Collective administration of copyright

In the Official Gazette of 15.06.2021 was published Instruction no. 336, dated 10.6.2021 “For a change in the instruction no. 385, dated 13.10.2020, "On determining the criteria and procedures for obtaining a license for collective administration of copyright, its renewal, as well as determining the criteria and procedures for suspension and revocation of the license", under Law no. 35/2016, dated 31.03.2016, "On copyright and other related rights", as amended, which enters into force immediately after publication in the Official Gazette.

The latest changes relate to additional criteria for obtaining a license such as the Collective Rights Management Agency (AAK), which to perform the competencies of collective administration of copyright, in addition to what is provided in law no. 35/2016, dated 31.3.2016, they must now submit a written consent statement from the holders of rights that authorize them to administer their rights as well as evidence of the expression of will for mutual representation with foreign agencies in the Albanian language.

The deadline for submitting this statement is within 6 months after obtaining the license for the relevant category of copyright or other related rights.

For the renewal of the license, AAK must have a contract accompanied by complete lists of titles of works, which will be administered and must certify the observance of reciprocity relations with these foreign agencies that already have an agreement/contract.

These changes are necessary for the collective administration of copyright and other related rights, as the availability of a contract signed between an AAK and the right holders as well as the provision of what exactly these rights will be, indicates the avoidance of any abuse that may be made in connection with the administration of these rights and the numerous lawsuits that have had as their object precisely the contestation on the deficiencies listed above.