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DOI: 10.5593/sgemsocial2017/12/S02.062

GENERAL KNOWLEDGE ON COPYRIGHT IN KOSOVO AFTER THE YEAR OF 2001

A. Jashari
Thursday 28 September 2017 by Libadmin2017

References: 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2017, www.sgemsocial.org, SGEM2017 Conference Proceedings, ISBN 978-619-7408-14-0 / ISSN 2367-5659, 24 - 30 August, 2017, Book 1, Vol 2, 505-512 pp, DOI: 10.5593/sgemsocial2017/12/S02.062

ABSTRACT
This article discusses the Copyright in Kosovo after the year of 2001. Copyright is defined as the totality of legal standards that which arrange social relations arising from the creation and evaluation of scientific, literary-judicial works. Copyright defines in two meanings in the objective and in the subjective sense. In objective sense, copyright includes complexity of legal standards which stipulate legal relations for intellectual creativity in the field of literature, science, art, and other legal provisions which stipulate issues concerning or arising from intellectual product Whereas, copyright in the subjective sense of character represents the absolute legal authority regarding intellectual creativity that has the quality of a work. The discussion is primarily focused in the legislative framework of the developments as well as in the relevant case law after the 2001. The Law on copyright and other related rights of Kosovo, determines how the the work of author is considered from the areas of literature, science, art and other areas of works, regardless of type. Author of work is the subject of the right who has created the work, first or last name or whose nickname is written on work. The piece of art is entitled to copyright protection as when meeting the terms foreseen by the positive rules of the country in which the protection of the author’s right is requested. For a creation to be considered as a piece of art, the following three (3) essential conditions without which we can not have a piece of art should be met: Creation should bare the character of an intellectual creation of an individual, or a group of people; To be expressed in a concrete form that can be perceived by the human senses and make recognizable to man; Creation has to be original. In legislation copyright works are explicitly calculated on bases copyright exist, thus copyright works are regarded as: verbal acts, written works; music works;theatrical works; pantomime and choreographic works; screen works; photograph works ; works of art; architecture works; works of screenplay;the works of applied art; cartographic works; scientific nature presentations, educational or technical. Copyright contain:Exclusive powers to protect personal invulnerability of the author and the author’s personality (hereinafter: the moral rights); Exclusive economic powers to protect the economic interests of copyright (hereinafter: the economic rights (property) of the author);- Other copyright powers (hereinafter: the other rights of the author. The Law on Copyright and Related Rights of Republic of Kosovo has explicitly divided the copyright into two groups: economic and moral rights of the author. Moral right of the author, according to its character is: absolute exclusive and strictly personal, and as a rule can be transferred only to achieve moral right of the author.Moral rights of the author are inextricably linked wit the author, until he is alive and even after his/her death.Only one part of them is transferred to the inheritor. The economic right (property) of the author relying on its nature is an exclusive and absolute right acting as erga omnes. Besides for moral and economic rights, the Law on copyright and other related rights of Republic of Kosovo addresses some of the other rights of the author.The author has the right to access to the original or a copy of his/her work, which is in the possession of another person (hereinafter: the proprietor), when he needs it to reproduce or processed the work, and if he does not essentially affect the reasonable interests of proprietor. In case of resale of an original work of art and after its first alienation by the author, he/she is entitled to be notified for resale, as well as the right to compensation in the amount as stipulated by the by law. The right of public lending is the right of the of the for author reasonable compensation, when the original or copy of a work is in disposal through a public institution, to be used for definite period and without direct t or indirect economic benefit. According to the law on copyright and other related rights of Republic of Kosovo restrictions of copyright are executed through two forms; Free use of copyright without author’s permit and appropriate compensation and General cases of copyright limitations without author’s permit and appropriate compensation. All copyrights as well as economic rights are entitled to legal protection. Protection of author’s creativity, is of particular significance because it promotes creativity, creates economic security and interests and with protection economic interests are benefited According to copyright other related rights to it,depending on committed violation,protection of copyright can be accomplished in the following ways: in civil, criminal and administrative aspect. If no agreement is reached for the in addition to violation of copyright between the parties, the interested persons may approach the civil court for resolving the dispute.Legal copyright law means that along with protection in violation of the copyright, the same may also require compensation of damage. Compensation of damage includes loss consequences and lack of profit. Copyright also can be protected through criminal process, namely violation of copyright is a criminal offense. Criminal protection is stipulated wit the laws for copyright and also with penal code. By the law is also stipulated the responsibility of legal persons who are convicted of offenses, including a fine in cash when making violation of copyright. Copyright is entitled to international protection. With international law are created standards through which the intellectual property means the copyright is protected and is secured as well as other rights of property character. Intellectual creativity shaped character in the works of author is of universal character. Verbal works are translated into foreign languages, stage works are performed throughout the world, works of art are exhibited in various places, stage performances appear in different places. Significant developments in the field of copyright have been in the post war period years in Kosovo.Legal infrastructure started to constitute in during the year 2000 regarding the right of copyright and other related rights, so in 2004 the Assembly of Kosovo adopted the law on copyright and other similar rights, the law which is currently in force.

Кеywords: copyright, author of work, moral right, economic rights, legal protection.

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