visual recordings for teaching; (b) reproduce, my means of reprography, special articles published according to the law in a newspaper or magazine; to reproduce written pieces taken out of a published work according to the law, or a short full work published according to the law, for the purpose of teaching or for the period of the exams in educational institutions. The activity of these institution must not bear any direct or indirect profit purpose and the use of the work must be always honest. Free Reproduction from Libraries and Archives 9. The reproduction from a library or archive, which activity does not bear any direct or indirect profit purposes, is permitted without the author's approval and without payment or remuneration. The copy under discussion belongs then to the fund of the library's archives with the purpose of: (a) storing and if necessary (in case of loss or overuse) replacing the work itself; (b) replacing of a copy (lost, damaged or overused) for the permanent fund of another library or archive. These procedures can take place if it is not possible to buy an original copy for a long period of time and under reasonable conditions.

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Free Reproduction for Legal and Administrative Purposes 10. The reproduction of a work is permitted, without the author's approval and without payment or remuneration, for the purpose of using it in a court case or in other administrative processes within a reasonable required extend. Free Use for the Purpose of Giving Information 11. It is permitted without the author's approval and without payment or remuneration but the obligatory citing (mentioning) the source and the author's name if it is in the original work: (a) the reproduction and distribution by the press, the broadcasting or the communication to the public by wire of any article published in newspapers or magazines treating an economic, political or religious issue or of any other broadcast work, if the right of reproduction, broadcast or any other similar communication to the public is not expressly limited; (b) the reproduction and offering to the public, in case of news on current events, of a work seen or heard during that event, by means of photography, cinematography, broadcasting or communication to the public by wire, without exceeding the informatory purpose; (c) the reproduction by the press, broadcast or by other mass media means of political speeches, lectures, reports, sermons and of other works similar to them, held on public places, as well as the speeches held during legal proceedings, when all these have an informatory purpose (hence not exceeding this informatory purpose). The authors of these works have the right to publish works summaries. Free Use of Pictures of Publicly Exposed Works 12. It is allowed without the author's approval and without payment or remuneration the reproduction, broadcasting or the communication to the public by wire of a picture of an architectonic work, of a fine arts work, photographic work or applied arts work placed in a public area, excluding the cases when the picture is the main theme of the reproduction, broadcasting or communication and when it is used for commercial purposes. Free Reproduction and Adaptation for Computer Programs 13. The legal owner of a computer program is permitted, without the author's approval and without payment or remuneration, to make a copy or adaptation of such a program, if this copy or adaptation is: (a) indispensable for the usage of the computer program and for the purpose the program is legally obtained;

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(b) used for archives and if necessary (in case of lost, damage or overuse) to replace the legally obtained copy. The copy or the adaptation provided for in the first paragraph is destroyed in cases when the ownership of the copies of the computer programs is no more legal. Free Use of Computer Programmes 14. The author's approval is not obligatory if the reproduction of the code and the adaptation ("translation") are necessary to get the required data for the interaction of a computer program which is created independently of the other programs. The reproduction can be made upon the following conditions: (a) when this action is done by means of a license, by another person who has the right to use the copy of the program or by any authorized person; (b) when the necessary data for interaction are not previously given to the persons mentioned in paragraph "a"; (c) when these actions are limited in those parts of the original program which are indispensable for the creation of the interaction capacity. The use of the following data is prohibited because of the provisions of the first paragraph: (a) for a purpose different from that of interacting capacity of the computer program created in an independent way; (b) for giving them over to third parties, except for the cases when this is indispensable for the interacting capacity of the computer created in an independent way; (c) for the development, production and handing over of a similar computer program concerning the way of expression or for any other purpose which violates the copyright. The provisions of this article must not be interpreted in such a way that causes its applications to come contrary to the normal use of the computer program, or infringes the legitimate rights of the author. Free Temporary Recording by Broadcasting Organizations 15. A broadcasting organization can record for temporary use, by its own means, a work on which it enjoys this right without the author's approval and without special remuneration. This agency is obliged to destroy this recording within six months from the day of recording it, except when there is an agreement with the author for longer terms. However, a recording of this kind may be stored in official archives even without an agreement, if it has special historical or documenting values.

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The Free Public Performance 16. It is permitted without the author's approval and without payment or remuneration the public performance of a work during the activity of a school institution, prepared by the staff, if the audience is simply the staff and the students of that institution, the parents or tutors of the students, as well as other people who have a direct relation to the institution. Chapter IV Term of Protection Term of Protection 17. Unless otherwise provided in this chapter, the moral rights of a work are protected forever and the economic rights of a work are protected during the whole author's life and 70 years after his/her death.1 Term of Protection of Anonymous or Pseudonymous Works 18.2 The moral and economic rights of an anonymous or pseudonymous work are protected for 70 years from the first day of the first legal publication of the work. If the identity of the author is disclosed before the expiration of the term, the provisions of Article 17 and 18 are applied, according to the case. Term of Protection of Photographic and Audiovisual Works of Joint Authorship 19.3 The moral and economic rights of a photographic or audiovisual work of joint authorship are protected for 70 years from the day this work is legally offered to the public or in a contrary case, for 70 years from the day of the production of the work, i.e. 70 years after its creation. Term of Protection of Works of Applied Art 20. The moral and economic rights of works of applied art are protected for 25 years from the day of its production. Calculation of the Terms 21. The term provided by this Chapter lasts to the end of a calendar year.

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Chapter V The Ownership of the Copyright The Ownership of the Copyright 22. The author of a work is the first owner of the moral and economic rights on his work. The Ownership of the Copyright on Works of Joint Authorship 23. The co-authors of a work of joint authorship are the first co-owners of the moral and economic rights of this work. But, if this work can be divided into parts (i.e. if its parts can be reproduced, stored or used separately), the co-authors have the independent rights for these parts of the work, maintaining the co-ownership of the rights for the common work. The Ownership of the Copyright on Collective Works 24. The owner of the moral and economic rights of a collective work will be the physical person or the legal entity on whose initiative and direction the work was created and whose name appears as the author of the work. The Ownership of the Copyright on the Works Created on an Employment Contractual Basis 25. If the work is created by an author for a physical person or a legal entity (hereinafter referred to as "employer") on an employment contractual basis and during employment period, the first owner of the moral and economic rights will be the author, unless the contract provides otherwise. The economic rights of such a work will be considered transferred to the employer at the required extent for the proper activities that the employer accomplishes at the time the work is created. Ownership of the Copyright for Audiovisual Works 26.4 The producer of the audiovisual work will be the natural or juridical person that undertake the initiative to create the work. The contract between the producer and the compositor and the others authors of an audiovisual work provides for the transfer to the producer of the right to use of the audiovisual work, without prejudice to the moral and economic rights of the author. The audiovisual work is considered finished when the final version is decided upon agreement between the author or co-authors and the producer. The remuneration of the authors for the use of the work is made according to the circumstances and manners of usage.

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Obtaining the Authorship 27. In order that the author of a work is recognized to be as such, and consequently to have the right to make a legal complaint in case of procedure violation, in lack of contrary facts, it will be enough that his name appears in the work in the usual way. In case of an anonymous or pseudonymous work, the editor, whose name appears in the work has the responsibility to represent the author, and when there are no contrary facts, he has the right to protect the author and ask the enforcement of the author's right. This paragraph is not valid when the author discloses his identity and proves the claim on the work's authorship. Presuming of the Producer's Right 28. The natural or juridical person, whose name appears on an audiovisual work as the producer of this work, will be considered the producer of such a work if there are no facts to contradict this. Chapter VI Transferring of the Rights and the Licenses Transferring of the Rights 29. Transferring the economic rights can be done by assignment between the living people, by provisions of legal heritage or by will. Moral rights can not be transferred between living people, but can be transferred by provisions of legal heritage or by will. Licenses 30. The author of a work may issue a license to third persons to perform activities which are included in his economic rights. These licenses may be exclusive or non-exclusive. The non-exclusive license enables the licensee the right to perform activities related to the author and to other licensees according to the rules. Exclusive license enables the licensee the right to perform activities which exclude others, even of the author itself, according to the rules. No license can be considered as a non-exclusive one apart from cases when it is expressly defined in the contract between the licensee and the author. Form of Contracts for Transfers and Licenses 31. Contracts for transferring the economic rights as well as the exclusive licenses, for performing activities included in the economic rights, are made in a written form.

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Purpose of Transfers and Licenses 32. The transfer of the economic rights and licenses, for performing activities included in the economic rights, can be limited to the performance of some specific activities as well as to the time period, purpose, territorial extension, width and the ways and means of usage. The fact that the name of the territory in which the economic rights are transferred or the license is given to act according to the economic rights, is not mentioned is considered as a limitation of the transfer or the license within the territory in which the transfer is made. The fact that the extension, ways and means of usage for which the transfer of the economic rights is made or the license to act according to the economic rights is granted, is not mentioned, is considered a limitation of the transfer or the license to the extension, ways and means of usage, that are necessary for the provided purpose at the time when the right of transfer or the license is granted. The Alienation of the Original Work or its Copies. Transfers and Licenses Concerning the Copyright of these Works 33. When the author alienates the original or a copy of his work, it is not considered that the economic rights and the grant of a license for performing activities included in the economic rights are transferred too, unless it is provided otherwise by the contract. Despite the first paragraph, the legitimate buyer of an original work or its copy, has the right to expose the original work or its copy directly to the public, unless the contract provides otherwise. The privilege defined in the second paragraph does not include the persons who possess the original works or their copies because of a rent, lease or other ways, without being the owners of the original work or of its copy. Chapter VII Protection of Performances, Phonograms and Programmes Acts Requiring the Authorization of the Performers 34. No one can undertake the following acts without the authorization of the performers: (1) The broadcasting of their programmes, except for the cases when the programme consists of: (a) a fixation of the performance, excluding the registration done according to the provisions of Article 39; (b) a rebroadcasting authorized by the organization which has broadcasted the programme for the first time;

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(2) The communication to the public of their performance, except for the cases when this performance consists of: (a) the fixation of the programme; (b) the broadcasting of the performance. (3) The fixation of the unfixed performance (4) The reproduction of fixation of their performance in the following cases: (a) when the performance is fixed once without the authorization of the performers; (b) when the reproduction is done for purposes other than those authorized by the performers; (c) when the performance is first fixed in compliance with the provisions of Article 35, but the reproduction is done for purposes other than those defined in that article. In case of absence of a contractual agreement that provides otherwise or of the employment condition, out of the which the contrary is deducted; (a) the authorization to broadcast does not mean authorization to great license to other organization to broadcast the performance; (b) the authorization for broadcasting does not mean authorization to fix the performance; (c) the authorization for the fixation of the performance and the reproduction of the fixation does not mean the authorization to broadcast the performance; (d) The authorization for broadcasting and fixing the performance does not mean authorization for reproduction and fixation. The provisions of the first and second paragraph, letters `c' and `d' are not applicable from the moment that the performers give the authorization to include their performance in a visual and audiovisual fixation. None of the paragraphs of this article takes off the right of the performers to sign contracts in more favorable conditions for their performances. The term of protection provided for in the article lasts for 50 years, starting from the end of the year in which the performance took place Acts Requiring the Authorization of the Producers of Phonograms 35. Without the authorization of the producers of phonograms no one can; (a) reproduce directly or indirectly the phonogram; (b) import any copy of the phonogram;

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(c) lease or loan copy of the phonogram The term of protection provided for in the first paragraph lasts for 50 years, starting from the end of the year, in which of the phonogram was produced for the first time. Remuneration for the Production of Phonograms 36. If a phonogram published for commercial purposes, or its reproduction, is directly used for the broadcasting or the communication to the public, the user pays to the producer a remuneration, upon agreement, for the performers and the producers of the phonogram. If there is no agreement between the performers and the producer, then the half of the remuneration the producer has been given, shall go to the performers by the producer. The obligation for a remuneration, as provided in this article, ends up in 50 years, starting from the end of the year in which the phonogram was for the first time produced. Acts Requiring the Authorization of the Broadcasting Organizations 37. No one can undertake the following acts without the authorization of the broadcasting organizations: (1) The rebroadcasting of their programmes (2) The fixation of their programmes (3) Reproduction of the fixation of their programmes: (a) When the fixation on which bases a reproduction is done, is realized without the authorization of these organizations, or (b) When the broadcasting is firstly fixed in accordance with the provisions of Article 39, but the reproduction is done for other purposes from those mentioned in that article. As provided in this Article, protection ends up in 50 years, starting from the end of the year, in which the broadcasting took place. Limitations on the Protection 38. Articles 35, 36 and 37 of this law are not applied when acts provided by these articles are undertaken; (a) for private use, teaching or scientific research, on these condition that the use does not conflict with the normal use (of a performance, phonogram or broadcasting) and always without prejudice at a large scale to the legitimate interests of the holders of the rights provided in this chapter; (b) for issuing current topics, provided that only short pieces of a performance, phonogram or broadcast are used; AL001EN Copyright, Law (Consolidation), 19/05/1992 (19/04/1995), No. 7564 (No. 7923) page 13/19

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(c) for citations, in short pieces from a performance, phonogram or broadcast, provided that these citations concur with the usual practice of the informatory purpose of these citations; (d) for other purposes which are included in the limitations for the economic rights of the literary and artistic works, as provided in Chapter III. Requirements for an authorization mentioned in the Articles 35, 36 and 37 to fix performances and broadcastings, to reproduce published phonograms for commercial purposes, are not taken into consideration when the reproduction is done by a broadcasting organization with its own means and for its own programmes only in case of: (a) broadcasting the fixation of a performance or of its reproduction, as defined by this paragraph, the broadcasting organization has the right to broadcast exactly this performance; (b) broadcasting the fixation of a program or its reproduction or such a fixation of a program made according to the conditions of this program, the broadcasting organization has the right to broadcast exactly this program; (c) a fixation, made according to this paragraph, or its reproduction, the fixation of any reproduction is destroyed within sixty days, except for a single copy which can be preserved only for archive purposes. Signs for the Protection of the Phonograms 39. As a condition for the protection of the phonograms provided for by Articles 35, 36 of this law, all the copies of the published phonograms and their packages must bear the sign "P" (which must be circled), accompanied by the date and the year of the first publication, with the purpose of making known that it is a protected production. If the copies or their packages does not identify the producer or the buyer of the patent, by giving the name, the production mark or other notes, then the name of the holder of the rights of the productions must be included in the notes. When the copies or their packages do not identify the main performers, the notes then must include the name of the person who has the right of the authorship of these performers, as provided by this law. Field of Application 40. The protection of the performers as provided by Articles 35 and 36 of this law is applicable when: (a) the performer has the Albanian citizenship; (b) the performance took place in the territory of Albania; (c) the performance is fixed in a phonogram, which is included in the protection's rights, as provided by the third paragraph; (d) the performance which is not registered in the phonogram, is included in a testament which enjoys the right of protection as provided by the third paragraph. AL001EN Copyright, Law (Consolidation), 19/05/1992 (19/04/1995), No. 7564 (No. 7923) page 14/19

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The protections of phonograms provided by Article 36 and 37 is applicable when: (a) the headquarters of the organization is in Albania; (b) the program is broadcasted by a station situated in Albania. This law is applied also for performances, phonograms and programs which must be protected in accordance with the conventions on which Albania adheres. Chapter VIII The Collective Administration of Copyright and Neighboring Rights The Agencies for the Protection of Copyright 41.5 The authors may protect their rights themselves. When they can not exercise these rights themselves, they have the right to found agencies for the protection of their rights in a collective way. The agencies of authors are private companies of partners which do not have commercial aims and operation of which is guided by a statute and the general regulations. The agencies are created according to the branches of art. Acts which Regulate the Operation of the Agency 42.6 The agencies operate in accordance with this law, other legal and sub-legal acts as well as with their own statutes and regulations approved by the Minister of Culture, Youth and Sports. Admissions in the Agency 43.7 The agencies accept for co-operation between all the branches of art all the authors, their heirs, producers of records, cassettes or films and those who bear the authorship. The prerogative attributes of the agencies are determined by open voting in the General Assembly, which functions as defined by its own statute and general regulations, prepared by the agencies and approved by the Minister of Culture, Youth and Sports. Setting Tariffs 44.8--(1) The tariffs for the users of the artistic property on the part of budgetary or non-budgetary institutions are regulated by Law No. 7581, dated 7.7.1992 "On Prices and Tariffs" or by contracts between the users and the collective agencies founded according to the branches of art. Users of the intellectual property in the field of art and culture, budgetary or non-budgetary, within 15 December of each previous year are require to enter into contract with agencies of authors, to determine obligations of parties and tariffs that should be paid such agencies of authors for next year.

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The use of literary works without contract and without the authorization of the agencies of authors is a infringement of copyright and entails penal responsibility. (2) Tariffs for distribution are set after discussions between authors and commissions and after approval by the administrative board of the agencies of authors. Criteria for Managing Revenues 45.9 Agencies are required to manage strictly equally all rights provided to them. They respect the principle that any member should take his portion which belongs to him from the use of his work. Such remuneration is distributed each year, each six or three months for each author or co-author. The Minister of Culture, Youth and Sports supervises the agencies. The authorized representatives of the Minister attend the meetings of the agencies and intervene only in case of infringement of the normative acts that regulate their activity. Functions of Agencies of Authors 46.10 The agencies of authors have the following functions: (a) negotiate on the conditions and remuneration to be paid and issue authorizations for actions included in the exclusive economic rights administered by the agencies; (b) collect remuneration for the authorizations mentioned in item (a); (c) distribute collected remuneration to the authors; (d) carry out other activities, for which they are authorized by the authors as provided for by Article 48 on the exercising of the exclusive economic right that they administer. Guarantees for Running the Agencies of Authors 47.11 The administration of the rights as provided by in the Article 46 must not restrict the exclusive economic rights administered by the agencies of authors. In order to guarantee and prevent such restrictions, all decisions for methods and rules of collecting and distributing remuneration, as well as for other important aspects of administrative actions of agencies are taken by authors who are protected by agencies. The authors whose rights are administered by the agencies, are provided with regular, full, and detailed information on the activity of their agency, for exercising their rights. Without the authorization of the authors, whose rights are administered directly or through their representatives, no remuneration collected by the agency of authors can be used for other purposes, except purposes relating to covering actual overhead cost of rights in question and distributing the remaining portion of remuneration after the cost mentioned above is deducted. AL001EN Copyright, Law (Consolidation), 19/05/1992 (19/04/1995), No. 7564 (No. 7923)

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The amount of the remuneration collected by the agency of authors, after deduction of the actual overhead cost, profit tax according to the appropriate law and other possible deductions that the authors themselves authorize, is distributed to the authors in a just ratio with the actual use of their works. The Common Administration of the Rights for Performances, Phonograms and Programs 48. The rights of performance, phonograms and programs mentioned in the Chapter VII (Articles 42 and 47) will be applied mutatis mutandis. Position of Foreign Authors 49. The works of the foreign authors are protected by the dispositions of this law and the international conventions to which the Republic of Albania adheres. Chapter IX Measures and Sanctions in Case of Violation of the Rights Defined by this Law 50. The authors or the persons who are enjoying their rights on a work according to this law are entitled to challenge at the court if they are hindered in exercising these rights or they record that someone else in using them unjustly. The court considers the case on the basis of norms defined in this law and decides on the moral and economic rights of the work. After the challenge made by the agency of authors or by any of their associations against the person who has made use of the moral and economic rights of the work created in the sense of this law, the penal case starts according to the provisions defined in the Penal Code. The penal case stops upon the request of the author of the work. Chapter X General Provisions Field of Application 51.12 The provisions of this act refer to: (a) works of the authors who have Albanian citizenship or live permanently in Albania; (b) works which are published for the first time in Albania, in spite of the citizenship or the inhabiting place of the authors;

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(c) Intellectual property of art works, created before this law was approved, are used according to the dispositions determined by this law provided that the economic rights are fulfilled after the proposed changes have come into power. This act is applicable to: (a) unpublished works or published for the first time in a foreign country from authors with foreign citizenship and with permanent residence in a foreign country, in the cases when the country where the author lives, or when the works are published, the country where they are published for the first time, offers the same protective measures for the authors with Albanian citizenship or living in Albania for their unpublished works or published for the first time in Albania; (b) works which will be protected in Albania in accordance with international conventions to which Albania adheres. Sub-Legal Acts for the Implementation of the Law 52. The Council of Ministers, the Ministry of Culture, Youth and Sports, the Committee of Science and Technique and the Ministry of Education are in charged to issue the instructions and the respective regulations to the implementation of this law. 53. Article 315 up to 328 of the Civil Code of the Republic of Albania are repealed. 54. This law becomes effective immediately. Law No. 7564, dated 19.05.1992 Proclaimed by decree No. 192, dated 23.05.1992 of the President of the Republic of Albania, Sali Berisha.

As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454. 2 As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454.

1

As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1950, Fletorja Zyrtare 1995, Vol. 11, page 454. As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454. 5 As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454. 4

3

As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454.

6

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7 As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454. 8 As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454.

As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454. As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454. 11 As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454. 10

9

As changed by Law No. 7923 "For Some Changes to Law No. 7564, dated 19.05.1992 "On Copyright" (Approved on 19.04.1995), Fetorja Zyrtare 1995, Vol. 11, page 454.

12

AL001EN

Copyright, Law (Consolidation), 19/05/1992 (19/04/1995), No. 7564 (No. 7923)

page 19/19

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text: Englishmen in the French Revolution/Chapter I


text: Index:Albanian Law No. 8594 dated April 6, 2000 On some supplements and changes to Law No.7564, dated 19 May 1992 “On Copyright”.pdf


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Page:Albanian Law No. 8594 dated April 6, 2000 On some supplements and changes to Law No.7564, dated 19 May 1992 “On Copyright”.pdf/1

Rh

Based on articles 78 and 83 point 1 of the Constitution, upon the proposal of the Council of Ministers,

In the Law No. 7564 dated 19.05.1992 "On Copyright" will be made some supplements and changes.

1. Letter (a) of article 1 will be changed as follows:

(a) Written works including computer programs whether in source or object code.

2. The title of article 2 will be changed as follows: "Derived works and collections"

3. The title of article 18 will be changed as follows: "Term of protection of anonymous or pseudonymous works"

4. In article 37 point 3, letter (b), the words "of article 39" will be replaced by the words "of article 38"

5. Article 50 will be changed as follows:

(a) The translation, adaptation, sound or visual recording, importation, reproduction and circulation, the entry of special instruments for recording sounds and/or images, radio and/or television broadcasting or transmission other than through radio or television, or the transmission of an artistic work by any other means without the authorization of its author or the agency to which the rights have been transferred by the author, which conflicts with the provisions of this law or the international conventions ratified by the Republic of Albania, when the author's moral and economic rights have been infringed, constitutes a criminal work and is penalized by fine or imprisonment up to one year.

(b) Disputes between the user of an intellectual property work and the author or the agency to which the rights have been transferred by the author, because of a violation of the conditions specified in the contract concluded between them, are submitted by the interested party to the relevant court for civil settlement.

6. Article 51 will be changed as follows:

"The provisions of this law shall apply to: AL002EN


text: Index:Albanian Law No. 8826, dated on November 5, 2001 On some supplements to Law No. 7564, dated May 19, 1992 “On Copyright” Al004en.pdf


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viii {|width=400px
 * Jack is dubbed a Knight by King Arthur
 * 30
 * He is accoutred by Ladies. Initial
 * 31
 * He discovereth a Giant above the Trees
 * 32
 * Jack slayeth the Giant, and delivereth a Knight and his Lady
 * 33
 * Jack setteth his foot on the Giant’s neck. Initial
 * 35
 * The Giant’s Brother awaiteth his return
 * 37
 * The Knight and his Lady thank Jack for their delivery
 * 38
 * Jack releaseth the captive Ladies
 * 39
 * A pale Herald interrupteth the Feast
 * 41
 * The Stratagem of Jack with Giant Thundel
 * 45
 * Jack maketh sport of Him, and draggeth Him out of the Moat
 * 46, 47
 * His Head goeth to Court
 * 49
 * The Lady of the Knight. Initial
 * 50
 * The Giant Galligantus
 * 51
 * Jack passeth the Fiery Griffins
 * 52
 * Destruction of Galligantus
 * 53
 * Jack goeth with Company to Court
 * 55
 * Jack slaketh his Thirst at the end of his Labours
 * 56
 * }
 * The Lady of the Knight. Initial
 * 50
 * The Giant Galligantus
 * 51
 * Jack passeth the Fiery Griffins
 * 52
 * Destruction of Galligantus
 * 53
 * Jack goeth with Company to Court
 * 55
 * Jack slaketh his Thirst at the end of his Labours
 * 56
 * }
 * 55
 * Jack slaketh his Thirst at the end of his Labours
 * 56
 * }
 * }
 * }


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 I.


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 I.

DELIVERANCE TO CAPTIVES. Lord Massareene—Capt. Whyte—Playfair—Blackwell—H. Priestley—Lord Liverpool—Rigby—Macdonagh—Rutledge. Revolution, which ended by imprisoning several hundred Englishmen in Paris alone, began by liberating two, if not three, who had grown grey in captivity. The Earl of Massareene, with thoroughly British obstinacy, had remained a prisoner for at least nineteen years rather than yield to extortionate creditors. One version of his incarceration is that, arriving in Paris, a young man of twenty-three, he was deluded by a Syrian with a scheme for importing salt from Asia Minor, and signed bills to a large amount. Rutledge, however, a fellow-prisoner, who describes Massareene as the senior inmate, doing the honours of the place to newcomers, dispelling their melancholy, inviting them to supper, and encouraging them to narrate their adventures by giving his own, makes him speak thus:—


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According to the "Souvenirs" of Nicolas Berryer, father of the Legitimist orator, Massareene had been cheated at cards, and had signed bills for the amount, spent £4000 a year in prison, kept open table, and had a carriage and boxes at the theatre for his mistresses. He had attempted to escape, it is said, in woman's dress; but the turnkey, who had taken a bribe of 200 louis, betrayed him. His chief creditor was a man of considerable influence with the Parliament of Paris. Resigned thenceforth to his fate, remittances from his Irish steward enabled him to live luxuriously. Sir John Lambert, a Paris banker, himself destined to imprisonment in the Reign of Terror, writing to Lord Kerry on August 16, 1770, says:—


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Talk:Executive Order 13219

Notes and Clarifications
The PDK mentioned here is explained: Member of Party for Democratic Progress for Kosovo (PDK).

See also :
 * Index:Blocking_Property_of_Persons_Who_Threaten_International_Stabilization_Efforts_in_the_Western_Balkans.pdf and
 * Member of Party for Democratic Progress for Kosovo (PDK)
 * Liberation Army of Preševo, Medveđa and Bujanovac (PMBLA a.k.a. UCPMB)
 * National Liberation Army (NLA a.k.a. UCK)
 * National Movement for the Liberation of Kosovo (LKCK)
 * Political Council of Presevo, Medvedja, and Bujanovac (PCPMB)
 * Popular Movement of Kosovo (LPK)

Mdupont (talk) 19:58, 23 December 2010 (UTC)

title: Talk:Executive Order 13219


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Rh wife was charmed with the richness of the vegetation and the lofty trees. Fritz left us, thinking this a favourable spot for game. We soon heard the report of his gun, and an enormous bird fell a few paces from us. I ran to assist him, as he had much difficulty in securing his prize, which was only wounded in the wing, and was defending itself vigorously with its beak and claws. I threw a handkerchief over its head, and, confused by the darkness, I had no difriculty in binding it, and conveying it in triumph to the sledge. We were all in raptures at the sight of this beautiful creature, which Ernest pronounced to be a female of the bustard tribe. My wife hoped that the bird might be domesticated among her poultry, and, attracting some more of its species, might enlarge our stock of useful fowls. We soon arrived at the Wood of Monkeys, as we called it, where we had obtained our cocoa-nuts; and Fritz related the laughable scene of the stratagem to his mother and brothers. Ernest looked up wistfully at the nuts, but there were no monkeys to throw them down.

"Do they never fall from the trees?" and hardly had he spoken, when a large cocoa-nut fell at his feet, succeeded by a second, to my great astonishment, for I saw no animal in the tree, and I was convinced the nuts in the half-ripe state, as these were, could not fall of themselves.

"It is exactly like a fairy tale," said Ernest; "I had only to speak, and my wish was accomplished."

"And here comes the magician," said I, as, after a shower of nuts, I saw a huge land-crab descending the tree quietly, and quite regardless


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Rh As soon as Jack had read this, he seized the trumpet, and blew a shrill blast, which made the gates fly open, and the very Castle itself tremble. The Giant and the Conjuror now knew that their wicked course was at an end, and they stood biting their thumbs, and shaking with fear. Jack, with his sword of sharpness, soon killed the Giant; and the Magician was then carried away by a whirlwind; and every knight and beautiful lady, who had been changed into birds and beasts, returned to their proper shapes. The Castle vanished away like smoke, and the head of the Giant Galligantus was sent to King Arthur. The knights and ladies rested that night at the old man's hermitage, and next day set out for the Court.


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52 out being seen; and on the gates of the Castle you will fine engraved by what means the enchantment may be broken."

Jack promised that, in the morning, at the risk of his life, he would break the enchantment; and, after a sound sleep, he arose early, put on his invisible coat, and got ready for the attempt. When he had climbed to the top of the mountain, he saw the two fiery Griffins; but he passed between them

without the least fear of danger, for they could not see him because of his invisible coat. On the Castle-gate hung a golden trumpet, under which were these lines:—


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114 of our presence. Jack boldly struck a blow at him, but missed, and the animal, opening its enormous claws, made up to its opponent, who fled in terror. But the laughter of his brothers made him ashamed, and recalling his courage, he pulled off his coat, and threw it over the back of the crab; this checked its movements, and going to his assistance, I killed it with a blow of my hatchet.

They all crowded round the frightful animal, anxious to know what it was. I told them it was a land-crab—which we might call the cocoa-nut crab, as we owed such a store to it. Being unable to break the shell of the nut, of which they are very fond, they climb the tree, and break them off, in the unripe state. They then descend to enjoy their feast, which they obtain by inserting their claw through the small holes in the end, and abstracting the contents. They sometimes find them broken by the fall, when they can eat them at pleasure.

The hideousness of the animal, and the mingled terror and bravery of Jack, gave us subject of conversation for some time. lVe placed our booty on the sledge, and continued to go on through the wood. Our path became every instant more intricate, from the amazing quantity of creeping plants which choked the way, and obliged us to use the axe continually. The heat was excessive, and we got on slowly, when Ernest, always observing, and who was a little behind us, cried out, "Halt! a new and important discovery!" We returned, and he showed us, that from the stalk of one of the creepers we had cut with our axe, there was issuing clear, pure water. It was the


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 "Suddenly we saw Ernest running to us, in great terror, crying 'A wild boar, papa! a great wild boar!'"—P. 115.


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Rh now, at the top of this mountain is an enchanted Castle, kept by a Giant named Galligantus, who, by the help of a vile Magician, gets many knights and ladies into his Castle, where he changes them into the shape of beasts. Above all, I lament the hard fate of a duke’s daughter, whom they seized as she was walking in her father’s garden, and brought hither through the air in a chariot drawn by two fiery dragons, and turned her into the shape of a deer. Many knights have tried to destroy the enchantment, and deliver her; yet none have been able to do it, by reason of two fiery Griffins, who guard the gate of the Castle, and destroy all who come nigh: but as you, my son, have an invisible coat, you may pass by them


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 Among the guests present at the feast were five aged gentlemen, who were fathers to some of those captives who had been freed by Jack from the dungeon. These old men pressed round him with tears of joy, and returned him thanks. One day the bowl went round merrily, and every one drank to the health and long life of the gallant hero. The hall resounded with peals of laughter and joyful cries.

But, lo! in the midst, a herald, pale and breathless with haste and terror, rushed in, and told the company, that Thundel, a Giant with an immense head, having heard of the death of his two kinsmen, was come to take revenge on Jack, and


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Rh "Art thou," cried the Giant, "the villain who killed my kinsmen? Then I will tear thee with my teeth, and grind thy bones to powder."

"You must catch me first," said Jack; and throwing off his invisible coat, he put on his shoes of swiftness, and began to run; the Giant following him like a walking castle, making the earth shake at every step.

Jack led him round and round the walls of the castle, that the company might see the monster; and to finish the work, Jack ran over the drawbridge, the Giant going after


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 On the closing of Fort l'Evêque in 1780 Massareene had been transferred to La Force, magniloquently styled by Louis Blanc the "Bastille of usury." In May 1789, Richard-Lenoir, the future reviver of the cotton industry in France, became, at the age of twenty-four, his fellow-prisoner, and his memoirs, allowing for the lapse of nearly half a century and for possible embellishments by Herbinot de Mauchamps, to whom, being himself no scribe, he apparently dictated them, may be accepted as substantially accurate. I quote the passage in full from this long-forgotten book:—

"We had for companion in misfortune an English lord, Mazaren, eighteen years a prisoner. He had married in prison the sister of another prisoner, who had since recovered his liberty. Every morning his wife and brother-in-law arrived as soon as the gates were opened, and did not leave till evening. There was something touching in the felicity of this strange household. Through them we knew of everything that was going on in Paris, and could follow, step by step, the Revolution which was beginning. Lord Mazaren especially, who had no hope except in a general overturn, was quite absorbed by it, and almost electrified us for liberty, which, indeed, for us poor prisoners, was only natural. We were not ignorant of what had happened at Réveillon's, when, on July 13, 1789, just as we were about to assemble after the opening of the doors in a kind of garden or gravelled court. Lord Mazaren suggested to us the forcing of our way out. Whether he was beforehand certain of the impassiveness of the jailors and soldiers,


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46 him with his club: but when the Giant came to the middle, where the bridge had been cut on both sides, the great weight of his body made it break, and he tumbled into the water, where he rolled about like a large whale. Jack now stood by the side of the moat, and laughed and jeered at him, saying, "I think you told me you would grind my bones to powder; when will you begin?"

The Giant foamed horridly at the mouth with fury, and plunged from side to side of the moat; but he could not get out to have revenge on his little foe. At last Jack ordered a cart-rope to be brought to him; he then


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 or whether he counted much on our daring, he assured us that nothing was easier, and that a resolute will was sufficient for success. We promptly decided. Arms had to be procured. Lord Mazaren pointed out the staircase railings, the bars of which could serve as pikes. We immediately set to work; the railings yielded to our efforts, and all of us were soon armed. The commandant, however, was speedily informed of the revolt; but fear was then gradually gaining on officials, and instead of taking strong measures, he contented himself with ordering us to carry the outbreak no further, otherwise he warned us he should be obliged to use force against us. 'So much the better,' we exclaimed on all sides. 'Kill us, and then you will have to pay our creditors.' This reply frightening him, we took advantage of his perplexity to attack the first gate, and passed through without much trouble. There were still three others to force. All the turnkeys had joined the soldiers, but several officers and privates seemed to fight with reluctance. One of them on ordering fire had tears in his eyes. However, we seized on the three gates, part of the outer wall was demolished, and we at last issued, victors, from La Force.

"Once in the street, every one thought of seeking an asylum. Lord Mazaren suggested to several of us that he should conduct us to the English Embassy. Always thoughtful and saving, I wished to re-enter the prison to fetch my things and carry them to a secure place. I was laughed at, and did not venture to insist; yet it was all that remained of my former prosperity. I therefore found myself on the streets of Paris with a more than untidy costume and twelve sous in my pocket; but I remembered my father's twelve livres, and courage did not abandon me. We were well received at the Embassy, Rue du Faubourg St. Honoré, where refreshments


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 said Jack; "for I have slain both the monsters, and sent their heads in a wagon to King Arthur, as trophies of my victory."

To shew them that what he said was true, he unlocked the gate, and set them all free. Then he led them to the great room, where they feasted plentifully. Supper being over, they searched the Giant’s coffers, and Jack shared the store among the captives. Jack started at sunrise to the house of the Knight, whom he had left not long before.

RESENTLY Jack reached the Knight’s castle, where he was received with the greatest joy. In honour of the hero's exploits, a grand feast was given, which lasted many days. The Knight also presented Jack with a beautiful ring, on which was engraved the Giant dragging the knight and the lady by the hair, with this motto:


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 were offered us, and we were taken in the Embassy coaches to the precincts of the Temple, then a place of asylum for debtors. Lord Mazaren offered us a capital dinner, and while this little feast was being prepared I went to La Force to fetch my things; but alas! it was too late. The turnkeys assured me that after our departure the mob had invaded the prison. I was about to exclaim and threaten, but was answered, 'You broke open the gates, and the mob came in by the way you came out. You do not find your things? So much the worse; you should have taken them away. Good evening.' It was an impudent lie, but I had to put up with this reply."

The Duke of Dorset in a despatch of July 16 says:—


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