期刊名称：Academic Journal of Business, Administration, Law and Social Sciences
印刷版ISSN：2410-3918
电子版ISSN：2410-8693
出版年度：2016
卷号：2
期号：1
出版社：IIPCCL
摘要：The relation between the author and his/her artistic creation is very specific and at the sametime a strong one. Such relation defies any property and affective connection that an individualmay have with an object (Caron, 2011, 25). Copyright constitutes precisely the legal embodimentof the author’s intimate relationship with his/her work. Copyright is a plurality of legalprovisions that belongs to the author of the work, in order to protect his/her ownership andeventually the commercial exploitation of such work. In this context, the author, throughlegal provisions and international conventions duly ratified by Albania, enjoys a relevantlegal arsenal in order to defend his/her artistic works so that such works may have a live of itsown (Vivant & Bruguière 2009, 23). One of these legal measures is the contract, which in legaldoctrine is well known as the author’s contract. By means of such contract, the author has the rightto distribute, reproduce, license or certify rights related to his/her artistic work. In this regard, thecontract is an irreplaceable tool in the hands of the author to distribute the work and to give it anundeniable value, turning it into one of the most valuable intangible assets in civil circulation. Thecontract of the author, as the name indicates it, is a contract that obeys to the rules of civil law withrespect to the quality of the parties, the characteristics of the object of the contract, its conclusion,the determination of remuneration and the term of duration. On the other hand, it is undeniablethat the contract of the author contains rules which are not specifically contemplated by the CivilCode, such as rules relating to the form, interpretation and existence of some sui generis contractsprovided in Law 9380 / 2005 “On copyright and related rights” (hereinafter referred to as “Law9380/2005” or “Law on Copyright”) as well as in the Draft Law On Authors Rights (hereinafterreferred to “Draft Law”). From this point of view, this paper will analyze two key moments: thefact that the author’s contract originates from the civil law principles and on the other hand thefact that such contract has its own autonomy from such principles.
