Copyright protection in case of infringement
Copyright protection in case of infringement
The cost of copyright infringement is divided between three main actors: copyright holders, platforms, and users. Rights givers, such as publishers or communications companies, inform platforms such as YouTube or Facebook about content infringement. Media respond, and users are aware that they are ultimately responsible for what they do and say online. But how will the author defend himself if he finds a reasonable violation of his rights? Of course, copyright is protected by law in Albania, as our Constitution best describes, in Article 58, paragraph 2.
Even more precisely is the LDA, in its eighth part where Article 163 6 6 expressly states that: “A lawsuit, subject to infringement of copyright or related rights, may be filed in court within three years. from the date when the plaintiff became aware of the infringement, as well as the identity of the infringer.” This provision gives us the time limit for filing a lawsuit by the author to infringe on his rights. Under our current copyright legislation, platforms that form the Internet infrastructure through which users interact, such as YouTube, Facebook, Twitter, Amazon, and Instagram, are not liable when their users violate the copyright by providing that they are not aware of the violation that as soon.
However, the individual responsible for uploading a song, video, or product that is the subject of protection may be sued again by the authors or, more often by copyright holders who have obtained copyright from, for example, communications companies, publishers, and music companies. This method is imperfect and has already attracted criticism because it shows too much bias favoring copyright holders and platforms and forgetting user rights.
About copyright in the LDA technological framework, it provides for technical safeguards where it clearly states that the author of a work, performer and executor, producers of phonograms or film (recordings), audiovisual media service providers, or database producers may establish technological rights protection measures recognized by this law. The provision further states that whether or not as a result of their infringement of copyright, related rights, or other rights protected by this law, the following actions are prohibited:
a) the avoidance of any effective technological measures by the person who performs the act of release knowingly or who has reasonable grounds to know that they are pursuing this objective;
b) producing, importing, distributing, selling, renting, advertising for sale or renting or owning for commercial purposes equipment, products or components or providing services that:
i) are promoted, advertised, or marketed for avoidance purposes;
(ii) have only a limited commercial purpose or use other than avoidance;
(iii) are primarily designed, manufactured, adapted, or used to enable or facilitate the release of technological measures.
Also, the article mentioned above has not left us unexplained what the technological measure means; in the second point of this article, it is clearly explained that: “Technological measures” means any technology, device, or component designed to prevent or restrict actions in the ordinary course of their operation concerning creations or related rights objects not authorized by the holders of rights. Technological measures are considered “effective” when using protected work.
The rights holder controls the associated rights object by applying an access control or protection processes, such as encryption, decoding, or another conversion of the item’s creation. Related rights or a copy control mechanism that achieves the objective of protection in the ordinary course of its operation. So, in other words, the masses protection technologies are those electronic means that enable the prohibition of materialized work, e.g., in a folder on the computer. When these measures are set, copying is possible. The exception that the LDA makes to protection is for computer programs.
Copyright infringement online
Today in Albania, many organizations protect copyright, which authorizes the media based on some complex formulas approved by the Ministry of Culture, Ministry of Finance, etc.
Case 1: If an individual is a user of artistic, musical, or cinematographic works, you should approach the unique SUADA counter to obtain permission/authorization to use this material.
Case 2: AKDIE Claims to be the Only Licensed Agency for the Collective Administration of the Rights of Albanian Performing / Performing Artists in Albania first issued in 2008 and with a license renewable continuously every three years, consisting of the expiry date under applicable law. Both agencies are in conflict and opposing litigation. Still, until the court reaches a decision, the media must pay both agencies because it licenses them.
Copyright infringement is the infringement of an individual’s intellectual property. The breaking certainly brings with it the theft of an author’s original creation in various fields by another person who, through this stolen product, also has personal benefits without obtaining the author’s authorization. But to understand copyright infringement, we must first become familiar with the rights and limitations of a copyright holder.
A person can copy and distribute an individual’s work without harming anyone, and you may not be held liable. On the other hand, it is also possible to subject yourself to a legal process, even if there was no intent or knowledge that the work owner stole. A typical example of copyright infringement is that some creators post their work online for download for a set fee. But it violates the rights of copyright download of a movie, television show, music, or e-book from a website not owned by the author who created it.
Website development also consists of the emergence of trademarks and services that have unique features. Music, movies, and books can be downloaded or viewed without physically visiting the shops or being sent to the shopper’s home. Similarly, cultural and sports events can be viewed online without going to a sports theatre. Historically, music has been the first digital content available online. Intellectual property authors have rightly eaten the issue of counterfeiting and piracy as an obstacle to e-commerce.
Piracy deprives creators of a fair reward, while counterfeiting distorts the market due to unfair competition between businesses. One of the primary means of combating piracy is the submission of legal offers by providers. In parallel, cross-border trade development should increase authors’ income by attracting potential clients from all member states. Since its creation and to this day, the Internet has been the fastest tool science has developed to create new communication links, unlimited access to information, and the personal use and exploitation of all the opportunities this option can offer.
However, such a necessary and speedy tool is undoubtedly one to bear in mind that it also brings various problems, including immoral uses, leading to individual rights violations. Plagiarism, piracy on the web, downloading of music, films, etc., are considered an increasing phenomenon and a concern for the authors of these works whose economic and moral interests, in this case, are affected. Piracy is not a legal notion but was born to describe copyright infringement or fraud committed for profit. Trade. Any copying, reproduction, distribution without the author’s authorization for commercial gain, causing them economic harm, shall be considered piracy.
