The Property Rights of the Author according to the Law on Copyright and Related Rights of the Republic of Kosovo

MSc. Vlorë Bekteshi

Abstract


Copyright, for a long time has not been regulated or protected at the desired level. The right on intellectual property, as a right of a particular kind and as the right of non-material property, is of particular importance for the contemporary reality.

The copyright, in its content, enjoys the rights of personal and property nature. The natural rights, for a long time, have been characterized as very personal rights that relate to the creator of the work itself. This has probably been because in the early times it was impossible the multiplication of the author's work because the handwriting of the work has been a rare process and difficult. Later, with the invention of the typing machine, it was noticed that the works can be easily multiplied, as such came the need to protect the authors and their rights by providing to the authors reward in the case when their work is violated.

Property rights are inseparable rights for the authors, which often serve also as stimulus for the creation of new works, but also provide reward for the effort given on the creation of the work.

Law on Copyright of theRepublicofKosovois in accordance with the rules of the European Union, but the judicial practice is not in accordance with the Law. This happens because in the reality, the property rights and the moral rights are subject to violations, and as a result is violated even one of the primary and contemporary goals: the law should serve as an incentive for the authors to write and on the other side to satisfy the public with the scientific works.

As such, the research objective of this paper is to present the property rights of copyright, the basics of the transfer of these rights, studied also at the comparative aspect.


Keywords


Author; content of the Property Rights; Law on Copyrights and Related Rights; Publication Contract

References


Alishani, A., (2006), “Studime nga e Drejta e Detyrimeve III (Studies from the Right of Obligations III), Prishtina.

Alishani, A., (2006), “Studime nga e Drejta e Detyrimeve II (Studies from the Right of Obligations II), Prishtina.

Aliu, A., (2004), “E drejta e Autorit (Copyright)”, Authorized Lectures, Prishtina.

Assam by of Kosovo, Law No. 04/L-065 on Copyright and Related Rights, Official Gazette, No.27, date: 30.11.2011.

Koçi, E., (2003), “Pronësia intelektuale (Intellectual Property)”, Tirana.

John. G. Proakis, "Wiley encyclopaedia of telecommunications" John Wiley& Sons, INC, Hoboken, New Jersey.

Plakolli-Kasumi, L, (2009), “Të drejtat e Autorit dhe të drejtat e Përafërta (Copyright and Related Rights)”, USAID, Prishtina, Module 3.

Republic of Albania, Law No. 9380 on Copyright and Related Rights, date: 28.04. 2005.

United Nations, (1948), “Universal Declaration of Human Rights”, Article 27.2.


Full Text: PDF

DOI: 10.21113/iir.v5i2.90

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Copyright (c) 2016 MSc. Vlorë Bekteshi

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