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Albania

Law No. 35/2016 dated 31.03.2016 on Copyright and Related Rights.

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020251992: 60%1993: 60%1994: 60%1995: 60%1996: 60%1997: 60%1998: 60%1999: 60%2000: 60%2001: 60%2002: 60%2003: 60%2004: 60%2005: 20%2006: 20%2007: 20%2008: 20%2009: 20%2010: 20%2011: 20%2012: 20%2013: 20%2014: 20%2015: 20%2016: 20%2017: 20%2018: 20%2019: 20%2020: 20%2021: 20%2022: 20%2023: 20%2024: 20%2025: 20%YearOpenness score (%)

Selected year snapshot

For 2024, the active event in this file is Law No. 35/2016 dated 31.03.2016 on Copyright and Related Rights.

20%

Current rationale

As of 2025, Law No. 35/2016 remains the copyright statute in force in Albania. No subsequent amendments affecting research-relevant exceptions have been identified via web search. The most permissive research-relevant exception remains Article 71 (personal use), which permits a natural person to make a single reproduction of a lawfully published work for personal non-commercial use, but excludes whole/substantial parts of books, musical scores, digital databases, computer programs, and architectural works as buildings. Full-work reproduction is available for some categories of works (articles, photographs, audiovisual works, short literary works, etc.) but not all, yielding ORANGE. There is no general fair use or fair dealing clause, no TDM exception, and no broad institutional research exception. Article 78 (library exception) is limited to dedicated-terminal access for research, which is insufficient for PURPLE. The three-step test (Art. 70) is a limiting clause, not an enabling one. Non-commercial restriction and single-copy limit are classification-neutral factors that do not affect the color.

Exceptions considered

Art. 7120%Private UseMost permissive

Reproduction for personal use by a natural person, single copy, non-commercial, of a lawfully published work โ€” excludes architectural works as buildings, whole/substantial parts of digital databases, whole/substantial parts of books or musical scores, and computer programs

Art. 720%Quotation

Quotation of short parts of a published work, compatible with fair practice, extent justified by purpose

Art. 730%Educational

Use for illustration for teaching, to the extent justified by non-commercial purpose

Art. 780%Library Institutional

Reproduction by libraries, archives, museums and educational institutions for preservation, replacement, and making available on dedicated terminals on premises for research or private study

Art. 700%Three Step Test

Three-step test as a general limiting clause โ€” special cases, no conflict with normal exploitation, no unreasonable prejudice to author

Law changes

Law No. 7564 of May 19, 1992, on Copyright

Baseline ยท Effective 1992-05-19

60%

Relevant section: Articles 24โ€“26

Dates: Effective 1992-05-19 ยท Enacted 1992-05-19

Why this score

The 1992 Albanian Copyright Law (Law No. 7564) was the first post-communist copyright statute. Based on the WIPO Lex record and the limited text available, the law contained exceptions for personal/private use (reproduction for personal use of the copier) and quotation. There was no general fair use/fair dealing clause, no institutional library exception for research, and no TDM exception. The private use exception permitted reproduction of works for personal purposes, which would cover private study and individual research, but was limited to private/personal scope. The quotation exception was limited to excerpts. No broader research exception existed. The most permissive research-relevant exception was the private use provision, which permits reproduction of full works but only for private/personal purposes, yielding LIGHT BLUE. The actual Albanian-language text of the 1992 law could not be fully retrieved verbatim via web search; classification is based on the structure described in WIPO Lex records and the subsequent 2005 replacement law's structure which built upon the 1992 framework.

Exceptions considered

Art. 24 (approx.)60%Private UseMost permissive

Reproduction for personal/private use of the copier

Art. 25 (approx.)0%Quotation

Quotation of short excerpts from published works for criticism, review, or illustration

Source links

Law No. 9380 of April 28, 2005, on Copyright and Related Rights

Relevant update ยท Effective 2005-04-28

20%

Relevant section: Articles 26โ€“30

Dates: Effective 2005-04-28 ยท Enacted 2005-04-28

Why this score

Law No. 9380 of 2005 replaced the 1992 Copyright Law entirely. Article 27 provides for reproduction for personal use by a natural person of a single copy of a published work, without consent and without remuneration, for personal (non-commercial) purposes. However, Article 27(2) explicitly excludes: (a) architectural works reproduced as buildings, (b) whole or substantial parts of digital databases, (c) whole or substantial parts of books or musical scores, and (d) computer programs. The exclusion of whole books and musical scores from the personal use exception means that full-work reproduction is permitted for some categories of works (e.g., articles, short literary works, audiovisual works, photographs, works of visual art) but NOT for books, musical scores, computer programs, or digital databases. This is the hallmark of ORANGE: full-work reproduction is available for at least some types of works but specific categories are carved out. Article 26 contains a three-step test but it functions as a limiting clause on exceptions, not as an enabling clause. Article 28 (quotation) is limited to short parts and is RED on its own. No separate institutional/library exception for research, no fair dealing clause, and no TDM exception exist. The most permissive exception is Article 27 (personal use), which yields ORANGE due to the work-type exclusions. Non-commercial restriction and single-copy limit are classification-neutral factors.

Exceptions considered

Art. 2720%Private UseMost permissive

Reproduction for personal use by a natural person, single copy, non-commercial, of a published work โ€” but excludes architectural works as buildings, whole/substantial parts of digital databases, whole/substantial parts of books or musical scores, and computer programs

Art. 280%Quotation

Quotation of short parts of a published work, compatible with fair practice, extent justified by purpose

Art. 260%Three Step Test

Three-step test as a general limiting clause on all exceptions โ€” applied only in special cases not conflicting with normal exploitation and not unreasonably prejudicing author's interests

Art. 290%Educational

Use for purposes of illustration for teaching, to the extent justified by the non-commercial purpose, with attribution

English rendering

Source links

Law No. 35/2016 dated 31.03.2016 on Copyright and Related Rights

Relevant update ยท Effective 2016-03-31

20%

Relevant section: Articles 71โ€“74, 78

Dates: Effective 2016-03-31 ยท Enacted 2016-03-31

Why this score

Law No. 35/2016 replaced Law No. 9380 of 2005 as the current Albanian copyright statute. Article 71 maintains the personal use exception structure from the 2005 law: a natural person may make a single reproduction of a lawfully published work for personal non-commercial use, but with the same exclusions for architectural works (as buildings), whole/substantial parts of digital databases, whole/substantial parts of books or musical scores, and computer programs. This continues to yield ORANGE because full-work reproduction is permitted for some categories (articles, photographs, audiovisual works, etc.) but not for books, musical scores, computer programs, or digital databases. Article 78 adds a library/institutional exception but it is limited to: (a) preservation/replacement copies, (b) replacement for other institutions, and (c) making available on dedicated terminals on premises for research/private study. Per the classification rules, dedicated-terminal-only access is insufficient for PURPLE classification. Article 72 contains a quotation exception limited to short parts (RED). Article 73 covers illustration for teaching (educational). No TDM exception exists. No general fair use or fair dealing clause exists. The three-step test in Article 70 functions as a limiting clause. The most permissive exception remains Article 71 (personal use with work-type exclusions), yielding ORANGE. The non-commercial restriction and single-copy limit are classification-neutral.

Exceptions considered

Art. 7120%Private UseMost permissive

Reproduction for personal use by a natural person, single copy, non-commercial, of a lawfully published work โ€” excludes architectural works as buildings, whole/substantial parts of digital databases, whole/substantial parts of books or musical scores, and computer programs

Art. 720%Quotation

Quotation of short parts of a published work, compatible with fair practice, extent justified by purpose

Art. 730%Educational

Use for illustration for teaching, to the extent justified by non-commercial purpose

Art. 780%Library Institutional

Reproduction by libraries, archives, museums and educational institutions for preservation, replacement, and making available on dedicated terminals on premises for research or private study

Art. 700%Three Step Test

Three-step test as a general limiting clause on all exceptions โ€” special cases, no conflict with normal exploitation, no unreasonable prejudice to author

English rendering

Source links

Law No. 35/2016 dated 31.03.2016 on Copyright and Related Rights

Current law confirmation ยท Effective 2016-03-31

20%

Relevant section: Articles 70โ€“78

Dates: Effective 2016-03-31 ยท Enacted 2016-03-31

Why this score

As of 2025, Law No. 35/2016 remains the copyright statute in force in Albania. No subsequent amendments affecting research-relevant exceptions have been identified via web search. The most permissive research-relevant exception remains Article 71 (personal use), which permits a natural person to make a single reproduction of a lawfully published work for personal non-commercial use, but excludes whole/substantial parts of books, musical scores, digital databases, computer programs, and architectural works as buildings. Full-work reproduction is available for some categories of works (articles, photographs, audiovisual works, short literary works, etc.) but not all, yielding ORANGE. There is no general fair use or fair dealing clause, no TDM exception, and no broad institutional research exception. Article 78 (library exception) is limited to dedicated-terminal access for research, which is insufficient for PURPLE. The three-step test (Art. 70) is a limiting clause, not an enabling one. Non-commercial restriction and single-copy limit are classification-neutral factors that do not affect the color.

Exceptions considered

Art. 7120%Private UseMost permissive

Reproduction for personal use by a natural person, single copy, non-commercial, of a lawfully published work โ€” excludes architectural works as buildings, whole/substantial parts of digital databases, whole/substantial parts of books or musical scores, and computer programs

Art. 720%Quotation

Quotation of short parts of a published work, compatible with fair practice, extent justified by purpose

Art. 730%Educational

Use for illustration for teaching, to the extent justified by non-commercial purpose

Art. 780%Library Institutional

Reproduction by libraries, archives, museums and educational institutions for preservation, replacement, and making available on dedicated terminals on premises for research or private study

Art. 700%Three Step Test

Three-step test as a general limiting clause โ€” special cases, no conflict with normal exploitation, no unreasonable prejudice to author

English rendering

Source links