On October 27, 2023, the new Law on Copyright and Related Rights came into effect in Kosovo, superseding the previous Law No. 04/L-065 on Copyright and Related Rights. Aligned with the legal framework of the European Union Acquis on copyright and related rights, this legislation signifies a comprehensive evolution in the jurisdiction’s intellectual property landscape.
A substantial portion of the new law mirrors the provisions of the Copyright on the Digital Single Market (CDSM) Directive, notably recognizing publishers’ entitlement to compensation for the online sharing of their press publications. The legislation also introduces rules governing online content-sharing platforms, holding users accountable for the uploading of copyright-protected materials. Consistent with the CDSM Directive, the new law extends the application of exceptions and limitations provisions, allowing certain specified use of copyrighted works. This includes enabling cultural institutions to make non-commercial works available online, all while upholding the rights of copyright holders.
In fortifying the protection of copyright and related rights holders, the new law established the Anti-Privacy Task Force. Led and coordinated by the Copyright and Related Rights Office in Kosovo, the Ministry of Culture, Youth and Sports will regulate the mandate and composition of this body through sub-legal acts approved by the Government of the Republic of Kosovo. Additionally, the new law provided a definitive definition of the “originality of work of art”, a clarity that was previously subject to court interpretation under the former law.
In a bid to facilitate the resolution of disputes, the new law empowers rights holders, collective management organisations, and users or their representatives to settle copyright and related rights disputes through Alternative Dispute Resolution methods, such as mediation and arbitration. These procedures will be governed by the applicable Laws on Mediation and Arbitration in Kosovo.
The information contained in this document does not constitute legal advice on any specific matter and is provided solely for general informational purposes.