The Property Rights of the Author according to the Law on Copyright and Related Rights of the Republic of Kosovo
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.
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.
Copyright (c) 2016 MSc. Vlorë Bekteshi
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution (CC-BY) License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (SeeThe Effect of Open Access).