– Kosovo Copyright and Related Rights Law No. 2011/04-L-065, passed on October 21, 2011, published in the Official Gazette of the Republic of Kosovo, in force since November 18, 2011, with amendments as adopted in the Law No. 05/L-047 on amending and supplementing the Law No. 04/L-065 on Copyright and Related Rights, passed on October 11, 2016, published in the Official Gazette of the Republic of Kosovo, in force since October 25, 2016.
– Regulation on Private Copy Schemes, adopted by the Government on October 30, 2018.
– Regulation on Procedures to License CMOs.
– Regulation on Mediation in the field of Copyright.
Membership in International Conventions
Kosovo is not a member of any international conventions related to copyright.
Foreign authors are protected if they have permanent residence in Kosovo, or for their works published for the first time in Kosovo or within thirty days after being published in another country, or for their architectural and art works, which in the territory of the Republic of Kosovo are real estate or are integral part of a real estate.
Not considered as copyright: ideas, principles, instructions, procedures, discoveries or mathematical concept as such; laws, sub-legal acts, and other regulations; official materials and publication of parliamentary bodies, government and other organizations which carry out public functions; official translations of regulations and other official materials as well as international agreements and other instruments; submissions and other acts in administrative and judicial proceedings; official materials published for public information; folkloric expressions; headlines and different information of media of ordinary reporting nature.
Registration: not provided for. Copyright is considered as individual spiritual creations in the field of literature, science and art, which is expressed in a certain way. In particular, works of authorship shall be deemed to be verbal works, such as speeches, lectures, narratives and other similar works represented verbally; written works such as textbooks, brochures, daily newspapers, and other texts of the literary domain, scientific and professional literature as well as computer programs; music works with or without text, whether they are presented through musical notes or in any other form; theatrical works, theatrical-musical and puppet theatre works including radio-drama; choreographic and pantomime works; film and other audiovisual works; photographic works and other works made of photography such as artistic photography, photos of reporters, or works created through a similar process such as photo montage, posters, art works in the area of painting, sculpture, graphics and drawing; architectural works such as charts, plans, templates and buildings built based on architectural and engineering works, urbanism, panorama and interior design; stenography works; applicative art works as well as industrial and graphic design; cartographic works in the area of geography and topography; scientific, educational or technical presentations such as: technical drawings, graphics, charts, expertise, and three-dimensional presentations.
Beginning of protection: copyright protection automatically subsists the moment the copyrighted work was created.
Duration: during the lifetime of the author, plus 70 years after his/her death except for rights of film producers, interpreters and the rights of a broadcasting organization where the duration of protection is 50 years from the day the work was created.
Owner's rights - moral rights: right of authorship, right to be named, right of disclosure, right of protection of the work's integrity, right to oppose unbecoming exploitation of the work (right to remorse).
Pecuniary rights: right to use the work, right to reproduce, to distribute and lease the work, right to place in circulation copies of the work, right to rent copies of the work, right to perform, right to present, right to transmit performance or presentation, right to broadcast, right of re-broadcasting, right to adapt, arrange or alter the work in some other manner, right to communicate a broadcasted work to the public, right to communicate a work from a sound or picture carrier to the public.
Exhaustion of distribution rights: the right of distribution has been exhausted for the territory of Kosovo with regard to the original and copies of the works, if the first sale or other transfer of property to that object in Kosovo was carried out by the rightholder or with his permission.
Other author's rights: right to access and exposure, right to resale, right to public hire, right to special remuneration.
Limitation of copyright: it is allowed, without the permission of the author and without payment of remuneration to the author, to reproduce the author's work when needed for public security or regular flows of action or reporting regarding the administrative and parliamentary and judicial procedures; for the non-commercial purposes of education to perform publicly or represent the published works in the shape of direct presentation of a lecture in the process of tuition, public performance or representation of the published works at the school festivals providing the interpreters are not given compensation for their performance; for reproduction for private use only; for non-profit-making library, museum, archive and educational and science institutions, to reproduce one additional copy from a copy of the work already in their permanent collection, if its purpose is to replace copies that have been lost, destroyed or have become unusable or to make a copy available to other libraries or similar archive services in order to replace in their own collections works that have been lost, destroyed or have become unusable, where it is impossible to obtain copies of the work through usual commercial channels; for broadcasting organizations to make ephemeral recordings of works by means of their own facilities and for their own broadcasts on the understanding that such recordings shall be erased or destroyed not later than twelve months after their broadcasting; to use for persons with special needs; to use during religious ceremonies and official celebrations organized by the public authorities; to use the temporary reproduction of a works which are transitional or accompanying and are component and essential part of a technologic process, that are not of an independent economic relevance and its only purpose is to enable the work to be broadcasted into a network among third parties, through mediators, or to be used lawfully; if it is included randomly and does not represent an essential element of such use; use of works or other subject matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author's name, is indicated, unless this turns out to be impossible; use of political and other speeches held in public debates to the extent of information purpose; quotation - use fragmented parts of a foreign published work or the complete foreign work published in the domain of photography, figurative arts, industrial design, architecture, applicative arts and cartography if this is related to critics and elaborations of the work of the author on condition that it is done in accordance with the principles of consciousness and honesty; processing of work is allowed if it is related to private processing or other individual processing that is not available to public, for processing in parody or cartoon and does not create or cannot create confusion regarding the source, if processing coincides the allowed use and lawful purpose; reproduction and distribution in the catalogue of exposed works of figurative arts, applicative arts, and industrial design and photography works published by an organizer to promote exhibition or auction, but excluding any direct or indirect commercial interest; use of works placed in public places and other places where the general public access is allowed; use of works in phonogram or video as well as communication of works to the public in workshops, shops and repair warehouses, but only to the necessary extent for demonstrating the operation of equipment to be produced, sold or repaired in such facilities; the reproduction and distribution by the press, broadcasting, communication to the public or interactively making available to the public of published articles on current economic, political or religious topics or of broadcast works or other subject matter of the same character, in cases where this is not expressly reserved, and as long as the source, including the author's name, is indicated. With the payment of relevant compensation, it is allowed to reproduce fragments from the author's published work, works in the area of figurative arts, photography, architecture, applicative arts and industrial design as well as cartography in books and textbooks dedicated to teaching in schools of all levels; it is allowed to reproduce and further broadcast of emission of audiovisual media service in nursing homes, hospitals, prisons and other similar social institutions.
Transfer of copyright: the author may transfer all rights except the author's moral rights.
Assignment: the assignment of pecuniary rights may be either exclusive or non-exclusive. In the case of exclusive assignment of pecuniary rights, only the assignee shall be authorized to exploit the work of authorship in the way stipulated by contract. In the case of non-exclusive assignment of pecuniary rights, the assignee shall not be authorized neither to prohibit someone else from exercising the copyright nor to assign the right to someone else.
Work of authorship created as an employee: if an author has created a work as an employee in the performance of his/her duties, the employer shall be authorized to disclose such work and to hold exclusive pecuniary rights on its exploitation within the scope of the employer's registered business for a period of ten years from completion of that work, unless otherwise provided by a general regulation or employment contract. Upon the expiration of the ten-year term, the author shall acquire the exclusive pecuniary rights on the work.
Authority name: Office on the Copyright and Related Rights, Ministry of Culture, Youth and Sport. Internet address: http://autori-ks.com/?page=2,1
Collective Management Organizations: APIK (this association represents authors, producers and performers of Kosovo in the field of music), VAPIK (this association represents authors, producers and performers of Kosovo in the audio-visual field).