The Legal Situation for Orphan Works Under the Republic of Albania's Copyright Regime

Abstract

The development of digital technology has revolutionized the public's access to and utilization of protected works. Pre-existing analog works can now be easily converted into digital formats, providing users with various reuse opportunities. Libraries, museums, archives, and other cultural heritage institutions have embraced the digital revolution by digitizing their cultural and scientific collections. In addition to preserving these invaluable assets, they also aim to provide online access to their materials. However, despite their valuable efforts, these institutions often face significant challenges in locating and identifying the copyright holders to obtain the necessary authorization. This can lead to uncertainties regarding the legality of making these works available online, as using copyrighted materials without prior consent can expose them to the risk of copyright infringement claims. In the Republic of Albania, where cultural heritage institutions are also grappling with these challenges, the potential for infringement underlines the urgent need for efficient mechanisms to handle copyright-related matters when undertaking such ambitious projects. This article aims to present and analyze legal solutions that can facilitate the use of orphan works without infringing on copyright. It also delves into the potential challenges that may arise in implementing such legislation. Additionally, this article outlines the procedure for termination of orphan work status and the requirements for a reasonable compensation calculation for reappearing authors/right holders. Finally, it recommends further improvements to copyright and related rights legislation.

Received: 20 March 2024 / Accepted: 16 June 2024 / Published: 02 July 2024