Base de données sur la législation

1. It constitutes an administrative offense and its punishable by a fine based on the provisions of this Article, for the violation of copyright and related rights carried out by a person, when not a criminal offense, as well as the activity of any person if:

a. Without the authorization of the author, the individual discloses for the first time to the public, or uses the work without mentioning authorship, or without authorization distorts, modifies a work or uses it in a way that violates the honor and reputation of the author (relevant Articles of moral rights);

b. Without the authorization of the author or the holder of copyright, or of an CMA, there are reproductions of a work of the author (Article 26);

c. Without the authorization of the author or the holder of copyright, or of an CMA distributes, rents or takes other actions for the purposes of sharing of the work of the author (Article 27, 28);

ç. Without the authorization of the author or the holder of copyright, or of an ACM (the individual) communicates to the public a copyrighted work in any manner (Article 29);

d. Without the authorization of the author or the holder of copyright, or of an ACM transforms a copyrighted work (Article 30);

dh. Without the authorization of the author or the holder of copyright, or of an ACM (the individual) does not pay remuneration for the reproduction of a work of copyright for private use or other personal use, according to the Law (Article 31);

e. Without the authorization of the author or the holder of copyright, or of an ACM (the individual) does not pay remuneration for public lending, according to the Law (Article 32);

ë. Without the authorization of the author or the holder of copyright, or of an ACM (the individual) does not pay compensation for the rights of resale, according to the Law (Article 33);

f. Distributes or possesses a copy of a computer program for commercial purposes, knowingly or having the opportunity to verify that it is an illegal sample, or any other tool that avoids technological measures for the protection of a computer program (the relevant section of this Law);

g. (The individual) does not list the name, pseudonym or any other indication of an interpreter and/or performer, unless the latter has stated in writing that he/she does not want to be mentioned, or when he/she uses his work in public, or without the authorization of a interpreter and/or performer distorts or modifies the appearance, or uses the work in a way that violates or may violate the honor and reputation of performers and/or interpreter (Article 108);

gj. Without the authorization of the interpreters and/or performers or of the ACM, (the individual) infringes the exclusive rights to their property (Article 109);

h. Without the authorization of the producers of phonograms or of the ACM, (the individual) infringes the exclusive rights to their property (Article 113);

i. Without the authorization of the producers of first fixations/registrations of movies or of an authorized distributor where the producer has transferred his rights, (the individual) violates their rights in conflict with the Law (Article 116);

j. Without the authorization of an organization/media service providers who illegally violates their exclusive rights (Article 117);

k. Without the authorization of a publisher and without paying compensation for the reproduction for the private use of photocopies or of other personal use (Article 118);

l. Without the authorization of a creator of a database, (the individual) issues or makes available to the public, conveys to the public or illegally uses its data (Article 121);

ll. (The individual) avoids technological measures for the protection of copyright and related rights in (Article 154);

m. (The individual) removes or alters the electronic information management of copyright and related rights in (Article 155).

2. The person in charge of the legal person (administrator) will be punished for the offenses provided for in paragraph 1 of this Article, a fine on the amount of 100,000 to 500,000 ALL.

3. The person shall be punished for the offenses provided for in paragraph 1 of this Article by a fine on the amount of 100,000 to 500,000 ALL.

4. The natural person, employee of any class or any other self-employ, respectively, shall be punished for offenses, provided for in paragraph 1 of this Article, a fine in the amount of 50,000 to 200,000 ALL, when the offense is committed while performing his/her activities while knowing or having the opportunity to know, to verify if he/she was carrying out an illegal activity.

5. Facilities and tools intended to be used to carry out the offenses pursuant to paragraph 1 of this Article, shall be confiscated and destroyed by the relevant structures according to the Law, in accordance with the legislation in force on administrative violations.

6. A legal entity or natural person who commits an offense pursuant to paragraph 1 of this Article, in the exercise of their commercial activity, the measures to halt their trading activities can be taken, for violation of copyright or of related rights, for a period of one year, taking into account the seriousness of the offenses and the repetition of such violations by them.

7. Inspectors have the right to request the assistance of the State Police if they stopped in the exercise of their legal powers, in accordance with the provisions of Law on inspection.

8. The fine, pursuant to paragraph 1 of this Article, may not be given if three years have passed from the date of the offense.

9. It is punished with a fine of 10 000 to 100 000 ALL every user subject, which is in violation of the provisions of this Law, for carrying out the payment of compensation against the author/ACM or their representatives.

10. In case of recurrence, the maximum punitive measures provided for in paragraph 1 of this Article shall be doubled.

11. Revenues that derive from the fines will go to the state budget.