On 22 October 2026, the Albanian Parliament adopted Law No. 110/2026 amending Law No. 35/2016 “On Copyright and Related Rights” (Amending Law). The Amending Law brings Albanian copyright law into line with 14 EU instruments, including the Digital Single Market Directive (EU) 2019/790 and the Collective Rights Management Directive 2014/26/EU. The Amending Law has not yet been published in the Official Gazette and is therefore not yet in force; it will enter into force 15 days after its publication.
A New Rulebook for Collective Management Organisations
The most far-reaching changes concern collective management organisations (CMOs), the bodies that license works and collect royalties on behalf of rightsholders. CMOs must be licensed by the ministry responsible for copyright on the proposal of the General Directorate of Copyright to be established under the Amending Law (DPDA), and must be owned or controlled by rightsholders or organised on a non-profit basis. Key changes include:
- Governance: each CMO must set up a supervisory body, created by the general assembly of members, with fair and balanced representation of the different categories of members, and both its managers and its supervisors must file annual individual conflict-of-interest declarations.
- Freedom of choice for rightsholders: rightsholders may authorise a CMO in Albania or in any other country, regardless of their nationality, residence or place of establishment. An Albanian CMO must accept them where they meet objective, transparent and non-discriminatory membership criteria set out in its public statute, and any refusal must be objective and reasoned.
- Faster and cheaper distribution: royalties must be distributed no later than 9 months after the end of the financial year in which they were collected. CMOs must take all necessary measures to identify and locate rightsholders, and amounts that remain undistributed after 3 years, despite those efforts, are to be used as decided by the general assembly.
- Transparency: CMOs must publish and keep up to date their statutes on their websites, standard licensing contracts, tariffs and distribution policies, and issue an audited annual transparency report within 8 months of each financial year, kept online for at least 5 years.
- Fair tariffs for users: tariffs must be proportionate and reasonable in relation to, among other things, the economic value of the use, the economic value of the service provided by the CMO and comparable tariffs in EU Member States and the region, and CMOs must inform users of the criteria applied.
- Extended and expanded mandatory collective management: a sufficiently representative CMO may represent non-member rightsholders in defined areas of use, and those rightsholders may opt out at any time. Mandatory collective management is extended to rights such as transmission by direct injection, retransmission online in controlled environments, and the remuneration that audiovisual authors and performers retain after transferring their rights.
The Amending Law also provides supervisory measures: where the DPDA identifies shortcomings, it may order a CMO to remedy them within 30 days, failing which it may propose the suspension of the CMO’s license for 3 months or its revocation.
Online Platforms, Press Publishers and AI-Relevant Exceptions
Once the Amending Law takes effect, online content-sharing platforms that store and promote large amounts of user-uploaded content will be treated as communicating that content to the public and must obtain authorisation from rightsholders. If they have no license, they are liable for infringing uploads unless they show best efforts to obtain authorisation, best efforts to block works flagged by rightsholders, and prompt takedown on notice. Lighter rules apply to start-ups that have operated for less than 3 years with an annual turnover under EUR 10 million. Platforms without an Albanian seat must appoint a legal representative, and users may upload quotations, criticism, parody, caricature and pastiche. In addition, press publishers will obtain a new 2-year right over online uses of their publications, excluding hyperlinks and very short extracts, and new text and data mining exceptions will permit automated analysis of lawfully accessible content, unless rightsholders have expressly reserved their rights, including by electronic means for content made publicly available online.
Faster Enforcement Online
Once the new rules apply, rightsholders will be able to file takedown requests through the e-Albania portal. If an online service disputes the claim, the DPDA issues a final decision and may order removal of the infringing content. Its decision may be appealed to the Administrative Court of Tirana within 10 days, but an appeal does not suspend enforcement. Where content is hosted abroad, the DPDA may ask the Electronic and Postal Communications Authority to order access blocking.
Stronger Protection for Authors and Performers
The Amending Law introduces new contractual safeguards for authors and performers who transfer exclusive rights. They include an express right to fair and proportionate remuneration and a transparency obligation that entitles them to comprehensive information, at least once a year, on the exploitation of their works and the revenues generated. They may also claim additional remuneration from their contracting party or its successors, where the agreed fee proves disproportionately low compared with subsequent revenues. Finally, they may revoke an exclusive transfer where the work is not exploited, a right that can be exercised 2 years after the transfer and following a 6-month written notice period. Audiovisual authors also gain an unwaivable right to fair remuneration for each act of exploitation, paid directly by users under collective management, and disputes over transparency may be referred to mediation.
Key Takeaways
- Businesses and users of content (broadcasters, retailers, hospitality and digital services) should review existing licenses and tariffs considering the new CMO and tariff rules.
- Online platforms should assess whether they qualify as content-sharing service providers and update licensing, notice-and-takedown and complaint-handling processes.
- Creators, publishers and producers should revisit their contracts and CMO mandates to take advantage of the new transparency, remuneration and withdrawal rights.
What’s Next?
Implementing acts will be due within 3 to 6 months of the Amending Law’s entry into force, which will occur 15 days after its publication in the Official Gazette, including the Council of Ministers’ decision on online enforcement procedures and fees, while the DPDA must become fully operational within 6 months of that date. Certain provisions apply only upon Albania’s accession to the EU.
Frequently asked questions – FAQ
1. What has changed in Albanian copyright law?
On 22 October 2026, the Albanian Parliament adopted Law No. 110/2026, amending the Law on Copyright and Related Rights. The amendments align Albanian law with 14 EU instruments, including the Digital Single Market Directive and the Collective Rights Management Directive.
2. When will the amendments enter into force?
15 days after publication in the Official Gazette, which has not yet taken place. Implementing acts are due within 3 to 6 months after entry into force, and the General Directorate of Copyright must be fully operational within 6 months. Certain provisions will apply only upon Albania’s accession to the EU.
3. What are the main changes for collective management organisations (CMOs)?
CMOs must publish their statutes, tariffs and distribution policies. Royalties must be distributed within 9 months of the end of the financial year, and tariffs must be proportionate and reasonable. If a CMO does not remedy shortcomings within 30 days, its license may be suspended for 3 months or revoked.
4. What do the amendments mean for online platforms and press publishers?
Online content-sharing platforms will need authorisation from rightsholders, or they will be liable for infringing uploads unless they show best efforts to obtain authorisation, block flagged works and remove content promptly on notice. Press publishers gain a new 2-year right over online uses of their publications, and new text and data mining exceptions apply unless rightsholders have reserved their rights.
5. What new protections do authors and performers receive?
They gain a right to fair and proportionate remuneration, at least annual information on the exploitation of their works, and the possibility of additional remuneration if the agreed fee proves disproportionately low. They may also revoke an exclusive transfer if the work is not exploited 2 years after the transfer, following 6 months’ written notice.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
